Natty Shafer Law

Utah lawyer for criminal and immigration cases

K-1 Visas for Fiancé(e)s

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These days, it has become more common for two people from different countries to meet and become engaged. With the internet, messageboards, dating services, or travel, two people from different parts of the world can form lasting relationships and even marry. If one of the people is a United States citizen, the K-1 visa is likely to be of interest.

A K-1 or fiancé visa is a nonimmigrant visa that allows a fiancé or fiancée of a United States citizen to enter the country. A K-1 visa requires an immigrant to marry his or her U.S. citizen petitioner within 90 days of entry. After the marriage, the foreign citizen can adjust their status to become a lawful permanent resident. If a K-1 visa holder does not marry the petitioner within 90 days of entry, the immigrant must depart the United States. Unfortunately, such immigrants cannot adjust their status using other criteria and must depart the United States before reentering.

The majority of K-1 visas are granted, which makes the K-1 visa a good option for immigrants who meets the criteria. The U.S. citizen petitioner must file the I-129F form for the immigrant. Upon the immigrant’s entry into the United States, the couple has 90 days to marry and file an adjustment of status. Once the I-129F is issued, you have four months to make all travel arrangements and make the entry into the United States.

Both the petitioner and the fiancé(e) must be eligible to be lawfully married in the state of residence of the petitioner, which means that everyone must be either unmarried or have had their marriages legally ended through divorce, annulment, or death. Also, the couple must have met in person at least once during the two years before filing the petition (unless there is a strong religious or cultural reason, which might allow for a waiver). Finally, the petitioner must be able to prove they can financially support their future spouse.

Author: Natty Shafer

Attorney practicing immigration and criminal law

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