If you are a citizen of the United States that is engaged to a non-citizen, you are likely taking the next step in applying for a fiancé visa, otherwise known as a K-1 visa. It is important to follow the application rules with exactness and efficiency, as this is a precise and time-sensitive process, and employ a seasoned Lyndhurst fiancé visa attorney at the Law Offices of Salvatore A. Falletta, LLC, that can help you navigate it.
Is my fiancé eligible to receive a K-1 visa?
For your fiancé to be eligible for a K-1 visa, you must be a United States citizen and demonstrate that you intend to marry within 90 days of your fiancé’s entry into the country. The following are additional criteria:
- You must present proof that you met your fiancé at least two years before filing unless the meeting would violate a long-established custom or the meeting would result in extreme hardship. This can be proven with photos, videos, text messages, or emails.
- You must present proof that after your fiancé enters the United States, they will not become a public charge. This is done by proving that your income meets or exceeds 100% of the United States poverty guidelines.
- Your fiancé must attend an interview, background check, and medical examination.
If you complete the applications to their fullest and schedule the necessary appointments, this process can be completed in about 8 months.
What happens if I do not get married within 90 days of my fiancé’s entry to the United States?
According to federal law, you will have to marry within 90 days of your fiancé’s entry to the United States. Failure to do so will require your fiancé to leave within 30 days of the time provided. Once you are married, your fiancé can apply for an adjustment of status and start the process that will lead them on the path toward naturalization.
However, if you did marry within 90 days, but divorced soon after, your fiancé has the option to pursue a green card without your assistance. This is rarely guaranteed, as it may be determined that your fiancé’s intention of marrying was to gain entry into the United States.
If you have any further questions regarding the application process, do not hesitate in reaching out to our notable Lyndhurst family & individual immigration law firm today.
Contact our experienced New Jersey firm
We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.