If you are a U.S. citizen, you can bring your fiancé(e) to the United States to marry and live here, with a Nonimmigrant Visa for a Fiancé, known as a K-1. K-1 visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry. Under a K-1 visa, your foreign fiancé is allowed to reside and work in the United States. Once your fiancé enters the U.S., you and your fiancé have 90 days to marry and apply for permanent residency.
The Fiancé K-1 Nonimmigrant Visa is applied for, for the foreign-citizen fiancé(e) of a United States citizen. The K-1 visa allows the foreign-citizen fiancé(e) to travel to the United States and marry their U.S. citizen sponsor. After the marriage, the foreign-citizen will then apply for adjustment of status to a permanent resident with the Department of Homeland Security, U.S. Citizenship and Immigration Services. Because a fiancé(e) visa permits the holder to immigrate to the United States and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) is required to meet some of the requirements of an immigrant visa. Eligible children, which are unmarried children under the age of 21, of K-1 visa applicants receive K-2 visas.
In order to obtain a K-1 visa, certain requirements must be met, such as:
- The petitioner must be a U.S. citizen
- Both you and your foreign fiancé are free to get legally married
- You met your fiancé within the past two years
- Both you and your fiancé have intentions to marry within 90 days of your fiancé’s arrival in the U.S.
- You meet the minimum income and financial requirements
- Your fiancé does not meet any criteria that render them inadmissible to the U.S.
Having an attorney who is experienced with immigration to help you with your petition, can be helpful. One mistake or omission on your petition can cause a delay or denial of your fiancé’s visa. An attoney can help you fill out forms, submit documents, review your petition, and answer any questions or concerns you may have.