What are the Legal Requirements for a K-1 Fiancé Visa?

Jun 14, 2016 | Fiancee Visa

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Eligibility Criteria for Adjustment of Status

As a Miami immigration lawyer, I help many of my clients to obtain their K-1 fiancé visas. Below are some frequently asked questions about the K-1 Fiance visa.

What is the main purpose of the K-1 fiance visa?
The K-1 fiance visa will get you into the United States to get married. To be eligible for a fiancé visa, you do not have to intend to live permanently in the U.S. after your marriage. Whether you decide to stay in the U.S. and apply for a green card is up to you. If you have any questions in regard to this, you may want to speak with a Miami immigration attorney.

What do I need to demonstrate in order to  be eligible for a fiancé visa?
In order to be eligible for a K-1 fiance visa, the law requires that you

  •  intend to marry a U.S. citizen
  • have met your intended spouse in person within the last two years (though this can be waived based on cultural customs or extreme hardship), and
  • are legally able to marry.

Again, if you have any questions in regard to this, you may want to speak with an immigration attorney in Miami, Florida.

Requirement: You Must Intend to Marry
In order to meet this requirement, you will have to demonstrate to the U.S. government that a marriage is somewhere in your future. It will want proof that you’ve made actual plans, such as a place, a type of ceremony or proceedings (even if the proceedings are only in front of a judge), and more. If you have any questions in regard to this, you may want to consult with a Miami immigration lawyer.

Your Intended Spouse Must Be a U.S. Citizen
For you to be eligible for a fiancé visa, the person that you plan to marry must be a U.S. citizen, not a permanent resident (a green card holder). A U.S. citizen is someone who either was:

  • born in the United States or its territories
  • became a citizen through application and testing (called naturalization), or
  • acquired or derived citizenship through a family member. (Acquisition and derivation of citizenship are complex areas of the law. In general, however, people may acquire citizenship by being born abroad to one or two U.S. citizen parents; they may derive citizenship if they are lawful permanent residents first and one of their parents is or becomes a U.S. citizen.)

If your fiancé is only a permanent resident, he or she can petition to obtain permanent residency for you only after your marriage has taken place. A fiancé visa is not available to you at this time. Again, if you have any questions in regard to this, you should speak with a Miami immigration lawyer.

You Must Be Legally Able to Marry
Last but not least, there must not be any legal barrier to your getting married. You may not have to provide anything at all to satisfy this requirement if you are an adult who has never been married before and you are not a blood relative of your fiancé. This requirement is mostly directed at couples where:

  • one person is under the age of consent
  • one person has been previously married and needs to prove that that marriage was legally ended, or
  •  the two members of the couple are related by blood

Note: A civil union or domestic partnership will not count as a “marriage” to fulfill the requirement that those entering the U.S. on a fiancé visa must marry within 90 days.

If you have any questions in regard to 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 tmsilvalaw.com.