When couples are planning on getting married, it is usually an exciting time. When one of the people involved is an immigrant, things get more complicated. These couples may have concerns on their minds other than the wedding cake, the venue and the guest list. It may be helpful to become familiar with the requirements to obtain a fiancé visa.
The K-1 non-immigrant visa
When you, as a U.S. citizen, seek to bring your foreign fiancé to the United States to be married, you will need to file a specific form, Form I-129F, which is the first step to obtaining a K-1 nonimmigrant visa for your fiancé. A K-1 non-immigrant visa is also known as a fiancé visa. Form I-129F is a petition for an alien fiancé.
To obtain a K-1 fiancé visa, you and your fiancé must intend to marry one another within 90 days of your fiancé entering the United States with K-1 nonimmigrant status. The marriage must be valid, which requires that both you and your fiancé have a bona fide intent to establish a life together. The marriage must not be for the singular purpose of obtaining the immigration benefit.
Following the wedding, within 90 days of the finance being admitted into the U.S. with K-1 immigration status, the fiancé may apply for lawful permanent resident status in the United States. This status is also referred to as a green card. If you plan to marry outside of the United States, if have already married or if your fiancé is already legally residing in the United States, the fiancé or spouse is ineligible for a fiancée visa. However, other options may be available to you and to them.
There are several important steps in the fiancé visa process that interested parties should be familiar with. An attorney with experience in immigration law may be able to help citizens and their immigrant loved ones navigate the immigration system