If you are a U.S. citizen and you’re engaged to a person in another country, your fiance can qualify for a visa to come to the U.S. so you can get married! You can obtain The K-1 visa allows your fiance to enter the U.S. provided you both intend to marry one another within 90 days of your fiance’s arrival. After your marriage, your fiance will be eligible to apply for a marriage-based green card in the U.S.
This is a great option for couples who are ready to take the next step in building their life together with their partner and wish to marry in the U.S. A K-1 visa will allow you both to live together in the U.S. immediately after marriage and while your fiance’s marriage based green card application is processing.
This is also a great option if your fiance has foreign national children! You can apply for a K-2 visa for your fiance’s children who are unmarried and under the age of 21, allowing them to enter the U.S. together so your new family can be united
How to do it?
As the U.S. citizen partner, you must file form I-129F with USCIS together with supporting documents establishing that you are both in a bona fide relationship and intend to marry and build a future together! Alcorn has successfully supported hundreds of couples to reunite in the U.S.
Am I eligible?
To apply for a K-1 visa for a foreign-national spouse, you must meet the following requirements:
- You are a U.S. citizen;
- Your fiance is a foreign national living outside the U.S.;
- You and your fiance are currently not married and intend to get married within 90 days of your fiance’s admission to the U.S;
- You and your fiance both have a true intent to start a life together; and
- You and your fiance have met each other in person at least once during the last two years preceding the date you file the K-1 visa. If you and you fiance do not meet this requirement, you may qualify for a waiver if:
- Your meeting in person would violate the customs of your fiance’s culture or social practice; or
- Your meeting in person would result in extreme hardship to you, the U.S. citizen.
What’s the Process?
The U.S. citizen must file Form I-129F along with supporting documents to USCIS. Once USCIS approves your I-129F you case will be forwarded to the U.S. Department of State National Visa Center (NVC), which will then forward your case to the U.S. embassy or consulate where your fiance will apply for a K-1 visa with supporting documents. Your fiance will then schedule an appointment to appear at a U.S. embassy or consulate abroad for an interview. Once your fiance is approved he or she will receive a K-1 visa and can enter the U.S. Your fiance and you must then get married within 90 days of your fiance’s arrival to the U.S. Following your marriage, your new spouse can now file a green card application in the U.S.!
Definitely speak to an experienced immigration attorney before filing a I-129F Petition for your loved one!