Atlanta’s Best Immigration Attorneys

Atlanta’s Best Immigration Attorneys

Does your situation make you eligible for a fiancé visa?

On Behalf of | Sep 15, 2022 | Visas

As a Georgia resident who is in a romantic relationship with someone born in another nation, you may wish to bring your fiancé to the United States so that the two of you may marry and start your lives together. The first step in doing so involves securing a K-1 nonimmigrant visa, or a fiancé visa.

Per U.S. Citizenship and Immigration Services, the first step in obtaining a K-1 nonimmigrant visa involves determining if you and your situation make you eligible to do so.

When you are eligible for a fiancé visa

In order to get a K-1 nonimmigrant visa for your foreign-born fiancé, you must be at least 18 and a legal U.S. citizen. Neither of you may already be in a marriage, and you have to agree to wed within 90 days of your fiancé arriving on U.S. soil. Furthermore, you need to show that you and your fiancé met in person at least one time within the two years preceding your request for the visa. However, you may be able to avoid that if meeting your fiancé in person would violate long-established cultural or social norms.

What happens if you fail to marry in time

If you bring your fiancé to the United States using a fiancé visa and then the two of you fail to marry within the 90-day window, your fiancé must leave the country. He or she then may or may not be able to return at a later date.

If your foreign-born fiancé has children he or she hopes to bring to the United States, too, you may be able to help this happen by obtaining a K-2 nonimmigrant visa.