What if my fiancé and I have not met in person within the last two years?
If you have not met in person in the last two years, you don’t immediately qualify for a K-1 visa. If you are a U.S. citizen, you can travel abroad to visit your fiancé (depending on the country your fiancé is living in, you may need a tourist visa to visit there). Alternatively, if you are the foreign national fiancé, you can apply for a B-2 visitor visa to visit your spouse here in the U.S.
After my K-1 visa is approved, what is the next step once we are married?
After you get married, the next step is to file a marriage green card application. This allows your new spouse to live in the U.S. long-term, work legally in the U.S., and travel internationally. Then, 90 days prior to the 2-year anniversary of your green card approval, you will have to apply to have the conditions of the green card removed. At this point, you will then have permanent legal status in the U.S. After three years of maintaining residency in the U.S., you may then qualify for U.S. citizenship.
Can my family members come to the U.S. for the wedding?
If family members want to come to the U.S. for your wedding ceremony, they may require a B-2 visitor visa depending on their country of citizenship. Your immigration attorney will be able to help you determine what documents your family will need.
Can my foreign national fiancé work in the U.S. on his or her K-1 visa?
Unfortunately not. A fiancé who arrives on a K-1 visa cannot work in the U.S. until he or she receives an approved application for work authorization. You can apply for the employment authorization documents (EAD) once your fiancé arrives in the U.S.; current processing times for the EAD are about 90 days.
What if there is an age difference between my fiancé and me?
Many clients we work with have questions about how close in age they and their fiancé must be. Usually, an age difference is not a cause for concern, provided that you can establish the legitimacy of your relationship and build a strong case.
Do we still need a K-1 visa if my fiancé has a B-1 or B-2 visa?
The B visas are intended for those who will have a short stay in the U.S. Getting married while you are on a B-1 or B-2 visa is generally not a good idea, because this can complicate the process of getting your marriage green card later on. The K-1 visa is the recommended process for getting married in the U.S.
Can I still sponsor my fiancé for a K-1 visa if I am unemployed or underemployed?
The U.S. citizen must be able to prove that he or she can financially support a spouse, and that the spouse will not be a burden on the U.S. economy. If you don’t meet the income requirements, you may have the option of designating a co-sponsor in order to get your fiancé to the U.S. Your immigration attorney will be able to help you decide what is the best option for you.
What if we don’t marry within the 90-day period?
If you don’t get married in the designated timeframe, the best option is to have the foreign national fiancé return to his or her home country and start the process over again. To avoid this, we generally recommend that the couple marries within the 90 days, and applies for the marriage green card before the 90 days expires.
What if we decide not to get married?
If the foreign national fiancé has not yet entered the U.S., then you can submit a letter to the appropriate agencies to withdraw the application. If the foreign national fiancé is already in the U.S. then he or she must return home before the 90 days expires.
Is it better to get married in the U.S. or in my fiancé’s home country?
This is up to you. There are usually a lot of factors, but in general the decision about where to marry is determined by you and your fiancé’s preferences. Your immigration attorney will be able to help you decide on the best option for you.