United States Fiance Visa

United States Fiance VisaUnder Current Immigration Laws- U.S. citizen (Petitioners) wishing to bring a foreign national fiancé(e) living abroad to the United States to marry may file a petition for a K1 United States Fiance Visa.

Consular processing time for a K1 Fiance Visa is between 90 days to a 6-month period.

Valid for a period of 90 days, if granted, the visa allows your fiance to enter the United States so that your marriage ceremony can take place.

After the marriage, your spouse must apply for legal permanent residence and remain in the United States while USCIS processes the application.

 

Eligibility For A United States Fiance Visa

In order to qualify for a Fiance Visa, Petitioner must show:

  1. Petitioner is a U.S. citizen;
  2. Petitioner intends to marry Fiancé(e) within 90 days of his/her entry in the United States;
  3. Both Petitioner and Fiancé(e) are free to marry and must submit documentation of legal termination of any previous marriages- such as, termination by divorce, death, or annulment; and
  4. Petitioner and Fiancé(e) must prove that they personally met each other at least once within 2 years of filing the petition.

 

 The Personal Meeting Exceptions

There are two exceptions to the personal meeting requirement that require a waiver:

  1. If the requirement to meet would violate strict and long-established customs of either Petitioner or Fiancé(e)’ foreign culture or social practice; or
  2. If personal meeting requirement would result in extreme hardship to Petitioner.

 

After Issuance of the Fiance Visa

Once issued, the visa allows your fiance to enter the United States for 90 days so that your marriage ceremony can take place.

After the marriage, your spouse must apply for legal permanent residence and remain in the United States while USCIS processes the application.

 

Work Permit and Extensions

Your fiance may immediately apply for permission to work, which if issued, is valid for only 90 days after entry.

An extended work authorization may be requested upon filing for legal permanent residence after the marriage.

 

Automatic Expiration of United States Fiance Visa

Please be advised the fiance status automatically expires after 90 days and cannot be extended.

If the marriage fails to take place- your fiance must depart the United States upon expiration of the visa to avoid being in violation of U.S. immigration laws. Such violation may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

United States Fiance Visa References

www.uscis.gov

www.state.gov

www.immigration.yolettemsaintinylaw.com/diaspora-immigration-lawyer

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Written by Yolette M. Saintiny, Esq.

Immigration, Real Estate & Family Lawyer Yolette M. Saintiny, Esq., is a member in good standing of the New York state bar, second judicial department since 1995.   Yolette, a zealous attorney and serial entrepreneur has cumulative legal experience in both the for-profit and not-for-profit sectors where she has dedicated her legal knowledge to assisting immigrants in receiving Benefits under current immigration laws; along with seeking legal redress for victims of abuse.   For Legal Services Contact attorney Yolette M. Saintiny in Brooklyn & Manhattan at (800) 691-2949; (347) 955-1515 or direct your written inquiries via email.

Website: http://yolettemsaintinylaw.com/

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