Fiancee Visas

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What is a K-1 Visa?

There are several different types of visas a person may apply to gain entry and stay in the United States. K-1 Visas, also known as Fiance visas, are visas for individuals entering the United States to marry a U.S. citizen. There are several requirements, but the most important requirement is that the U.S. citizen and their fiancé marry within 90 days of the fiance’s entrance into the United States.

Once granted a K-1 visa, an individual can apply for permanent residence within the United States. A K-1 visa holder may also immediately apply for a work permit. Unmarried children and dependents of the K-1 holder can enter the United States with a K-2 visa.

How do I qualify for a K-1 Visa?

The U.S. citizen wishing to bring their fiancé to the United States must file for the K-1 visa on behalf of their fiancé. In order to qualify for a K-1 visa:

The K-1 visa holder must be entering the U.S. to marry a U.S. citizen
• The K-1 visa holder and the U.S. citizen must marry within 90 days
• The K-1 visa holder and the U.S. citizen must both be legally free to marry. For example, they cannot be currently married in another country.
• The K-1 visa holder and the U.S. citizen must have met each other in person at least once in the past two years. This requirement can, however, be waived in certain situations.

Generally, the U.S. citizen and their citizens must truly intend to marry and create a life together. The marriage cannot be for the sole purpose of obtaining the K-1 visa. Additionally, the U.S. citizen and the potential K-1 visa holder are already married or plan to marry outside the United States; a K-1 visa will not be granted.

If the U.S. citizen and the fiancé do not get married within 90 days, the K-1 expires and generally will not be granted again. If the marriage does not occur within the 90 days, the fiancé must leave the country, or they will be deported. If the U.S. citizen and the fiancé marry after the 90 day period, the fiancé may be able to obtain an alien relative visa status that allows them to stay in the United States.