Many people in California who are planning to be married may wonder how they can bring their fiancé or fiancée to the United States. A fiance visa is an option for people planning to get married soon, and it is officially known as a K-1 nonimmigrant visa. In order to petition for a K-1 visa for a fiancé, people must fill out a Petition For Alien Fiancé(e), Form I-129F, and submit it to U.S. Citizenship and Immigration Services. The form is the first step towards obtaining a fiancé visa.
In order to be eligible for this type of visa, the U.S. citizen applicant and the prospective spouse must plan to marry within 90 days of the fiancé coming to the U.S. with the K-1 visa. In addition, the marriage must be valid and carried out for the purposes of maintaining a life and relationship together, not for other purposes such as securing residency or other immigration goals. After the marriage is completed within that initial 90 days, the immigrant spouse can apply for a green card in the U.S. Once the couple is married, the foreign spouse becomes eligible to be a permanent resident of the United States.
If the fiancé has a child under 21 at the time of the application, he or she may be able to receive a K-2 non-immigrant visa. They should be included on the initial application. After the marriage within 90 days, these children can also apply for a green card, so long as they remain unmarried.
Negotiating immigration law while planning a life milestone like a wedding can be a challenging and sometimes-complex task. An immigration law attorney can provide advice and guidance throughout the process of applying for a fiancé visa and seeking permanent residency after marriage.
We invite you to call us at 949-459-5900 to schedule your free initial consultation. You can also reach our firm by contacting us online.
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