Who Is Eligible for a Fiancé Visa?

 Posted on June 27, 2022 in Immigration

If you are a United States citizen and are engaged to marry a foreign national, you may be able to obtain a K-1 immigrant visa for your fiancé. These “fiancé visas” are designed to help Americans legally bring their fiancé to the United States to get married and live together permanently. To obtain a K-1 visa, there are a few requirements you and your fiancé must meet. These requirements are intended to make sure that the intended marriage is not a sham or forced.

Understanding these requirements can help you decide whether this is the best possible route to getting your significant other a U.S. visa or whether there may be a better path. The immigration process can take some time, and it is often not easy. One of our attorneys can help by guiding you through each step of this frequently challenging process.

What Are the Requirements for a K-1 Visa?

To be eligible for a fiancé visa, you and your spouse-to-be must meet all of the following requirements:

• Citizenship - One of you must be a U.S. citizen.
• Prompt marriage - You must have plans to marry within 90 days of their arrival in the U.S.
• Marriageable - You must be legally eligible to marry in the U.S. If one of you was previously married, including being married in a different country, that marriage must be legally ended.
• In-person meeting - You and your fiancé must have met in person within the last two years. This requirement can be waived if travel would cause extreme hardship or if meeting before your wedding day would violate your cultural or religious requirements.
• Legitimacy - You must be able to show that your relationship is genuine. Sham marriages for the purposes of obtaining a visa are not uncommon, so you will be asked to show that this is not the case.
• Finances - It is important that you and your new spouse will be able to support yourselves and will not require public assistance. The U.S. citizen must have an income of at least 100% of the Federal Poverty Guidelines. However, this requirement is waivable under certain circumstances, for example, if the non-citizen has substantial wealth. In that case, you can complete a supplemental form.

During the application process, you may be asked to provide additional evidence. It is important that you comply with these requests promptly so that you do not experience any undue delays.

Call a DuPage County Immigration Attorney

Mevorah & Giglio Law Offices would be happy to help bring you and your fiancé together by guiding you through the visa application process. Our experienced Lombard immigration lawyers are skilled at helping engaged couples obtain their K-1 visas. Contact us at 630-932-9100 for a free consultation.