Is your significant other a U.S. citizen? Are you planning to get married? If so, keep reading to see the benefits of a Fiancé visa and the Marriage visa.
K-1 Visa
Let’s start with the Fiancé visa, known as the K-1 nonimmigrant visa, which is for unmarried international couples seeking to get married. To be able to apply, you and your fiancé must meet certain requirements:
- Your Fiancé must be a U.S. citizen
- Must intend to marry within 90 days
- You both want to go to the United States to get married in the next 90 days
You and your Fiancé must have evidence that proves you have a real relationship and that you are not just getting married to obtain an immigration benefit. There are different ways you can prove the good faith of your marriage; like photographs, passport stamps, correspondence.
Other requirements include:
- Being legally free to marry: Meaning you both are legally able to marry in the United States. Any previous marriages have been terminated. It is very important that if you had a divorce or an annulment, the matter has been closed and recognized legally.
- You and your fiancé met each other in person at least once within the 2 years before you file your petition. You may request a waiver of this in-person meeting requirement if you can show that meeting in person violates strict and long-established customs of your culture.
Eligibility for Adjustment of Status
To be eligible for adjustment of status, your fiancé must meet all the following requirements:
Be in possession of a valid immigrant visa that was issued at least 30 days prior to filing the application;
Have been physically present in the United States on December 21, 2000, the day the petition was filed;
Not have applied for any public benefits under the Supplemental Nutrition Assistance Program.
Marriage-Based Green Card
Your fiancé must be able to support himself or herself while waiting for approval of the I-129 petition.
In order to qualify for a fiancé visa you must file an I-129 petition with USCIS before the day you arrive in the US. It takes approximately six months for USCIS to review your petition and make a decision. Once approved, the fiancé visa allows the foreign spouse to enter the United States and remain until he or she marries the U.S. Citizen.
In addition to meeting the above requirements, the U.S. Citizen Partner must file an I-129 Petition along with the Fiancee Application Form to initiate the fiancé visa process.
A few things to note before starting your application:
Your fiancé needs to be able to travel to the United States within 30 days of the date he or she files the I-129 Petition. Otherwise, the fiancé may not be allowed into the United States.
