What is a Fiancé Visa?

United States citizens who are engaged to non-citizens may apply for a fiance visa, also known as a K-1 visa for their loved one’s entry into the United States. This is rather obviously a big deal to noncitizens who wish to ensure their time with their loved ones and in this country is guaranteed. Obtaining a fiance visa can completely erase the uneasy feeling of not knowing whether your spouse-to-be will undoubtedly stay in this country for years to come. Once your fiance is granted a K-1 visa, you must marry him or her within 90 days. This is an extremely important number to pay attention to. If you miss your deadline, your spouse’s legal standing may remain in limbo, and your spouse may even have to leave the country altogether within 30 days. This is an extremely frightening situation for spouses, so please do not put it off. If you are considering applying for a fiance visa, please read on to learn more.

How do I know if I qualify for a K-1 Visa?

There are several requirements to obtain a K-1 visa. First, you must be able to prove that you have known your spouse for at least two years before applying. Your petition must provide such evidence via dated photographs of you and your spouse-to-be together, dated copies of your correspondence, phone records, evidence of financial support, and more. If you do not provide sufficient evidence, your petition will not be approved. An experienced immigration attorney can help ensure you have all the evidence you need to be granted a K-1 fiance visa. 

The courts will also conduct a background check and will ensure applicants are using their proper name and will take their fingerprints. The courts may also ask petitioners to supply additional evidence, so it is important you are prepared. The courts may require additional income evidence, proving that the petitioner meets the minimum income requirements and can support both parties. This is why said income must meet or exceed 100% of the United States poverty guidelines. However, just because your petition is approved does not mean that the visa will be granted. Your fiance must still undergo a medical examination and interview. Generally, it will take eight months from filing the initial petition to obtain a visa. 

Contact our New York City firm

The Law Offices of Cheryl R. David practices immigration law throughout NYC. Immigration is a sensitive issue, which is why you should consider a compassionate, experienced, and aggressive immigration attorney who will help guide you every step of the way. If you have questions about your particular matters regarding immigration please do not hesitate to contact our office to discuss your circumstances and options.