What You Should Know About the K-1 Fiancé Visa

May 19, 2016 | Fiancee Visa

Basics on Waivers of Inadmissibility: Essential Guide for Law Firms

Struggling with complex waiver of inadmissibility cases?

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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.

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Eligibility Criteria for Adjustment of Status

One of the most rewarding things about being an immigration lawyer in Miami is the ability help two people make a life together. Today, I will cover the basics about the fiance visa (K-1 visa). Below are some frequently asked questions.

What are the eligibility requirements in regard to the petitioner of the 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 have any questions in regard to this, you may want to speak with a Miami immigration attorney.

I am applying for a fiance visa. Does this mean that I will have to live permanntly in the U.S. after my marriage?
Not necessarily. A fiancé 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. However, I would caution one that there are certain legal complexities that may crop up. As such, it was advisable to speak with an immigration lawyer in Miami to discuss the best plan of action.

I plan on applying for a fiance visa and marrying a U.S. citizen. What are the eligibility requirements?
In order to be eligible for the fiance visa, you will need to have fulfilled the following eligibility requirements:

  • 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.

Note again that there are certain standards that every applicant for the fiance visa must need – the requirements outlined should first be discussed with your Miami immigration lawyer.

What happens after the fiance 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 in regard to this, you may want to speak with a Miami immigration lawyer.

I have a child/children and am applying for a fiance visa. Can I apply for my children as well?
Yes. If you have a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Again, you should speak with a Miami immigration lawyer to discuss your options.

I am applying for a fiance visa. What happens if my spouse and I do not marry in 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 have would like more information about the fiance (K-1) 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.