Fiance Visas - Carlos Gamino

By Carlos Gamino

If you’re a U.S. citizen, you may be able to bring your foreign fiancé to the U.S. so you can get married – but to do so, you’ll have to petition the U.S. Citizenship and Immigration Services for a visa on his or her behalf. Working with a Milwaukee immigration lawyer can help smooth out the process and make it a little less stressful so you’re free to focus on planning your wedding.

What is a Fiancé Visa?

A fiancé visa, which is technically a K-1 nonimmigrant visa, is a way for you to bring your future spouse to the U.S. and remain here until you’re married. After you get married, your spouse can change his or her status with USCIS by applying for lawful permanent resident status; that gets your new spouse a green card.

Conditions of a Fiancé Visa

If you want to get a K-1 nonimmigrant visa, you must intend to marry your soon-to-be spouse within 90 days of his or her admittance to the U.S. You also have to be ready to show that your marriage is valid. That means you really intend to establish a life together and that you’re not only getting married so he or she can immigrate here legally.

Eligibility for a Fiancé Visa

You’re only eligible to bring your fiancé to the U.S. on a K-1 nonimmigrant visa if:

  • You’re already a U.S. citizen
  • You plan to get married within 90 days
  • You’re both legally free to marry
  • You’ve met each other in person at least once within the 2 years prior to filing your petition

You don’t have to have met each other in person if it would violate strict, long-established customs of your fiancé(e)’s foreign culture or social practices, or if it would result in extreme hardship to you. In cases like those, you can request a waiver from USCIS.

Do You Need to Talk to an Immigration Lawyer About a Fiancé Visa?

For many people, it’s easier to work with a Milwaukee immigration attorney than it is to apply for a K-1 nonimmigrant visa alone. If you’d like help, we’re here – just call us at 414-383-6700 or schedule a consultation with a lawyer online.

Carlos Gamino