The United States is known for its melting pot culture. Millions of people living in the United States today have left their home countries abroad for various reasons, including, but not limited to, employment, education, and marriage. Getting married is a big step for anyone, and when United States citizens marry people from abroad, there is a strict process that must be followed for obtaining the proper documentation to enter the United States lawfully.
How To Obtain A Non-Immigrant K-1 Fiancé(e) Visa
If you have become engaged while your fiancé(e) is abroad, you will need your fiancé(e) to obtain a non-immigrant fiancé(e) visa. In order to do so, you, as the United States citizen, will need to submit a Form I-129F, which is a petition for Alien Fiancé(e). Along with submitting this petition, you will need to provide proof of the following to United States Citizenship and Immigration Services (USCIS):
- You, the petitioner, are in fact a United States citizen;
- You plan to marry your fiancé(e) within 90 days of him or her entering the United States;
- Both you and your fiancé(e) are legally allowed to marry, in that any previous marriages have been terminated; and
- You and your fiancé(e) have met in person at least once within 2 years of filing the I-129F petition
- There are two exceptions to this requirement:
- (1) if meeting with your fiancé(e) would violate strict customs of your religious, cultural, or social practice, then no meeting is required; and
- (2) if meeting with your fiancé(e) would result in extreme hardship to you, then no meeting is required
- There are two exceptions to this requirement:
The more documentation that you can provide USCIS with along with your I-129F petition, the easier it will be for your application to be processed. It is extremely important to adhere to all requirements, especially the requirement for marrying within 90 days of the non-citizen fiancé(e) entering the United States. Further, understanding that the fiancé(e) non-immigrant visa is somewhat of a temporary measure for lawfully entering the United States will help you be aware that the visa will expire after 90 days. The sooner you are married, the sooner you will be able to start the permanent residence (“green card”) process.
After you are married, the United States citizen spouse will have to apply for the non-citizen spouse to adjust his or her status based on marriage. A qualified immigration attorney can provide you with all of the information and assistance you need to apply for visas as well as an adjustment of status based on marriage. Think of the fiancé(e) visa as the first step, and the green card process as the second step. Unless your non-citizen spouse is already in the United States legally with a different visa, he or she will have to obtain a fiancé(e) visa before entering the United States.
Contact the Immigration Attorneys of Geygan & Geygan, Ltd. Today to Schedule a Free Consultation
If you are a United States citizen or non-citizen recently engaged to a citizen, you will need the assistance of an experienced immigration attorney to walk you through the process of applying for a fiancé(e) non-immigrant visa. The rules and regulations are very strict and applications will be rejected for even the smallest mistakes. The immigration attorneys of Geygan & Geygan, Ltd. have the experience and skill necessary to help you bring your fiancé to the United States with a lawful non-immigrant visa. We can also help you through the green card process once you have been married in the United States. To schedule your free consultation, contact Geygan & Geygan, Ltd. today at (513) 791-1673 to discuss your immigration matter.