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A K-1 non-immigrant visa is used to bring a fiancé to the United States.

 

In order to obtain a K-1 fiancé visa, you and your fiancé must intend to marry each other within 90 days of your fiancé entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. Since 2015, same-sex spouses of U.S. citizens and lawful permanent residents, along with their minor children, are eligible for the same immigration benefits as opposite-sex spouse.

 

If your fiancé marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card).

 

If you have already married, plan to marry outside the United States, or your fiancé is already residing legally in the United States, your spouse or fiancé is not eligible for a fiancé visa.

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé’s work authorization is valid for only 90 days after his or her entry into the U.S.


 

Eligibility Criteria

You may be eligible to bring your fiancé to the United States on a fiancé visa if you meet the following requirements:

 

You are a U.S. citizen;

  • You and your fiancé intend to marry one another within 90 days of your fiancé’s admission to the United States on a K-1 nonimmigrant visa;

  • You and your fiancé are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and

  • You and your fiancé met each other in person at least once within the 2-year period before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person would:

    • Violate strict and long-established customs of your fiancé’s foreign culture or social practice; or

    • Result in extreme hardship to you, the U.S. citizen petitioner.

 

Contact us to discuss your situation and see if the K-1 visa is appropriate to your needs.

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