Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

When should you marry after obtaining a fiancé visa?

On Behalf of | Jun 30, 2022 | Immigration |

As an immigrant, your life in the United States probably does not feel complete without the love of your life being here to share it. The person you want to marry may still be in your home country. Fortunately, U.S. immigration law gives you a way to bring over your significant other through a fiancé visa.

If you want to obtain a fiancé visa, also known as a K-1 nonimmigrant visa, you must plan to marry your fiancé within a certain time frame. Otherwise, your loved one may not be able to remain in the United States when the visa expires.

When to set a wedding date

Timing is crucial for your K-1 visa to be effective. You must plan to marry your fiancé no later than 90 days once your fiancé arrives in the United States. In the event you and your fiancé do not go through with the marriage within this time frame, your fiancé will have to leave the U.S. barring a change of circumstances.

This applies to any children that come with your fiancé if they are younger than 21 years old and are not married. You may have helped them come to the U.S. through K-2 immigration visas if you have listed them on the Form I-129F you filed to obtain the K-1 visa. In the event the marriage does not happen, they may have to leave the country along with your fiancé.

Your fiancé may immigrate at a later date

All hope is not lost if you cannot go through with the marriage within the 90-day time period. You may marry your fiancé later on and then apply for a Form I-130. Your new spouse can apply for a Green Card and become a permanent resident of the U.S. on the basis of your marriage. Learn about your options in advance so you can pursue the easiest avenue to establish a family in the United States.



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