Learning more about fiancée visas

On Behalf of | Sep 6, 2021 | Family Immigration

Some Pennsylvanians who are U.S. citizens fall in love with foreign nationals and want to marry them. The government has a special class of non-immigrant visas that are designed for foreign fiancé(e)s called K-1 visas. The U.S. citizen is required to file the petition on behalf of his or her foreign fiancée or fiancé. There are several requirements before people will be eligible for K-1 visas.

Eligibility for K-1 visas

To be eligible for a K-1 visa, the petitioner must be a U.S. citizen. The couple must intend to get married within 90 days of when the foreign fiancé or fiancée enters the country with a K-1 visa, and the relationship must be bona fide. The couple must have met each other in person at least once within the two years before the petition is filed unless doing so would violate a custom or tradition or would create an undue hardship on the U.S. citizen. Finally, both parties must be legally free to marry.

Unmarried children who are under the age of 21 might be eligible to enter the U.S. with their parents on derivative K-2 visas. Once the foreign fiancé or fiancée enters the U.S., he or she can immediately apply for work authorization. The couple must get married within 90 days of the foreign national’s entry. If they do not, the foreign national might be subject to deportation proceedings. Once the couple is married, the foreign spouse can then apply for a green card.

K-1 nonimmigrant visas allow U.S. citizens to bring their foreign national fiancés or fiancées into the country to get married. People should be aware that the U.S. Customs and Immigration Service will closely examine their relationships to determine whether they are valid. If the USCIS determines that a relationship is not bona fide, the foreign national might be deported.

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