April 5, 2019

What is the Fiancé Visa (K1 Visa)?

Many United States citizens wish to marry foreign nationals and live together in the U.S. However, it is imperative that
you follow the appropriate immigration protocol in this situation. The U.S.government allows you to petition for a “fiancé” visa, officially called the K-1 Visa.

The K-1 Visa gives a foreign fiancé the
authority to travel to the U.S., and they must marry the U.S. citizen within 90
days of arriving. Under immigration law, a fiancé is someone who is legally
allowed to be married, and the U.S. citizen must also be legally allowed to
marry as well. In most cases, the two must have spent time in person within the
two years prior to applying for a fiancé visa, though there are exceptions for
cultural arranged marriages and similar situations.

You can apply for a K-1 Visa by properly
completing and filing a Petition for Alien Fiancé, which you must file within
the U.S. The process may then go as follows:

  • USCIS approves your petition and
    sends it to the National Visa Center
  • The petition then must go through
    the U.S. Consulate or Embassy where your fiancé lives
  • You fiancé will need to undergo an
    interview at the Embassy or Consulate and provide documents such as a valid
    passport, medical examination forms, police forms for background checks, evidence
    of divorce or death of a previous spouse, and evidence of your relationship,
    among others

Note that if your foreign fiancé has children,
they can also apply for K-2 Visas.

For more information visit the USCIS K-1 Visa page.

an Immigration Lawyer in Orange County for More Information

You do not want to jeopardize your marriage by
making errors when applying for a fiancé visa. Instead, consult with an Orange
County immigration attorney at Brudner Law for assistance. Call 714.794.9366 or contact us online to schedule your
appointment today.

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