What is a fiancé(E) visa?
A fiancé(e) visa, technically called a K-1 visa, is issued by U.S. Citizenship and Immigration Services (USCIS). If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e).
The first step in obtaining a K-1 nonimmigrant visa is to have met your fiancé(e) in person within two years prior to filing the form I- 129F. You and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit.
If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).
If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is NOT eligible for a fiancé(e) visa. In that case, the U.S. citizen spouse could sponsor the foreign spouse for a green card (the “I-130 petition,” sometimes also referred to as the “IR1 / CR1 process”
For engaged couples, there are advantages and disadvantages to each of these two options. The best choice is to consult the Law Offices of Meri S. Ponist, P.C. to discuss your specific case.
We represent clients in: removal defense | immigration court hearings | bond requests | parole requests | asylum | cancellation of removal | appeals | waivers | family based immigration | immigrant visas | adjustment of status/green cards | non-immigrant visas | Fiancé K-1 and K-3 Visas | Business Visas | Naturalization & Citizenship | work permits | green cards through guardianship
Immigration Attorney in New York City, Queens, Brooklyn, the Bronx, Westchester County and the Surrounding New York Metropolitan Area.