Areas of Practice
K-1 fiancé(e) visa
If a citizen of the United States intends to marry a citizen of another country and also intends to travel to the USA with her/his fiancé(e) before the wedding, it is possible for the non-USA citizen to apply for a K-1 fiancé(e) visa, which makes it possible for foreigner to travel to the United States and to marry a citizen of the USA.
In order for the fiancé(e) to qualify for the K-1 visa, the following conditions must be fulfilled:
- The future spouses had to have met each other in person in the last two years;
- Both parties must be free to marry and the wedding must be planned within ninety days from the date when the fiancé(e) travels to the USA;
- The fiancé(e) can also take his/her children from a previous marriage to the USA under the K-1 visa.
The application procedure for a K-1 visa is as follows: the US citizen submits an application on behalf of her/his fiancé(e) to the U.S. Citizenship and Immigration Service (USCIS). After this application is approved the American embassy/consulate in the country of which the applicant is a citizen is informed of this application and the applicant may submit the final application to this embassy/consulate to issue the visa. This valid is valid in the United States for ninety days, during which it is expected that the applicant will marry the US citizen.
Advantages of K-1 visa
Problems do not arise with the K-1 visa that can arise when the fiancé(e) travels to the USA under another visa for the purpose of a wedding.
If a US citizen and a citizen of another country intend to get married in the USA and the citizen of the other country travels to America under a B-2 tourist visa or under the Visa Waiver program (i.e. without a visa), this citizen can be accused of prior intent, and thus of visa fraud (this can have significantly adverse consequences in the subsequent application for a green card after the wedding takes place). Thus it is necessary for a citizen of another country that intends to marry a US citizen to apply for a K-1 fiancé(e) visa or a K-3 spouse visa.
Our office can ensure you a smooth immigration process. Please contact us for further information.