Family relationships are one way to legally enter the United States. Children whose parents live in the country might be eligible for visas, for example. Intimate relationships headed for marriage could also make foreign nationals eligible for visas.
A K-1 or fiancé visa allows someone from another country to legally enter the United States for the express purpose of getting married in the United States. K-1 visas often lead to green cards. The fiancé who enters the country and marries here may be able to become a permanent resident and possibly even a citizen later.
Who can enter the United States to get married here with a K-1 visa?
Only certain engagements qualify
To be eligible for a K-1 visa, the person from another country must have a valid engagement with a United States citizen. K-1 visas are not available for the fiancés of visa holders or lawful permanent residents.
Generally speaking, the foreign fiancé must be eligible for a visa based on their criminal record and medical history. They also typically need proof that they have a bona fide or legitimate relationship with their citizen fiancé.
They may have to attend an interview and provide evidence of a legitimate relationship. Travel records, letters, emails, photographs and even statements from friends and family can help corroborate the legitimacy of an engagement.
People may be eligible for a K-1 Visa without prior travels and communication if they come from a culture in which arranged marriages are common. In such cases, there generally needs to be evidence of the family facilitating the engagement.
K-1 visas are subject to strict limits
Those seeking a K-1 visa must meet the same basic standards as any other immigrant seeking a visa. Additionally, they must prepare in advance to actually marry their fiancé.
K-1 visas are typically only valid for 90 days after the foreign national enters the country. If they fail to marry their fiancé, then they must leave the United States. Additionally, the green card received after marrying is conditional, meaning that it expires after two years, rather than 10.
Citizens hoping to bring their fiancé to the United States often need legal support as they pursue K-1 visas, and that’s okay. Getting help early in the process can increase the chances of success and limit the chances of people making mistakes that result in a rejected petition.