People find long distances dating very challenging. In the United States, immigration law prohibits a foreign national from staying in the country for an extended period while the couple dates. Instead, the foreign person must be engaged to marry a citizen of the United States. Once the foreigner fiancé arrives in the United States, the pair has only 90 days to marry.
K-1 90 day fiancé visa requirements:
- The petitioner must be a citizen of the United States.
- Within 90 days of the fiancé (arrival) in the United States, the pair must marry.
- The pair must be able to marry each other freely (i.e., if previously married, the party must provide proof of a divorce or death certificate)
- The pair must have met at least once in the two years leading up to the application (unless doing so would go against cultural/social norms or cause great hardship).
Obtaining a K-1 Visa
By completing Form I-129F, Petition for Foreign Fiancé, with U.S. Citizenship and Immigration Services, a U.S. citizen can petition on behalf of a foreign fiancé to acquire a K-1 visa. The K-1 visa, often known as a fiancé visa, allows a foreign fiancé to enter the United States to marry a U.S. citizen. The foreign fiancé must marry the U.S. citizen petitioner within 90 days of entering the country, according to the K-1 visa rules. If the foreign national does not marry within 90 days, they must leave the United States. As a result, a 90-day fiancé has been coined to describe this period. If you are looking for a Green card immigration lawyer, then contact us today without further delay.
Failure to Marry
There is no visa violation if the couple decides not to marry (as long as the intent was marriage). The foreign national must, however, leave the U.S. before the 90-day period expires. If the foreign visitor does not leave the United States, their non-immigrant Status will automatically expire after 90 days and cannot be extended. Generally, your fiancé (e) and their children must leave the United States at the end of 90 days if you do not marry. If they do not depart, they will violate U.S. immigration law. This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits.
Green Card for 90 Day Fiancé
If the couple marries, the foreign national may also apply for a green card (permanent residence) in a process known as adjustment of status. The foreign national files Form I-485, Application to Adjust Status, based on entry to the U.S. on a K-1 visa and subsequent marriage to the U.S. citizen petitioner. As a green card holder, the foreign national may accept employment and reside permanently inside the United States.
The 90 days fiancé visa is also known as an AK-1 visa. To finally unite with the love of your life requires persistence and paperwork. This visa permits the engaged partner of a U.S. citizen to live in the United States for 90 days, as long as they get married. The couple must have seen each other in person within the time of 2 years. The decision entirely depends on how long you are willing to wait to get married and various other circumstances. The couple must prove the legitimacy of their relationship with relevant evidence such as emails, flight itineraries, and photos, written statements from friends and families, wedding invitations (indicating their intent to get married within 90 days of fiancés arrival).
The legal process is lengthy and complicated, and even a minor omission might result in your application being rejected entirely. It is recommended that you call the best attorney who will guide you through the procedure and offer you rapid answers to your questions. We at Carstarphen have some of the prominent immigration lawyers who provide online consultation free of cost.
One can consult a virtual immigration law office in Gadsden for immediate assistance by a knowledgeable immigration attorney.