Family Law, Criminal Defense & Immigration Attorneys

K-1: The Fiancé(e) Visa

Congratulations! You’re getting married! We’re sure the last thing you want to do is think about immigration. Unfortunately, if your fiancé or fiancée is not a citizen of the United States, you will have to take a few steps before you can legally get married in the U.S. It’s important to consider these steps before your beloved steps foot on American soil.

After getting engaged and before saying “I do,” you’ll have to file a Form I-129F or Petition for Alien Fiancé(e). Couples submit this form with the intent to marry 90 days after their fiancé or fiancée enters the country. Once you are legally married, your husband or wife can apply for a Green Card, which will grant them lawful and permanent residency in the U.S.

What if My Fiancé(e) Already Lives with Me?

If your fiancé or fiancée is already living in the United States, they will not be eligible for a fiancé(e) visa. The safest bet in this situation is to marry your fiancé and then use your marriage certificate to apply with Form I-130 or Petition for Alien Relative.

Even if your marriage will assist your fiancé(e) with their immigration status, it is important that this benefit is not the sole purpose of your matrimony. Marriage fraud is a felony in the United States, so couples should always have “a bona fide intent to establish a life together.”

What’s the Best Option for My Family?

Following U.S. Citizen and Immigration Services (USCIS) guidelines as closely as possible is the safest choice for your family. However, life is not always as “perfect” as it looks on paper. If you need help with family-based immigration issues, Smith Law Offices, LLC is here to help. We can assist you with important decisions, documentation, and paperwork.

With our 30+ years of experience and multilingual legal services, we are confident in our ability to pursue the most favorable results on your behalf.

Get started today with a phone call to (636) 400-1177 and a free consultation.

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