Fiancee Visa

There are essentially three ways for U.S. citizens to bring spouses to the United States, under current U.S. immigration
law.  Those three methods are the:

1.    K-1 Fiancé Visa,
2.    K-3 Spousal Visa and
3.    Immediate Relative Immigrant Visa.

The requirements for each are different, and so careful attention should be paid to those detailed requirements before a visa application is submitted.  A trained and experienced immigration lawyer can help maximize the chances of filing the correct type of application and one that is likely to be granted.  Let's have a quick review of one of the more popular of the family-based visas- the K1 fiance visa.

The K-1 fiance visa is available to a foreign citizen who plans to marry an American citizen and then reside permanently in the U.S.

Who Is Eligle?

If might be elible for a K-1 Visa, if you answer these questions affirmatively:

A.     You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S.
B.     You will marry the petitioning U.S. citizen within 90 days of entering the U.S.
C.     You intend to enter the U.S. solely to marry the U.S. citizen
D.     You have met the U.S. citizen within the last two years before filing for the K1 fiance visa. This requirement can be waived, but only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for you


What Are The Benefits of a K-1 Fiance Visa?

A.     The K-1 fiance visa can sometimes (but not always) have a shorter waiting period compared to marriage-based immigration visa petitions.
B.     You can apply for a work permit by filing a form.
C.     Your children can accompany you to the U.S. on the K-2 dependent visa, as long as those children are named in the fiance visa petition and satisfy certain other requirements under the K-2 Visa program.

The K-1 Visa is not always the right tool to obtain lawful entry into the U.S., even when it is a fiancee that seeks entry.  Only a knowledgeable immigration attorney can gather the right facts to determine the best strategy for a non-U.S. citizen seeking to come to America.