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How Does A Fiance Visa Work?

A Fiancé Visa, formally known as the K-1 Visa, is an important gateway for couples who wish to embark on their marital journey in the United States. This visa grants the foreign-citizen fiancé(e) of a U.S. citizen the opportunity to travel to the US to marry their sponsor within 90 days of arrival. This unique visa type intertwines both immigration and family law, embodying a symbol of unity and love within the confines of governmental regulation. In this blog, we will explore the ins and outs of a Fiancé Visa, providing a comprehensive understanding of its working, the application process, and common challenges faced by applicants. So whether you're a hopeful individual or simply interested in understanding immigration nuances, this blog will serve as your guide.

Who is Eligible For a Fiancé(e) Visa?

To bring your fiancé(e) to the United States on a fiancé(e) visa, you need to meet the following requirements:

  • You must be a U.S. citizen.
  • Both you and your fiancé(e) should have the intention of getting married within 90 days of their admission to the United States on a K-1 nonimmigrant visa.
  • Both you and your fiancé(e) are legally able to marry in the United States, meaning any previous marriages have been legally ended through divorce, death, or annulment.
  • Prior to filing your petition, you and your fiancé(e) should have met each other in person at least once within the 2-year period. However, it is possible to request a waiver of this in-person meeting requirement if you can demonstrate that meeting in person would either violate strict and long-established customs of your fiancé(e)'s foreign culture or social practice or result in extreme hardship for you as the U.S. citizen petitioner.

Process for Bringing Your Fiancé(e) to the United States

The process for bringing your fiancé(e) to the United States involves multiple entities, including US Citizenship and Immigration Services (USCIS), the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, thorough background and security checks may be conducted on both you and your fiancé(e). These checks encompass searching various databases for national security, criminal history, and other relevant information about you and your fiancé(e). These checks are carried out using fingerprints, names, or other biographic or biometric information.

The step-by-step process of bringing your fiance to the United States is as follows:

  • Step 1 - Form I-129F Petition for Fiancé(e) - USCIS
  • Step 2 - Form Ds-160 Visa Application - DOS
  • Step 3 - Inspection at a Port of Entry - CBP
  • Step 4 - Marriage
  • Step 5 - Adjustment of Status - USCIS

What if My Fiancé(e) Has Children?

If your fiancé(e) happens to have a child who is under 21 years old and is unmarried, then that child may have the opportunity to come to the United States by obtaining a K-2 nonimmigrant visa. It is required that you include the names of your fiancé(e)'s children on Form I-129F if you wish to bring them along to the United States. Moreover, it is important to note that the children must remain unmarried and under 21 years of age so that they can be admitted to the United States as K-2 nonimmigrants. They will have the option to travel with your fiancé(e), either at the same time or later on. However, it is important to mention that they are not allowed to travel to the U.S. before your fiancé(e) does.

In the event that you and your fiancé(e) decide to get married within 90 days after your fiancé(e) is admitted into the U.S., the children of your fiancé(e) who were admitted as K-2 nonimmigrants may also apply for a Green Card. They can do so by filing Form I-485 with USCIS. It is crucial to emphasize that in order for K-2 nonimmigrant children to be considered eligible for a Green Card, they must remain unmarried. Therefore, it is highly recommended that K-2 nonimmigrant children apply for a Green Card at the same time as you and your fiancé(e) or even after your fiancé(e) does.

Familia America Is Here For You

Determining the best pathway for you and your fiancé(e) to come together in the United States can be daunting. That's why Familia America is here to help. Our experienced legal team can guide you through the Fiancé Visa process, ensuring that all paperwork is properly prepared, documents are timely filed, and hearings are successfully attended. We strive to make the entire process as stress-free and efficient as possible, allowing you to focus on your journey ahead. Contact us today if you have any questions about how to bring your fiancé(e) to the United States. We look forward to helping you out!

Contact a Salt Lake City Fiancé Visa Attorney at Familia America Today

Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.

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