If you are the fiancé of an American who currently lives abroad and wishes to obtain a visa to come to the U.S. to marry, you must file first for a special fiancé visa, and then after your marriage, you may file for an adjustment of status to become a permanent resident to obtain a green card.
If you obtain a fiancé visa, you are not required to intend to live permanently in the United states. You can choose whether you want to continue residing in the U.S. after marriage.
You are eligible for a Fiancé Visa if you intend to marry a U.S. citizen whom you've met within the last two years and are legally able to marry (not currently married). You must be able to prove these requirements through documentation. If the alien fiancé has children under the age of 21, they may also be eligible to immigrate to the U.S.
In order to be eligible for a k-1 Fiancé Visa, the requirements are:
Also, it is required that you are legally able to marry. for example you must be the proper age and you must not be married to another person.
It may take six months to get the fiancé visa and then another year after your marriage before you receive a permanent visa.
Obtaining a K-1 Fiancé Visa is a long process and can take a long period of time. The multi-step process includes the U.S citizen filing a petition to the USCIS for approval. Then the foreign fiancé will have to provide additional documentation to the local US embassy in his/her country, and attend a medical exam and visa interview.
Immigration laws and the procedures for legal residency can be very complicated, particularly if English is not your native language. An immigration lawyer can make insure your application is accurate and complete which may expedite the process. An attorneymay also aid in your appeal should your application be denied.
Last Modified: 05-29-2018 02:51 AM PDTLaw Library Disclaimer
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