If you are a fiancé of a United States Citizen and/or are entering the United States solely to marry, you will be eligible for a fiancé(e) K-1 Visa. A K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and with the intention of marry his or her U.S. citizen sponsor within 90 days of arrival.
The foreign-citizen will be able apply for adjustment of status to a permanent resident with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.
Fiancé Visa Requirements
The following are some of basic requirements one has to meet obtain a Fiancé visa:
- The fiancé must be a U.S. citizen
- The fiancé must have an income sufficient to satisfy the fiance visa affidavit of support
- The fiancé and beneficiary have met each other within the two years preceding the filing
- The fiancé and beneficiary must currently be free to marry
- The fiancé and beneficiary must be willing and able to marry each other within 90 days of the fiance(e)’s arrival in the United States
If we didn’t marry within 90 days, what can we do?
Unfortunately a fiancé status expires within 90 days. There are no exceptions and it will not be allowed to be extended. If you do not marry within 90 days, your fiancé should probably leave the United States as she/he will be illegally staying if she/he surpasses the given 90 days. She/he could be deported, or be negatively affected in the future in regards to U.S. immigration.
Getting a K-1 visa can be a complicated process, and it is extremely important to work with an experienced immigration lawyer to help you through the process.