What Are the Eligibility Requirements for Fiancé Visas? 

 Posted on March 14, 2023 in Immigration

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.

U.S Citizen Sponsor Requirements

The U.S. citizen partner who is sponsoring their foreign fiancé must be at least 18 years old, and they must have sufficient financial resources to support their foreign partner while the couple is living together in the United States. In addition, they must provide proof of their U.S. citizenship, which may include a valid passport, birth certificate, or naturalization certificate.

Foreign Partner Requirements

The foreign fiancé will need to provide proof of their identity, such as official government identification documents. They will also need to attend an interview with a consular officer at the U.S. embassy or consulate in the country where they are currently living. The officer will review their documents to ensure that they are eligible for immigration to the U.S. and that there are no reasons for inadmissibility. After a visa is approved, the foreign fiancé will come to a port of entry, where they will be inspected by customs officials. After they are approved for entry, they must get married to the U.S. citizen sponsor within 90 days.

Contact Our Smithfield Fiancé Visa Lawyers

Applying for a fiancé visa can be complicated, and a couple will need to make sure they meet all eligibility requirements. After a foreign fiancé comes to the U.S., and the couple gets married, a conditional Green Card will be issued. The couple will need to take steps to remove the conditions on the Green Card after two years, which will allow the foreign spouse to continue living in the United States. If you have any questions about the process of applying for a fiancé visa, Vasquez Law Firm, PLLC can provide you with guidance and representation, and we can ensure that you complete all of your requirements. Contact our Johnston County immigration attorneys at 1-844-YO-PELEO to schedule a free consultation today.

Sources:

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html