Global couples who decide to marry while staying in different nations often experience certain difficulties. Before your spouse, an immigrant can move to the US legally, to live with you in the country; he or she will need a K1 fiancé visa. The application for the visa requires submission and approval for your partner to stay with you in the US.
1. You should be an American citizen
The petitioner should be an American citizen to become eligible for the K1 visa. It is important to note that people having green cards do not qualify for K1 visas. In case, you have a green card and like to bring your partner to America, there are other rules concerning the same. The process will take more of your time for things to mature or finalize.
Because of comprehensive immigration laws in the United States, couples can take advantage of legal services to make their lives a lot easier. Processing visa applications and approval are more convenient with the help of a USA visa and immigration lawyer such as Flynn Hodkinson. A qualified and experienced attorney knows the ins and outs of visa processing, including the appropriate requirements to expedite approval.
2. The couples to marry within three months
When it comes to the USCIS, they want to make certain that couples should get married within 90 days when applying for a K1 visa. It is essential to reduce the number of frauds that occur in marriage-related immigration, or trans-national couples looking for a K1 visa. Therefore, the engaged couple must enter into matrimony within three months of the immigrating partner moving to the US. Inquire about the requirements for a fiancé visa from your lawyer. He or she will clarify all your doubts regarding the same.
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3. The requesterand beneficiary should be free to get married legally
Before the fiancé visa application is approved, the requester, as well as the beneficiary, should provide evidence that they can marry legally. It implies that if the requester and beneficiary were married previously, it should be proved that the marriage was terminated legally through divorce, death, or annulment. The petitioner will need to provide proof of all necessary documents to prove that they are lawfully free to marry to live in the US.
4. The two partners have met in person within the last two years
K1 fiancé visa requirements call for that both the partners will have met physically at least once in the last 2 years. It does not imply, however, that the partners should know each other for 2 years. They should have met in the last two years or 24 months. Communication through Skype or other video conferencing tools will not count.
In addition, it’s crucial to ensure that you have a genuine relationship and your plans to get married aren’t just purely for immigration purposes. You and your fiancé should provide proof that your relationship is genuine. So, make sure to get to know your fiancé deeper because you’ll need to answer a lot of related questions during the interview.
5. The requirements should meet income necessities
Some kind of immigrant US visas including K1 fiancé visas ask the American petitioner to support his or her fiancé financially. Therefore, the requestor should have minimum income requirements that depend on a host of factors like the capacity to meet a specific proportion of the federal poverty law.
Read Also – Special Marriage Act, 1954
Visa And Immigration Tips You Need to Know
Here are some US visa and immigration tips:
- Some people commit visa fraud and marriage fraud for many reasons, such as the intent to immigrate to the US. So, you don’t want to give the government the impression that your fiancé visa application serves this purpose. Otherwise, you’ll face some legal consequences.
- Remember that US authorities recognize civil marriages, in which a marriage certificate should be issued by recognized local or national authorities for immigration purposes.
- USCIS doesn’t recognize underage marriages, polygamous relationships, domestic partnerships, civil unions, and proxy marriages (one person is absent during the ceremony).
- USCIS recognizes same-sex marriages with proper documentation or a valid marriage certificate. Remember that the wedding venue determines the legality of the marriage for immigration purposes.
When you and your partner meet all necessary K1 visa fiancé guidelines, your request will be accepted. Usually, it takes about six or nine months for coming to a decision.