Cundy & Paul, LLC - Attorneys at Law
 

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1125 Wells Fargo Plaza
7900 Xerxes Avenue S.
Bloomington, MN 55431
Phone: 952-746-4111
Fax: 952-746-4112

 

K-1 Fiancé Visa

With the Internet, people are now meeting others from around the world. A common scenario involves a U.S. citizen who meets someone of interest on the Internet and eventually decides to visit this person abroad. After spending time together, the couple is ready to take the next step—move to the U.S. However, the issue of immigration must be dealt with first.

One cannot merely board a plane and move to the U.S., even if one is in a committed relationship with a U.S. citizen. The proper procedure for a U.S. citizen to bring his or her fiancé to the U.S. involves filing a Fiancé Visa Petition (I-129F) with the Immigration Service for issuance of a K-1 visa from the consulate.

The K-1 visa allows a foreign national to enter the U.S. for up to ninety (90) days for the sole purpose of marrying his or her U.S. citizen fiancé. Thereafter, the foreign spouse is eligible to apply for permanent residence (green card) and live in the U.S. indefinitely. One important note: the U.S. citizen and foreign fiancé generally must have met in-person at least once within the last two years before the filing of the case with the Immigration Service.

Another important concern is that the foreign fiancé cannot acquire permanent residence through any other relationship than marriage to the U.S. citizen petitioner (i.e., the foreign fiancé cannot seek to adjust his or her status by marrying a different person after entering with the K-1 visa).

If the parties have a bona fide relationship and plan to spend the rest of their lives together, the K-1 Fiancé(e) visa can be the perfect means for a U.S. citizen to bring his or her foreign mate to the U.S. for permanent residence.

Contact our office to see whether the Fiancé Visa is a viable option for you.

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