Fiance Visa Immigration Attorney
United States immigration law often allows a U.S. citizen who wants to marry a foreign national to bring their fiance to the United States for marriage. The K-1 visa category is the means by which you can legally bring your fiance to the United States for marriage.
To receive a free consultation with a Sacramento immigration attorney about the K-1 fiance visa call Agxibel Barajas at (916) 218-4123.
The K-1 visa allows your fiance to enter the United States for 90 days so that your marriage can take place in the United States. It is important to note that the marriage must take place within 90 days as the visa will automatically expire at that time and cannot be extended. After marriage an application for permanent residence can be made for your spouse.
Do You Qualify for a Fiance Visa?
The answer to this question requires legal advice from a licensed immigration attorney, but the general eligibility requirements are as follows:
- You are a U.S. citizen
- You and your foreign fiance intend to marry within 90 days of your fiance physically entering the United States
- You and your foreign fiance are both free to marry; and
- You and your foreign fiance have met each other within 2 years before filing the petition.
There are some exceptions to the requirement that you and your fiance meet in person. You may be eligible for a waiver with regard to this requirement if you can demonstrate that meeting your fiance in person would violate strict and established customs of you and your fiance’s culture or social practice. Furthermore, you may be eligible for a waiver if you can prove that the requirement would result in extreme hardship to you.
You foreign fiance’s children can also come to the United States for the ceremony. If the children are under 21 years of age and are not married they may be eligible for a K-2 visa. With an approved K-2 visa the children can attend school. After your marriage the children may be eligible for employment authorization.
To learn more about bringing your fiance to the United States for marriage call Sacramento immigration attorney Agxibel Barajas at (916) 218-4123.