You have decided to get married. Your fiancé, however, lives in a foreign country and you wish to get married in the United States. Your fiancé requires a K-1 visa to enter the United States.
How Does My Fiancé Acquire a K-1 Visa?
The Immigration and Nationality Act allows a U.S. citizen to petition the United States Citizenship and Immigration Services (USCIS) for their foreign fiancé to come to the United States to get married. Once the petition is approved by the USCIS, it is forwarded to the National Visa Center (NVC) who performs a background check on your fiancé. Once the background check is complete and the results are satisfactory, the NVC forwards the petition to the United States consulate nearest your fiancé’s foreign residence.
The United States consulate conducts an interview and issues the fiancé (K-1) visa allowing your fiancé to legally enter the United States. The United States consulate also issues a K-2 visa to any minor (under 21 and unmarried) children of your fiancé.
Upon issuance of the K-1 visa, your fiancé and any children must enter the United States within 6 months. After entry, your fiancé must marry you within 90 days. The 90 day period cannot be extended and your fiancé cannot marry a different U.S. citizen. If your fiancé does not marry you within 90 days of entry, then s/he and any children are required to depart the United States at the end of the 90 day period. Once you are married to your fiancé, s/he and any children can file an application for permanent residence with the USCIS allowing them to live permanently in the United States.
The fiancé visa process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining the fiancé visa as quickly as possible.