The K-1 visa is a non-immigrant visa granted to the fiancé of a U.S. citizen who wishes to marry in the United States. This visa requires marriage to the U.S. citizen within 90 days of entry. Both the U.S. citizen and the intended spouse must be legally eligible to marry for the entire 90 day period, and must usually have met in person within the last two years before the application for the K-1.
The holder of a K-1 is allowed to work in the United States. Once married, the K-1 visa holder may apply for adjustment of status and obtain a green card. If the marriage does not take place within 90 days, the alien must leave the United States.
The alternative to a fiancé visa is a spousal visa. This entails marrying your fiancé outside the U.S. and filing a spousal visa (immediate relative) petition.
What Are the Requirements For A Fiancé Visa?
To obtain a fiancé visa, also known as a K-1 visa, the following requirements generally apply:
- You must be a U.S. citizen and the partner must live outside the U.S.
- Both you and your fiancé must be legally eligible to marry under the laws of your respective countries.
- You must have met your fiancé in person within the two years before filing the petition unless meeting in person would violate strict and long-established customs of your culture or would create extreme hardship.
- You and your fiancé must have a bona fide intention to marry within 90 days of your fiancé's arrival in the United States.
Below are more detailed requirements for the U.S. sponsor and the partner who is outside the U.S.
Requirements for the U.S. Sponsor
- Be a U.S. citizen and be able to prove it via a U.S. birth certificate, unexpired passport, Certificate of Naturalization, etc.
- Be able to legally marry, meaning that any previous marriages must have ended in an official divorce or death of a spouse
- Meets 100% of the Federal Poverty Guidelines income level for the size of the household.
- File Form I-129F and submit to USCIS so that the foreign partner may come to the U.S. with a K-1 visa.
Requirements for the Foreign Partner
- Live outside the United States
- Able to legally marry based on their country’s laws
- Should have met the U.S. sponsor within 2 years before filing Form I-129F
- Cannot have committed crimes that would block them from entering the U.S.
- Be able to present documents that may be requested by the U.S. embassy or consulate, such as a passport, birth certificate, military records, etc.
Have more questions? For expert guidance to ensure there are no delays or denials in the process, speak with our experienced Charlotte fiancé visa lawyer at Law Office of Kelli Y. Allen, PLLC.
What Are The Requirements For a Marriage Visa in the United States?
If your spouse is already in the United States, you may apply for a marriage-based immigrant visa or green card, such as an Immediate Relative (IR) visa. The requirements typically include:
- You must be a U.S. citizen or a lawful permanent resident (green card holder).
- You and your spouse must be legally married, with a valid marriage certificate from a recognized jurisdiction.
- You must provide evidence of a bona fide marital relationship, demonstrating that your marriage is genuine and not solely for immigration purposes.
- Your spouse must not be inadmissible to the United States due to criminal history, immigration violations, or other disqualifying factors.
Can I Apply For A Marriage Visa If My Spouse Is Already In The United States?
If your foreign spouse is already in the U.S. they may apply from within the U.S. and apply through a process called “adjustment of status” so that they may obtain a green card. The process typically involves filing Form I-485, Application to Register Permanent Residence, or Adjust Status and the Family Sponsorship Form I-130. However, eligibility and requirements for this process may vary depending on factors such as your spouse's current immigration status, their entry into the United States, and any prior immigration violations.
Have a unique situation? Do not hesitate to talk to our Charlotte marriage visa attorney -- Attorney Allen has years of experience and a thorough knowledge of immigration law. She can provide sound counsel based on your circumstances.
Call a Skilled Charlotte Fiancé & Marriage Visa Lawyer
In need of expert guidance and support for your fiancé or marriage visa journey? Look no further than Law Office of Kelli Y. Allen, PLLC, your trusted partner in immigration matters. At Law Office of Kelli Y. Allen, PLLC, we understand the importance of being together with your loved ones and navigating the complex immigration process seamlessly. As your dedicated Charlotte fiancé visa or marriage visa attorney, we go the extra mile to provide responsive attention and deliver customized legal services tailored to your needs. With years of experience, we have assisted countless clients in successfully obtaining fiancé and marriage visas, helping them build their lives together in the United States. Contact Law Office of Kelli Y. Allen, PLLC to schedule a consultation and let us guide you through the intricacies of the fiancé and marriage visa process with care and expertise.
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