Fiancé (K-1) visa

K-1 fiancé Visa The Immigration and Nationality Act (INA) provides a non-immigrant visa classification, K-1 fiancé Visa, for foreigners coming to the United States to marry U.S. citizens and reside in the U.S.

If your fiancé is living abroad, not a citizen or permanent resident of the United States, and you plan to get married in the United States, then you must file a visa petition with BCIS on his/her behalf. After the visa petition is approved, s/he must obtain the fiancé visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of him/her entering the United States. If the marriage does not take place within 90 days or your fiancé marries someone other than you, s/he will be required to leave the United States. Until the marriage takes place, your fiancé is considered a non-immigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé may not obtain an extension of the 90-day original non-immigrant admission.

If your fiancé intends to live and work permanently in the United States, s/he should apply to become a permanent resident after your marriage. (If your fiancé does not intend to become a permanent resident after your marriage, your fiancé/new spouse must leave the country within the 90-day original non-immigrant admission.)

Eligibility for the K-1 fiancé Visa:

U.S. citizens who will be getting married to a foreign national in the United States may petition for their fiancé. You and your fiancé must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met him/her in person within the last two years before filing for the visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or if the meeting requirement would create extreme hardship for you.

WARNING: DO NOT have your fiancé enter the U.S. with a visitor (B1/B2) visa if you intend to get married in the U.S. Such an action would be viewed as VISA FRAUD. Even if you did not know at the time s/he came to visit that you would decide to get married here in the U.S., getting married soon after his/her entry in B1/B2 status may be viewed as visa fraud!

You may also apply to bring your fiancee's unmarried children, who are under age 21, to the United States.

There are multitudinous immigration laws, federal statutes and regulations involved in applications for non-immigrant and immigrant visas. The legal process is complex and could result in the denial of a your visa if the application is not properly prepared. If the application is put together correctly and professionally by a qualified immigration attorney, the probability of achieving a successful result is greatly increased.

The Bócsi Law Firm can precisely and professionally prepare all of the necessary applications for you, providing you with security that the entire process goes smoothly, and relieving you of the stress and worry that often accompanies immigration legal procedures.

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