At Klinke Immigration, LLC our seasoned lawyers are committed to helping immigrants obtain the green cards they need to enter the United States. One question we are commonly asked by clients who are engaged to foreigners is: how do I bring my fiancé to the U.S. so we can start our new life together? Here is what you need to know if you plan to marry someone who lives outside the U.S.:
K-1 Visa Process & Eligibility Requirements
You will need a K-1 visa if you are engaged and want to have your wedding here in the states. However, the K-1 visa is not the same thing as a marriage visa. To get help obtaining a marriage-based green card, consult with our experienced immigration lawyers to discuss your situation.
If you plan to live with your fiancé in the U.S., you will have to meet the following criteria:
- You must be a U.S. citizen.
- You must intend to marry your fiancé within 90 days of their entry into the U.S. under a K-1 visa.
- Both you and your fiancé must be legally free to marry. This means any previous marriages must be terminated through divorce, death, or annulment.
- You must prove you have met with your fiancé in person at least once within the last two years before you can file a K-1 petition.
The in-person meeting requirement can be waived if you can show it would:
- Violate you’re fiancé’s cultural customs and practices.
- Cause extreme hardship for you
Here is what you and your fiancé must do when applying for a K-1 fiancé visa:
- You have to complete and submit Form I-129F and pay the $535 filing fee.
- If your petition is approved, your paperwork will be sent to the closest U.S. embassy or consulate near your fiancé.
- Your finance must complete and submit Form DS-160 and pay the $265 visa fee.
- An interview for your finance will be scheduled at the U.S. embassy or consulate.
- If your fiancé passes the interview, they will receive a visa stamp on their passport. They must use the passport to enter the U.S. within 6 months.
After you complete the process above, which generally takes 7 months, you will need to get married within 90 days of arriving in the country and filing Form I-485. You also have to pay a filing fee and biometric fingerprinting fee. If your fiancé has plans to travel to or work in another country while your application is still pending, they must file a petition for a work permit and travel permit.
We Are Here to Guide You Through the Immigration Process
Klinke Immigration, LLC is here to provide you with the comprehensive immigration services you need to protect your rights and interests. From filing your paperwork to helping you prepare for interview questions, we will stand by your side each step of the way. Let us devise a strong legal strategy for you today.
To speak to an immigration lawyer at Klinke Immigration, LLC, call (678) 496-2990 today to request your consultation.