Eligibility for a Fiancé Visa
- The petitioner must be an American citizen; an LPR cannot petition for a K-1 visa
- Neither you or your fiancée may have a violent criminal record, have committed crimes against a minor, or have significant social problems, such as drug addition
- You must have met your fiancée in person at least once in the two years prior to filing a petition for a fiancé visa (you may be able to obtain a waiver for this requirement if meeting would cause extreme hardship that is more severe than financial difficulties, or if meeting would violate important cultural norms)
- Both of your must be legally able marry: you must be old enough, and any previous marriages must have been legally dissolved
- Your marriage to your foreign fiancée must be legally binding according to the laws of the American state in which you are married; you cannot be married abroad and use a K1 visa to bring your fiancée to the US, even if you are an American citizen yourself
- You must plan to get married within three months of your fiancée successfully entering the US on a K-1 visa
- You and your fiancée must be financially self-sufficient; if your fiancée is coming to the US without savings or a job lined up, you must be able to demonstrate to immigration officials that your income can support both of you
In order to come to the US on a fiancé visa, your future spouse must adhere to the same requirements as others attempting to immigrate permanently. Existing tenants of inadmissibility may prevent your fiancée from obtaining a K-1 visa. Inadmissibility indicates that your fiancée is not allowed in the US. Common reasons for inadmissibility include having committed certain crimes, lying in any way while petitioning for a K1 visa, or having previously overstayed a visa illegally in the US.
If your fiancée is considered inadmissible, he or she may be required to obtain a waiver to travel to the US with a K-1 visa. Therefore, the eligibility for a fiancé visa may change depending on your completed immigration waivers. Your fiancé visa lawyer can help you overcome inadmissibility and advise you in acquiring a waiver, so your future spouse can still obtain a fiancé visa.
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