Bring Your Fiance to the US with a K-1 Visa

April 19, 2019 10:50 am
by David Jakeman

You’ve found your true love. You’re ready to spend your lives together, but there’s one problem. You live in different countries. You’re in the United States, and they’re somewhere else.

How do you bring over your beloved so you can get married?

There’s a visa made just for your situation. It’s the K-1 visa, also known as the fiance visa. You apply on behalf of your intended spouse. They will be required to pass an interview at the US Consulate in their home country. Once the visa is approved, your fiance is able to travel to the US, and you can get married!

In order to receive a K-1 visa, you must meet certain eligibility requirements.

  • You must be a US citizen. No legal permanent residents can use the K-1 visa.
  • You are legally free to marry. No underage marriages or bigamy, for example.
  • It must be a bona fide marriage. You can’t use the immigration benefits of marriage simply to help someone establish themselves in the United States. You must actually want to make a life together.
  • You must meet certain income requirements.
  • You must have met in person at least once in the past 2 years. There are, however, exceptions if the requirement would violate religious or cultural practices or if you can prove it would create extreme hardship to you, the US citizen.
  • First Comes Marriage, Then Comes…A Green Card!

    After your fiance arrives, you have 90 days in which to get married. If you don’t get married within 90 days, your fiance generally must leave the country so as not to violate immigration laws and risk deportation.

    After the wedding, you can apply for a green card for your spouse. Their green card will be conditional for the first two years to ensure that you didn’t get married just to help them get a green card. After two years, you can apply to get the conditional part removed.

    Ways You Don’t Qualify for the Fiance Visa

    There are certain situations that disqualify you from using the K-1 visa. You won’t qualify if you’re already married. You also won’t qualify if you’re planning on getting married abroad. If your fiance is already legally residing in the US, you also won’t qualify.

    If you’re already married, then you don’t need a fiance visa. You need to apply for a green card for your spouse through an I-130 application.

    If you have questions about immigration, make sure to consult with a qualified immigration lawyer. Our immigration lawyers in Orem and our other locations are here to help!

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