Joining Couples through Fiancé Visas
When a U.S. citizen is engaged to a foreign national who does not live in the U.S., a K1 visa will allow the fiancé to enter the U.S. as a nonimmigrant. If the fiancé has children accompanying him or her to the U.S., a K2 visa will usually be needed for the children.
At the Law Office of Peter Duong, our San Francisco immigration lawyer has extensive experience helping people secure K1 and K2 fiancé visas, as well as other family-based visas and status changes. Our skilled legal team has worked with clients and consulates throughout the world, giving us the knowledge, skills and insight you can rely on for a successful resolution to all of your immigration issues.
Basic Eligibility Requirements for Fiancé Visas
In order to qualify for a fiancé visa, an applicant or petitioner must meet the following eligibility requirements, proving that:
- (S)he is a U.S. citizen.
- (S)he intends to get married within 90 days of the fiancé entering the U.S.
- (S)he and the fiancé are legally free to marry (because any prior marriages have been legally dissolved).
- (S)he and the fiancé met in person at least one time within the two (2) years of filing for the visa. The only exceptions for this requirement arise if or when:
- An in-person meeting between a couple would violate some strict and well-established custom held by either or both parties of the couple.
- An in-person meeting would create “extreme hardship” for the petitioner.
More Important Information about K1 & K2 Fiancé Visas
- After fiancé visas are issued – Once fiancé visas have been issued, the applicant will have 6 months to wrap up his or her business in the home country before moving to the U.S., and the marriage must occur within 90 days of entry into the U.S. Once the marriage has occurred, the applicant can then move forward with an adjustment of status to become a permanent resident.
- If the marriage does not occur within 90 days – Fiancé visas will automatically expire after 90 days, and they cannot be extended. So, if the marriage does not occur within this window of time (for any reason, including the breakup of the couple), the fiancé will have to leave the U.S. If (s)he does not, (s)he will be violating U.S. immigration laws and could face the possibility of deportation.
- If the marriage occurs but there is a death prior to an adjustment of status – In the event the fiancé marries the U.S. citizen but the citizen passes away before his or her partner’s immigration status has been changed, the surviving spouse will still usually be able to adjust to a lawful permanent resident status.
For more in-depth information regarding fiancé and other family-based visas, click here. Or simply contact the San Francisco immigration lawyer at the Law Office of Peter Duong for answers to all of your questions about fiancé visas and other immigration matters.
Contact a San Francisco Immigration Lawyer at the Law Office of Peter Duong
For help securing a fiancé visa or resolving any family-based immigration issues, contact a San Francisco immigration lawyer at the Law Office of Peter Duong. For nearly two decades, our trusted lawyer has been committed to providing exceptional legal services related to all aspects of U.S. immigration and naturalization law.
Our goal is to provide you with the highest quality immigration services at affordable rates while we work diligently to bring your case to the best possible resolution.
To discuss your options for resolving your immigration issues – and to learn more about how we can help you, call us today at 415.231.5143 or email us via the contact form on this page. From our offices based in San Francisco, our attorneys provide superior representation and legal services to clients throughout the Bay Area, the state of California and the world.