Fiance Visa (K-1) Basics

Jul 21, 2015 | K-1 Non-Immigrant Visa

Basics on Waivers of Inadmissibility: Essential Guide for Law Firms

Struggling with complex waiver of inadmissibility cases?

Imagine turning these challenges into opportunities for your law firm.

Mastering the basics on waivers of inadmissibility can elevate your practice, leading to more successful outcomes, increased client satisfaction, and a stronger reputation.

In this article, we dive deep into everything you need to know about waivers of inadmissibility, from eligibility criteria to the application process.

Ready to boost your expertise and attract more clients? Read on to discover how.

Eligibility Criteria for Adjustment of Status

Navigating the Fiance Visa (K-1) process can feel overwhelming. But it doesn’t have to be.

Imagine a streamlined path to bringing your loved one to the U.S. — faster and with fewer headaches.

Our comprehensive guide breaks down every step, ensuring you’re fully prepared.

More cases won. More revenue for your firm. Less stress for your clients.

This isn’t just information; it’s your strategic advantage.

The Supreme Court’s decision on marriage equality changed everything.

It’s a game-changer for law firms dealing with family and civil rights law.

Picture this: more clients, increased revenue, and a stronger, more confident practice.

This landmark ruling offers unprecedented opportunities to expand your client base and elevate your practice to new heights.

As a Miami immigration lawyer, I have represented a good number of  U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry. Below are some frequently asked questions.

What are the eligibility requirements when applying for a fiance visa?

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
    2. If you prove that the requirement to meet would result in extreme hardship to you.

If you are in doubt as to whether your fiance meets the requirements listed above, I would encourage you to speak with a Miami immigration lawyer.

What happens after the fiancé(e) visa is issued?

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. Again, if you have any questions, you should speak with a Miami immigration lawyer.

What about the children of my fiancé(e)s?

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Again, speak with your Miami immigration lawyer to discuss your options.

Can my fiance work in the U.S.?

After admission, your fiancé(e) may immediately apply for permission to work by filing an application for employment authorization with the USCIS Service Center having jurisdiction over your place of residence. Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry.

However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence. Again, I would encourage you to speak with a Miami immigration lawyer to discuss your options.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

If you would like more information on the K-1 (fiance) visa, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at