If you are a US Citizen who wants to bring your fiancé(e) into the US then a K1 Fiancé(e) visa is likely the fastest option.  A K1 Fiancée Visa (also known as a K1 Visa or Fiancée Visa) is a type of visa that allows a foreign-citizen fiancé(e) of a US Citizen to enter the United States for the sole purpose of getting married.

Typically, the visa takes 6-12 months from submission to being approved. Then, the foreign-born fiancé(e) has 6 months in which to travel to the US. Once in the US, the foreign citizen fiancé(e) must marry her, his or their US Citizen fiancée within 90 days of entry. Once married, the foreign-born fiancé(e) may stay in the US and apply for Lawful Permanent Residency (a Green Card) through adjustment of status. Adjustment of Status is a separate process.

You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:

  • You are a United States Citizen;
  • You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)’s admission to the United States on a K-1 nonimmigrant visa;
  • You and your fiancé(e) are both legally free to marry (this means you both are legally able to marry in the United States and any previous marriages have been legally terminated by divorce, death, or annulment); and
  • You and your fiancé(e) have met each other in person at least once within the 2-year period before you file your petition.

 

You may request a waiver of this in-person meeting requirement if you can demonstrate that meeting in person would:

  • Violate strict and long-established customs of your fiancé(e)’s foreign culture or social practice; or
  • Resulting in extreme hardship for you, the U.S. citizen petitioner.

If you have already married, plan to marry outside the US or your fiancé(e) is already residing in the US, your spouse or fiancé(e) is not eligible for a fiancé(e) visa. See Spouse Based Green Cards

In general, a K1 Visa is significantly faster than a spouse Based Green Card but a Spouse Based Green Card is ultimately less expensive than a K1 Visa followed by Adjustment of Status. If you are trying to decide whether to apply for a fiancé(e) visa or marry your fiancé(e) and then apply for a spouse based green card, contact us for a case-specific analysis.  

People often ask if their fiancé(e) or spouse may enter on a B Visa or ESTA and then adjust their status from within the US. The answer is, NO. When one enters on a non-immigrant visa, they are making a legal promise to leave at the end of their authorized stay. Therefore, entering, on a non-immigrant visa, with the intent to remain, is immigration fraud. It is the intent, upon entry, that is relevant. When one enters on a non-immigrant visa, their intent must be to leave at the end of their authorized stay. Entering with the intent to remain can and does lead to denied entry; revoked visas; deportation and bans on re-entry.