Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

What are the eligibility requirements for getting a fiancé visa?

On Behalf of | Dec 1, 2021 | Immigration |

When you live in Florida and plan to marry someone who comes from another nation, you may have an interest in securing a fiancé visa or a K-1 nonimmigrant visa. This is the first step involved in having your foreign-born fiancé comes to the United States permanently. K-2 visas allow foreign fiancés to bring their children with them, and K-3 visas allow foreign fiancés to reside in the U.S. while waiting for approval on  immigrant visa petitions.

According to U.S. Citizenship and Immigration Services, to get a K-1 fiancé visa, you must show that you and your romantic partner are seeking the visa because you share a genuine love and plan to marry. You may not apply for a visa simply to make it easier for your fiancé to come to the United States. Furthermore, you must be a U.S. citizen, free to marry, have proof of your relationship, any previous marriages must be terminated and you and your situation must also meet the following eligibility requirements.

You plan to marry within 90 days

Once your fiancé lands on U.S. soil, you must marry within 90 days. If you fail to do so, your fiancé’s presence in the United States becomes unlawful and he or she could face serious sanctions.

You have met in person before

Immigration rules also dictate that you must have met your fiancé in person at least once within the two years preceding the filing of your petition. There are several rare exceptions. If meeting in person would violate strict religious customs or cultural beliefs, or if it would result in extreme hardship to you, you may be able to circumvent this step.

Applying for a K-1 visa

You will want to follow the steps on the U.S. Citizenship and Immigration Services website, which include:

  • Petition for your fiancé with form I-29F, Petition for Alien Fiancé(e)
  • Your fiancé will apply for the K-1 nonimmigrant visa and bring required forms to their visa interview
  • They must pass inspection at a Port of Entry
  • You must marry within 90 days, and then your spouse can adjust their immigration status

K-1 nonimmigrant visas are not eligible for extension and terminate automatically at the 90-day mark. As a result, adhering to the 90-day marriage timeline is critical.



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