If you are a United States Citizen, you may legally petition for your fiancé(e) living abroad. The fiancé(e) visa is also commonly known as the K-1 visa. With such a visa, your loved one will be able to enter the United States in order to legally marry you, after which he/she would then be eligible to file for permanent residence through the adjustment of status process. For couples who desire to marry within the United States as opposed to in a foreign country, this is definitely a visa to consider.
Some Basic Requirements
The K-1 petition is filed on Form I-129F and accompanied by Forms G-325A, photos, statements, filing fee, and the appropriate civil documents including birth certificates, any previous divorce decrees, death certificates (of previous spouses), and proof of U.S. citizenship if the petitioner is not a natural born citizen. In addition, the couple must legally establish:
- That they are in a bona fide relationship, not entered into for immigration purposes or to evade the immigration laws
- That they have met and seen each other within the past two years (subject to certain exceptions)
- Are legally free to marry
- Will marry within 90 days of the fiancé(e)’s arrival in the US
Benefits of Legal Representation
As New Jersey fiancé(e) attorneys who have handled these cases for over 17 years, we are familiar with and know what potential pitfalls to avoid that can complicate your matter. There is a big difference between knowing what is expected to be filed and putting together a great package that is approved without delay. In addition, we can help you evaluate whether the fiancé(e) visa is the best option or whether it makes more sense to file for a spouse visa. In certain cases, there are many legal issues that are not widely known regarding fiancé(e) visa petitions that could affect your case including compliance with the International Marriage Broker Regulation Act, also known as IMBRA. IMBRA filing limitations may apply if you have met your fiancé(e) through a marriage broker, previously filed for a K-1 visa for somebody, or been convicted of violent crimes. To schedule a consultation, please call our office or email us for more information.