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Fiancé Visas and K1 Visas

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Fiancé Visas and K1 Visas

Fiancé Visa and K1 Visa Lawyer in Chicago

A fiancé visa, which is also known as the K1 visa, allows a person engaged to a U.S. citizen to come to the United States to get married. However, the couple must get married within 90 days of the other spouse entering the country. Our immigration attorneys get many questions from Chicago area residents about this fiancé visa and are ready to help anyone who needs to undergo this process.

Determining whether Fiancé Visa Is Right for You

If you are engaged to a U.S. citizen and are outside the United States, you have different visa options you can use to join your partner in the United States. For example, depending on your individual circumstances, it may be more desirable to forego the fiancé visa process altogether and simply get married and then apply for a spousal visa.

The primary difference between a fiancé visa and a spousal visa is for the latter (spousal visa), you will have to wait until all your paperwork for the spousal visa is processed and approved before you travel to the United States. That time is usually longer than it would take to have a fiancé visa approved and for you to enter the United States on that visa.

A fiancé visa usually takes five to eight months to process, while a spousal visa takes about five to 12 months. So, which one is best for you is something to discuss with an experienced immigration lawyer.

If you opt to go the fiancé visa route, then keep in mind you must get married within 90 days of your arrival in the United States. Once you get married, then the newly married spouse can then apply for a marriage-based lawful permanent residency (Green Card). 

Requirements for a Fiancé Visa

There are specific requirements one must meet before a fiancé visa is approved, which include the following:

  • The petitioning partner for the fiancé visa must be a U.S. citizen. If the person is a Green Card holder, then they cannot apply for their partner to be given a fiancé visa. In that case, the Green Card holder would have to apply for a spousal visa.
  • Both the U.S. citizen and the person they are sponsoring as their partner must be legally eligible to marry. If one of the spouses was previously married, then they must prove termination of that prior marriage.
  • The sponsoring spouse must prove the legitimacy of the relationship between the partners. This requires providing evidence to show that the engaged partners, in fact, are in a genuine relationship.
  • The partners must prove that they have met in person at least one time within the two years prior to filing the fiancé visa application unless a limited exception applies. 

Speak with an Immigration Attorney About Fiancé Visas and K1 Visas Today

If you wish to obtain a fiancé visa or have any other immigration concerns, the Law Office of Robert D. Ahlgren can help. Please contact our office today for a consultation.

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