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Immigration: Fiancée Visas

NJ Immigration Lawyers

Fiancées Visas

A United States citizen may file for his/her fiancée to come to the United States.  Such a visa is called a K-1 visa. They are issued to fiancées entering the United States for the sole purpose of getting married within 90 days of their admission.  Also, minor children of the K-1 visa-holder are eligible.

The New Jersey immigration lawyers at Helmer, Conley, & Kasselman  can assist you in preparing such an application. We ensure that all the requirements are met.  Then, we prepare you and your fiancée for the interview overseas.  After your fiancée arrives, we advise you and your fiancée on what steps are necessary to complete the process leading to permanent residency.

What are the Requirements for a K-1 Visa?

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen.
  • You intend to marry within 90 days of your fiancé(e) entering the United States.
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.

You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
  2. If you prove that the requirement to meet would result in extreme hardship to you.

Also, if your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her. Be sure to include the names of your fiancé(e)’s children on your Form I-129F petition.

After admission, your fiancé(e) may immediately apply for permission to work by filing a Form I-765, Application for Employment Authorization with USCIS.  Any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence.  In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry. For assistance in filing or completing these forms, contact our NJ immigration law firm.

Additional Matters Your New Jersey Immigration Lawyer Can Help With

It is very important, as stated above, that the petitioner and the fiancé(e) marry within 90 days of the K-1 visa holder arriving in the United States.  Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) may be required to leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This could result in the fiancé(e) being placed into removal proceedings(deportation) and this certainly could impact  future eligibility for U.S. immigration benefits.

Moreover, it should be noted that someone who is admitted on a K-1 visa can only adjust status in the United States based on marriage to the original petitioning citizen.  If the K-1 visa holder decides to marry a different United States citizen, adjustment of status in that regard would not be permitted.  Instead, the K-1 visa holder would be required to return back to his/her country of origin and obtain permanent residency via consular processing. 

For further information, a New Jersey immigration lawyer at Helmer, Conley, & Kasselman.

 

 

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