How to Obtain a Fiancé Visa for Entry into the U.S.
If you are a fiancé(e) of a United States citizen, you may be able to apply for a K-1 nonimmigrant visa. The visa, commonly referred to as a fiancé visa, permits you to enter the U.S. in order to marry your future spouse within 90 days. There are several requirements that you must meet to obtain a fiancé visa. To ensure your eligibility, you should speak with a Houston immigration lawyer.
At Fong Ilagan, we have decades of experience helping individuals immigrate to the United States. We know how difficult the journey can be for some people, which is why we strive to make it as easy and convenient as possible. Our lawyers are well-versed in handling complex cases and will not rest until our clients receive the best possible outcome in their cases.
What Is a Fiancé Visa?
A fiancé visa is a K-1 nonimmigrant visa available to foreign-citizen fiancé(e)s of United States citizens. The visa allows a foreign citizen fiancé(e) to enter the United States with the help of a sponsor (their intended U.S. citizen spouse).
However, they must marry their future spouse within 90 days of arriving in the country. Once the foreign citizen is legally married to their spouse, they can apply for adjustment of status to permanent resident.
What Are the Requirements for a Fiancé Visa?
In order to qualify for a fiancé visa, both you and your U.S. citizen spouse “must have been legally free to marry at the time the petition was filed.” You must also remain free to marry, and the marriage must be legally possible under state law.
Additionally, you must have met your future spouse in person within the past two years. There are exceptions to this rule, including that you were unable to meet due to extreme hardship or cultural reasons.
What Will Prevent Someone from Being Eligible for a Fiancé Visa?
According to the U.S. Department of State – Bureau of Consular Affairs, there are several conditions that may prevent you from being eligible for a fiancé visa.
Conditions that may prevent you from eligibility include but are not limited to:
- Drug trafficking
- Violating a prior visa
- Health-related grounds (i.e., having a communicable disease)
- Committing a crime involving moral turpitude
- Not having proper documentation
- Submitting fraudulent identification or documents
If you believe that you will be denied a fiancé visa because of ineligibility, you may be able to submit a waiver. It is in your best interest to consult with an immigration lawyer about your rights prior to applying for a visa or waiver.
Should I Hire an Immigration Lawyer?
If you are hoping to immigrate to the United States via a fiancé visa, you need to speak to an immigration lawyer. Without the help of a lawyer, your application can be denied. A simple error in paperwork can cost you significant amounts of time and money.
A Houston immigration lawyer can help ensure that the process goes as smoothly as possible. They can assist in making sure that your documents are filed promptly and that your rights are not violated. It is important to consult with a lawyer early to ensure that you do not waste your resources.
Filing a Fiancé Visa? Contact Our Houston Office.
Are you hoping to file an application for a fiancé visa? Contact us online or call (713) 772-2300 to speak directly with a knowledgeable member of our legal team. We can help you understand the process and ensure that your documents and proof of eligibility are filed correctly. Do not wait. Call our office today to get started.