Fiancé(e) Visa, also known as K-1 Visa, is available to a foreign fiancé(e) of the U.S. citizen to come to the United States to get married. Coming to the United States on any other visa but with the intent to marry a U.S. citizen may be in violation of the immigration law.
For instance, if you are a citizen of the United States and you decide to marry a Russian woman, she must apply for a K-1 Visa to come to the United States to marry you. Even if your fiancé(e) has a valid tourist or business visa (B-1/B-2 visas), she may be denied entrance at the airport if the Officer determines that she has intent to get married in the United States.
That is why it is important to apply for a K-1 visa for your foreign fiancé(e) to avoid any problems in the future.
Keep in mind that a K-1 Visa is issued for 90 days, so you must marry your fiancé(e) before the visa expires. After the marriage, your fiancé(e) can adjust his/her status and obtain a Green Card without leaving the country.
In order to receive a K-1 visa for your foreign fiancé(e), the following requirement must be met:
- Both of you must be legally free to marry at the time the petition is filed and must remain so thereafter;
- The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place;
- In general, you must meet your fiancé(e) in person at least one time in the past two years (there are a few exceptions available to this rule).
In addition, you must proof your ability to financially support your fiancé(e), so he/she will not become a public charge in the U.S.
Your fiancé(e) may be ineligible to obtain a K-1 visa due to certain conditions and activities he/she may be involved in, such as drug trafficking, overstaying a previous visa, submitting fraudulent documents, etc. However, there may be a waiver available for your fiancé(e) to overcome this issues.
If you are interested in applying for a K-1 visa for your fiancé(e), please contact our office at (310) 933-4455 or complete the online contact form to schedule a consultation with a Los Angeles Immigration Attorney.