Petitioning for your Fiancé Abroad: The ease of connecting to people from across the globe via the internet has made finding the right partner easier for so many. Although the fiancé visa process can be intimidating, with the help of a dedicated immigration attorney familiar with the specific requirements and conditions, you can take peace in knowing the journey will be as quick and stress free as possible. At the Law Office of Karen Winston, we understand the urgency of wanting to be with the one you love most. From the moment you walk through our door, until the time your fiancé arrives in the U.S., your case will receive the priority attention it deserves.
Who can apply for a K-1 Visa? K-1 visas (fiancé visas) are available to the foreign national fiancés of U.S. Citizens. If approved, the visa allows the foreign fiancé to come to the U.S. for the purpose of marrying their U.S. Citizen fiancé. After the couple marries, then the foreign spouse can apply to get their permanent residence in the U.S.
Note a Lawful Permanent Resident (LPR) cannot file a K-1 fiancé visa for their fiancé abroad, and they would need to either become a U.S. Citizen first and the file, marry their fiancé and file for them as the spouse of a LPR.
What are the requirements for a K-1 visa?
- Your fiancé is a U.S. Citizen
- You both intend to marry each other within 90 days of your fiancé’s arrival to the U.S.
- You have met each other in-person at least once within the last to (2) years
- You are both legally eligible to marry each other
- The U.S. citizen fiancé must show they are financially able to support their fiancé
Can my fiancé bring their children to the U.S.? Yes, if your fiancé’s children are unmarried and under twenty-one (21) years of age, they must be listed on the petition and will be issued K-2 visas if your fiancé’s K-1 visa is approved. They do not have to travel with your fiancé to the U.S. but must enter the U.S. within one year from the date your fiancé’s K-1 visa was approved.
How long is the fiancé visa good for? The K-1 visa is valid for six (6) months from the date it is issued. Your fiancé may only enter the U.S. one time with their approved fiancé visa. You and your fiancé must marry within ninety (90) days of your fiancé’s arrival to the U.S.
When can my fiancé apply for their green card? Your fiancé can apply to become a permanent resident (commonly referred to as a “green card” holder) after they enter the U.S. and you have married each other. We recommend filing within ninety (90) days after your fiancé entered the U.S. When you file the adjustment of status application, your fiancé can also apply for work authorization at that time.
What is conditional residence? If your marriage will be less than two (2) years old at the time your fiancé and you are interviewed regarding your application for adjustment of status, your fiancé will be granted conditional residence.
Link to our blog on conditional residence