For many immigrants, the United States represents a place of opportunity and the ability to be together with their loved ones. The visa system in the U.S. provides a number of ways that people from other countries can receive authorization to enter the country and live here permanently. One such visa is the fiancé visa, or K-1 nonimmigrant visa, which may be available for a foreign citizen who wishes to marry a U.S. citizen. If you are thinking about applying for a fiancé visa, it is important to understand all the eligibility requirements that will apply to both the immigrant fiancé and the U.S. citizen sponsor.
Eligible Relationship Status
The first requirement for eligibility for a fiancé visa is that the couple must be legally able to get married after the foreign citizen enters the United States. This means that both partners must meet all legal requirements for marriage in the state where the marriage will take place. That is, they must meet the applicable age requirements, and they must not be currently married. If they had been married in the past, they will need to show that the marriage has been legally terminated, which may be done by providing a copy of a divorce decree or the death certificate for a deceased spouse.
To demonstrate that they are getting married for valid reasons, the couple will usually need to show that they have met in person at some point within two years before applying for a K-1 visa. This meeting may have taken place in the United States or another country. In some cases, exceptions to this requirement may be available, although they must usually be based on long-standing customs. For example, if a couple is entering into an arranged marriage, and the practices that are often followed in the foreign fiancé's country do not involve a face-to-face meeting beforehand, a fiancé visa may be granted without the need to fulfill this requirement. Exemptions may also be available if the requirement to travel outside the United States to meet a fiancé would involve extreme hardship for a U.S. citizen.
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