If you’re a U.S. citizen with a fiancé(e) living abroad, or if you’re the fiancé(e) of a U.S. citizen, you may be eligible for a certain type of visa that remains valid for up to 90 days. (You don’t need to file for this type of visa if you’re already living in the U.S. or if you’re getting married outside the U.S.) For many people, working with a Wisconsin immigration lawyer streamlines the process.
What is a Fiancé(e) Visa?
A fiancé(e) visa allows a foreign national to come to the U.S. for up to 90 days, provided that the marriage will take place during that time. It’s actually a K-1 visa.
Who is Eligible for a K-1 Visa?
If you want to apply for a fiancé(e) visa, the petitioner must:
- Be a U.S. citizen
- Intend to get married within 90 days of your fiancé(e) entering the U.S.
- Be free to marry, with all previous marriages having been terminated by divorce, death, or annulment (and the same must be true for the person you’re marrying)
- Have met the other party in person at least once within two years, unless the requirement to meet would violate strict, long-established customs of your culture or social practices, or if you can prove that the requirement to meet would create an extreme hardship to you
Can Children Come to the U.S. on a K-1 Visa?
If your fiancé(e) has a child who’s under the age of 21 and who is unmarried, he or she may be eligible for a k-2 nonimmigrant visa.
What Happens When a K-1 Fiancé(e) Visa is Issued?
After the visa is issued, your fiancé(e) can come to the U.S. Once you’re married, your new spouse can apply for permanent residence (and he or she can remain in the U.S. while USCIS is processing the application).
Do You Need to Talk to a Wisconsin Immigration Lawyer About a K-1 Fiancé(e) Visa?
If you need to find out whether your intended spouse is eligible for a K-1 visa or you’d like an attorney’s help to start the process, call us right away at 414-383-6700. If it’s easier, you can also get in touch with one of our immigration lawyers online.