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K1 or Fiancé Visa for Foreign Fiancé

In order to get legally married to a foreign fiancé within the United States as a U.S. citizen, a Form 1-129F and Petition for Alien Fiancé(e) may be filed. This is the beginning of the process for obtaining the K-1 visa for your finance, which is also known as fiancé visa.  

In order to acquire this K-1 visa, within 90 days of entering the United States as an official K-1 visa holder, you and your fiancé(e) must intend to marry one another. In other words, you and your fiancé both have a bona fide intent to begin an honest life with another. This also establishes that the marriage between you and your fiancé(e) is not solely to acquire the immigration benefit.

As a K-1 visa holder, if your fiancé(e) marries you within the designated 90 days of residing within the United States, he or she is then applicable to apply for lawful permanent resident status within the United States and become an official green card holder.

However, there are certain conditions in which your fiancé(e) or spouse may be ineligible to obtain a fiancé(e) visa. These include:

  • If you have already married your significance other
  • If you plan on marrying your significant other outside of the United States
  • If your fiancé is legally already residing in the United States

-There is no extension on the K-1 visa, as it expires after the 90 days.

-On average, it takes around a few months to obtain the K-1 or fiancé visa.

If you have any other questions or want further information on how to assist your foreign spouse apply for a Green Card, seek help from an experienced attorney.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California, licensed by California Supreme Court (USA). Ramona Kennedy is the lifetime, honorary member of the US Supreme Court's Bar Association and a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (Persian).

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