If you are an American resident who wishes to bring your foreign fiancé(e) to the United States, you will need to follow a certain process in order for your marriage to be legally valid. If you are eligible for the K-1 visa, then you and your fiancé will need to marry each other within 90 days of his or her entry into the country. The process of obtaining this type of visa shouldn’t be difficult as long as you and your future spouse understand the legal process.
What Are the Eligibility Requirements for a K-1 Visa?
You can be eligible to bring your fiancé(e) to the United States if you meet a certain number of requirements:
- You are a legal U.S. citizen
- You intend to get married to one another within 90 days of your fiancé(e)’s admission to the country on a valid K-1 nonimmigrant visa
- You are both legally free to marry (you can both marry in the U.S. and all past divorces or annulments have been terminated)
- You both have met in person at least once within the 2-year period before you file your visa petition. You can request a waiver for this if you can prove there are strict customs prohibiting this meeting in your fiancé(e)’s foreign culture and/or it is too difficult for you to make the meetings as a U.S. citizen.
Once you know you are eligible, then you can file your K-1 visa petition with the United States Citizenship and Immigration Services, or USCIS. Once it is approved, the USCIS will move it forward to the US Embassy or Consulate. Keep in mind that if you both get married within 90 days of your fiancé(e) being admitted to the U.S. as a K-1 nonimmigrant, then he or she can obtain a green card.
There are many documents and forms that will also need to be filled out and submitted along with your petition, such as a Form I-129F and Petition for Alien Fiancé(e). Contact the Law Office of Sweta Khandelwal so we can assist you with these documents and answer any questions you have about the K-1 visa.