Fiance Visa Lawyer in Newark Guiding Clients Through the Process of Bringing Their Significant Other to the U.S. to Get Married

Getting married is a major life event for most people, but when you want to marry someone born outside the United States, your wedding plans will likely include more than just picking decorations and event venues – you will first need to have your fiance legally enter the country with a K-1 visa. Learn how a K-1 Fiance Visa application works and the role a lawyer can play in helping you and your fiance through the process.

How Does a Fiance Visa Work?

A fiance visa gives a U.S. Citizen the possibility of bringing their significant other to the United States in order to get married. However, the process of obtaining a K-1 visa and subsequent permanent resident status for a foreign fiance can be somewhat complex and require some time, effort, and a significant amount of paperwork.

A K-1 visa is considered a nonimmigrant visa that allows a foreign citizen to enter the United States in order to legally marry their U.S. Citizen fiance. This type of visa requires the two parties to have a legitimate relationship and get married with the intention of building a life together, meaning the marriage should not occur solely for the purpose of obtaining a green card. Once the couple is legally married, the K-1 visa holder may apply to receive permanent residence and a work permit.

K-1 Visa Requirements for Bringing Your Fiance to the U.S.

In order to bring your fiance to the U.S., you must be a U.S. Citizen, and both you and your foreign national fiance should intend to get married no more than 90 days after your fiance’s admission into the country on a K-1 visa. In addition, both parties must be legally free to get married, meaning you and your fiance have no legal impediments to getting married in the United States and that any previous marriages have been terminated by divorce, death, or annulment.

You are also required to have met your fiance in person at least once during the two years before you file for a fiance visa. This requirement may be waived if you can prove that doing so would result in extreme hardship to you as a U.S. Citizen or would violate your fiance’s long-established customs or culture of their country of origin. If your foreign fiance has unmarried children under 21, they may bring them to the United States on a K-2 visa and apply for a green card for the children after getting married.

What Happens After the 90-Day Period?

Fiance visas have a unique requirement – the person entering the U.S. on a K-1 visa is to marry their U.S. Citizen fiance within 90 days of being admitted at a port of entry. Failure to do so may mean the foreign citizen will be required to leave the United States after the 90-day deadline has expired.

K-1 and K-2 visas are considered nonimmigrant visas as they do not grant legal permanent residency status to visa holders. The only way for a K-1 visa holder to remain legally in the United States is to marry their U.S. Citizen fiance. If that does not happen and the foreign citizen does not leave the country after 90 days, they may be considered to be in violation of immigration law and may be placed in removal (deportation) proceedings.

If the marriage does occur during the 90-day period, the foreign citizen fiance may then apply to receive a green card. In addition, they may also request a temporary work permit that enables them to work while their green card application is pending.

Do You Need a Lawyer to Apply for a Fiance Visa?

There are several steps required from the time you initiate a fiance visa application to the time your now husband or wife can receive a permanent resident card. You are not required to have an attorney, but it may be very beneficial to choose to hire one. The Law Office of Elsy Segovia, P.C., has guided many couples through the fiance visa process, and we are ready to do the same for you. Contact our office in Newark, New Jersey, at (973) 622-7775 to learn more.