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How can I help my fiancée immigrate if her K-1 visa expires?

On Behalf of | Sep 9, 2022 | Visas |

Through a K-1 visa, commonly known as a fiancé visa, you may attain your dream of bringing your loved one from her home country to the United States where you can marry and begin your life together. However, a K-1 visa requires the two of you to marry within 90 days, or your fiancée cannot stay in the country.

In the event unexpected events do not allow you to marry in 90 days, the USCIS explains that you may still be able to secure U.S. residency for your fiancée after marrying her, but it will require some important steps to help ensure success.

Leaving the country when required

Under U.S. immigration law, a fiancé or fiancée under a K-1 visa cannot seek an extension of the 90-day time period. This means your fiancée and any children who accompanied your loved one will have to depart the U.S. or they will violate immigration law. This might make it harder for them to come back in the future.

File a Form I-130 after the wedding

At some point, you may go abroad and marry your fiancée. Now that the two of you are in a legal marriage, you can apply for residency for your spouse through Form I-130. Once the government approves the application, your spouse may petition for a Green Card on the basis of marriage to you.

Typically, the U.S. government will admit foreign spouses into the country provided the marriage is in good faith, so you may need to answer some questions regarding your relationship. Nonetheless, U.S. immigration law has family unity as a goal, so even if a K-1 visa does not work out, you can explore other legal options for your family.


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