Get Help Handling the K-1 Fiance Visa Process
For the biggest event of your life, make sure the process is as smooth as possible. Hire a fiance visa lawyer to handle all the details and lead you every step of the way.
Is a K-1 Fiance Visa the Best Choice?
You definitely want to first confirm that the K-1 is the best option for you and your special someone. Depending on your unique situation, you may want or need to get married outside the U.S. If that's the case, then you'd most likely file for a K-3 visa for your foreign-citizen spouse (which the government often will turn into an IR1 or CR1 immigrant visa). Overall, the K-1 visa is truly the best option for many couples but you definitely want to make an informed decision at the very beginning that this is the path you should take.
Or Maybe I Could Marry My Fiance on a Tourist Visa?
Many couples are understandably tempted to try avoiding the long wait time that comes with a K-1 or K-3 visa. After you decide to get married, it's painful to consider being separated for many months while the government processes your case! So why not just get married when your fiance is visiting on, for example, a B-2 visa? This decision can have terrible consequences for you both because the government may determine that your fiance committed visa fraud when she entered on a visitor visa. If your foreign fiance is shown to have had "immigrant intent" when she came in on her tourist visa, she could be prevented from obtaining a green card and face other serious problems.
Key Requirements for a K-1 Visa
Here are the main criteria you need to meet:
- Only U.S. citizens can apply for K-1 visas for their fiances. Legal permanent residents (green card holders) are unable to file for a K-1 visa.
- The fiance must be living outside the U.S. to qualify for a K-1 visa.
- Both must be legally free to marry (in other words you are single or can document that any prior marriages have ended).
- You must have met each other at least once in the past two years (though certain exceptions apply if, for example, there are cultural or religious reasons for not meeting first or it would result in extreme hardship).
- The U.S. citizen must demonstrate he or she can financially support the fiance.
- The U.S. citizen must disclose any past crimes and a waiver may be necessary.
- After the fiance has entered on a K-1 visa, the marriage must occur within 90 days.
We Can Help You
We invite you to give us a call to discuss if a K-1 visa is the right choice for you and your fiance. The process, as you know, is complex and having an expert handle the paperwork and guide you from the beginning to end is a worthwhile investment. Contact us now to get started!