Fiancé Visas (K-1 Visas)
Bring Your Fiancé to the US
Getting married is wonderful but wading through the immigration process to bring your foreign fiancé to the US to be with you while you plan your wedding is a nightmare.
Many engaged couples face the possibility of being separated for months while they go through the immigration process. How do you plan a wedding when you don't know when your fiancé will be able to come to the US?
Getting a K-1 Visa can bring your fiancé to the US and get them a green card faster than some other methods. It's important to consider all your options.
Talking with an immigration lawyer can help you decide on your best course of action. Contact us for a free case review.
When you want to get married in the United states but you are in the US and your fiance is abroad, you want the quickest option to getting them to the U.S.. The K-1 Visa, also known as the Fiance Visa, could be your best option, because it gives them permission to be able to get married here inside the United States and then continue the green card process inside the United States.
Requirements to apply for a K-1 Visa
The K-1 visa has requirements that must be met in order for you to apply for it. First, you cannot already be married. If you are, then you need to look at other options.
Second, you must be legally able to marry. This is something people sometimes overlook, but if you haven’t finalized a divorce yet or there's some other problem with being legally married in the United States, then you wouldn't be able to qualify for a fiancé visa either.
Third, you must have met your fiancé in person at least once in the 2 years before you apply for the fiancé visa. A common myth is that people will meet someone online, get engaged, and bring their fiancé to the United States to get married without ever meeting them in person first. That actually isn't possible in most cases.
There are some exceptions to that rule of having to have met in person, but they're very strict and are usually religious reasons where it would be inappropriate in your culture to have even seen each other in person before the wedding. However, that's not something we see very often.
Fourth, you must have the intention to get married within 90 days of coming into the United States. It is not difficult to prove you meet this requirement. Usually we submit a statement literally saying, “I intend to get married within 90 days of entry,” and then submit proof of your relationship and that you actually are engaged and planning to get married. The difficult part is planning your wedding without knowing when you'll get the K-1 Visa.
Lastly, you must not have any "grounds of inadmissibility" that would disqualify you. Grounds of inadmissibility can be criminal history, health issues, and other issues. You should consult an immigration attorney to determine whether you have any grounds for inadmissibility and, if so, what your options are.