When a foreign-born individual becomes engaged to a U.S. citizen, they need a K-1 nonimmigrant visa, also known as a fiancé(e) visa, to enter the country and get married. If this describes your situation, you need to learn more to avoid mistakes that may affect your eligibility for this visa or to become a legal permanent resident afterward.
Here is what those planning to move to the U.S. to get married should know about the K-1 nonimmigrant visa.
90-day visa
You should intend to marry your fiancé(e) within 90 days after you are admitted to the U.S. After the union, you can apply for a green card.
If you and your fiancé don’t get married within 90 days, you will need to leave the country, as your visa will have expired. Note that this can affect your future ability to enter the U.S. Thus, it’s crucial to be well-prepared before applying for the visa.
A legal marriage
You and your fiancé(e) must be able to legally marry in the U.S. Therefore, if either of you was married before, the marriage should have been legally terminated by divorce, annulment or death.
In-person meeting
It’s a requirement for those applying for the K-1 nonimmigrant visa to have met in person at least once within the two years preceding the filing of the petition. The evidence you can use to prove this includes:
- Photos of you together
- Travel itineraries of trips taken together
- Flight bookings or hotel confirmations
- Evidence of joint purchases
- Records of communication
- Letters from loved ones detailing their interactions and observations of the relationship
If meeting your spouse in person would have violated the strict and long-established customs of a foreign culture/social practice or resulted in extreme hardship to you, consider requesting a waiver of the in-person meeting requirement.
The fiancé(e) visa allows partners to get married before they can start other immigration applications. Having experienced legal guidance can help avoid unnecessary difficulties.