Now that you are engaged, you’re probably eager to start your life together in the U.S.
The Fiancé Visa ( also known as the K1 Visa or Engagement Visa ) is the only visa for coming to the U.S., to marry within the US and then remain in the U.S. after marriage. By comparison, if your loved one wants to come to the US already married as your spouse, then a Marriage Visa is the correct visa.
A fiancé visa / K1 Visa cannot be issued inside the U.S. The fiance visa is a single entry visa that is obtained after your fiancé attends an interview at a U.S. Consulate abroad where he/she resides.
When your fiancé receives their visa, he/she has 6-months to use it to enter the United States. Upon entry, it converts to a 90-day stay. As long as you marry within that time, your fiancé may remain in the U.S. The next step is to adjust status and apply for a green card based on marriage.
In most cases a foreigner who marries a United States citizen will want to remain in the U.S. and apply for a green card based on marriage.
In some cases, it can be possible to obtain a green card while in other cases it can be unsafe or even prohibited to remain in the U.S. after marriage. Immigration filings must be handled properly in order for the foreign spouse to reside lawfully in the U.S. on a permanent basis.
If the foreigner enters the United States on either a K1 fiancé visa or K3 spousal visa, the foreigner is welcome to remain in the U.S. and apply for a green card. Eventually the foreign spouse can apply for U.S. citizenship as well.
If the foreigner came to the U.S. without a K visa, it is often necessary and proper to return the foreigner home. He or she would soon after return to the U.S. on a K3 or CR marriage visa. Each U.S. immigration visa has a specific purpose. You should not run the risk of violating immigration laws, thus causing problems for your loved one by using a visa for the wrong purpose.
There can be certain times when it makes sense to try and process a case “State-side” without first returning the foreigner home. Your best choice in how to proceed depends on your situation.
Our goal is to provide a complete, timely and efficient method of fiancé visa case processing. We prepare each submission, then manage your case through to successful fiancé visa issuance. Personal attention is given to help you feel comfortable and keep stress to a minimum.
Our Alaska immigration law firm is among perhaps only a handful of firms with extensive knowledge of fiancé based immigration. We have the necessary expertise and resources to assist you through the legal process of obtaining a fiancé visa to the U.S. from all countries.
Call us at (907) 562-4000 or fill out our consultation form today.