If you are dating someone who lives in another country and you plan to get married, you’ll probably want to know more about the K-1 visa. Often called a “fiancé visa,” this document allows someone who wants to marry an American citizen to come to America. There are many rules about who can qualify and stay in the country, so you’ll want to talk to our Fairfax County fiancée visa lawyers.
How Can Someone Get a Fiancé Visa?
You can get a K-1 visa if you are planning to marry an American citizen and that marriage is happening within 90 days. It’s only possible to enter the United States with this kind of visa once.
The American citizen filing the application and the foreign national have to have met in person and there has to be a clear intention to marry. This isn’t a case where you can just bring over someone that you’ve been dating long-distance and see where things go. This needs to be taken seriously.
It is also necessary to show that you are both legally able to get married. If you and your fiancé have previous marriages, they must have ended by divorce, annulment, or death.
Can Someone With a Fiancé Visa Bring Over More Family Members?
In some cases, yes. Someone who successfully petitions for a fiancé visa may be able to bring their minor children with them. Instead of getting a K-1 visa, these children would receive K-2 visa status. Any children over the age of 21 cannot secure a visa or green card in this way. A child who has not yet reached the age of 21 but has been married is also ineligible for this type of visa.
Can You Work With a Fiancé Visa?
Technically yes, but you would need to obtain an Employment Authorization Document first. Processing applications for these documents can often take more than 90 days, which is obviously an issue. In many cases, it’s easier to apply for your EAD after your married and while you’re also applying for your green card.
What Happens When I Get Married?
Once the holder of a fiancé visa has married the person who filled out their K-1 petition, they can receive green card status. This is why the application process for this particular type of visa can seem so stringent. Green card status is quite desirable, and immigration authorities are going to want to make sure that someone isn’t just using someone to get a green card or colluding with an American citizen to gain this status.
Any children who came over on K-2 visas can also apply for green card status. Once you have married within the 90 days allotted to you, your fiancé and any children with K-2 visa status can apply for a green card.
Contact Our Immigration Attorneys
If you want to learn more about this type of visa, we can help. Contact Goel & Anderson to schedule a consultation with our experienced team. We can answer any questions that you have about immigration.
