You fell in love with someone and got engaged. You and your fiance couldn’t be happier. There’s only one issue: They aren’t a U.S. citizen. Since you want to live in the United States together, you’re looking into what to do. That’s where the K-1 fiance visa can come into play.
Here’s some more information on how to go about obtaining a K-1 fiance visa for your beloved.
How to Get a K-1 Fiance Visa
The first step you’ll have to take is filing Form I-129F, Petition For Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). Note that this visa is also called the K-1 nonimmigrant visa. You need to file the form before you plan to get married and live in the U.S. together.
You and your fiance need to intend to marry one another within 90 days of your fiance coming to the U.S. as a K-1 nonimmigrant. Of course, your marriage needs to be legitimate – you can’t just do it so that your fiance can become a U.S. citizen. This is in violation of the law and USCIS could find out. It could have wide-ranging negative consequences if your marriage is found not to be valid.
Once you get married within that 90-day timeframe, your fiance can then apply for a green card, also known as lawful permanent resident status.
Am I Eligible to Bring My Fiance to the U.S.?
Keep in mind that you have to meet the USCIS eligibility requirements to bring your fiance to the United States in the first place. You must be a U.S. citizen, and you and your fiance need to be legally free to marry one another. This means that if you or your fiance were previously married, that marriage must have ended in divorce, death, or annulment.
You and your fiance also need to meet each other at least one time in person within two years of filing your petition. If you are unable to meet in person, you can file for a waiver. Two valid excuses are: It would result in extreme hardship for you or the petitioner, or it would be in violation of long-established and strict customs from your fiance’s social practice or foreign custom.
What Happens if You Miss the 90-Day Deadline?
Weddings get delayed for a variety of reasons. Unfortunately, if you fail to get married within 90 days, K-1 and K-2 nonimmigrant status is automatically going to expire. Your fiance, along with their children, will need to depart from the U.S. after those 90 days are up. Otherwise, they would be breaking the law and could end up getting deported. This could have a very negative impact on their future and hurt their chances of trying to become citizens at some point.
What if There Are Children Involved?
Let’s say your fiance has children they want to bring to the U.S. If they have a child who is under 21 years of age and not married, then they can bring them on a K-2 nonimmigrant visa. List your fiance’s children’s names on Form I-129F when you file it. The children cannot come to the U.S. before your fiance.
Contact a Florida Immigration Attorney
Do you need help obtaining a K-1 fiance visa? Then contact Florida Immigration Law Counsel through our website or by calling 1-800-666-4996. We deal with the government so you don’t have to. We look forward to assisting you.
