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husband wife wedding

What You Should Know About the K-1 a.k.a The Fiancé Visa

What is a Fiancé Visa?

Love knows no borders.  If you travel to another country and meet the love of your life, you may just be able to wed the love of your life in the United States and even change the immigration status of your future Mr. or Mrs.  Fiancés who meet certain requirements may be able to obtain a fiancé visa, or a K-1, which can allow them to marry and live in the United States.

What are the Requirements of a K-1 Visa?

Like all visas, applicants must meet certain requirements to receive the visa.  Those requirements include:

  • The petitioner must be a citizen of the United States;
  • You must intend to marry within 90 days of entry into the United States;
  • You must provide evidence that you met your fiancé at least one time within two years prior to the filing of the K-1 application.

There are some instances in which the requirement to have met the fiancé at least one time within two years prior to filing could be waived.  Two common circumstances that can make the meeting requirement difficult are:

  • if the meeting would violate a long-established custom; or
  • if there is a serious medical condition that prohibited the couple from traveling to be together.

Simply stating that the meeting would violate a custom or there were medical conditions that prohibited the couple for meeting would not be enough for USCIS to overlook the requirement.  It is very likely that the couple would be required to provide the appropriate documentation.

If you are looking to apply for a K-1 Visa for your loved one, you should consult with an immigration attorney.  An experienced immigration attorney can answer your questions and guide you through the K-1 application process.

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