A fiancé visa, officially known as a K-1 visa, is a type of green card that allows foreigners who are engaged to marry a U.S. citizen the opportunity to enter the country in order to get married within 90 days of arrival. After the marriage has taken place, green cards can be applied for and obtained from USCIS (U.S. Citizenship and Immigration Services). It’s important to note that green cards obtained through a K-1 visa are only valid for two years. After two years, the green card holder must apply for permanent residency and go through the necessary steps (including an interview) to be eligible for a green card that does not have an expiration date.
Why Was My Fiancé Application Denied?
A common reason why a K-1 Visa is denied is that the officials reviewing it did not have enough information to make a proper decision.
Can I Visit The United States During a K-1 Visa Application?
Yes, technically you may present yourself at the border and request entry into the United States with a valid and unexpired visa. However, an immigration officer has the discretionary authority to decide whether to allow or deny your entry. You should speak to an immigration attorney prior to presenting yourself at the border.
What if We Marry After Applying for a K-1 Visa, But Before Immigration Approves My K-1 Visa?
The K-1 Visa will likely be denied and returned to USCIS. The application cannot be converted to a CR-1 or an IR-1 spousal petition. You will then need to begin the spousal visa application process. You should speak to an immigration attorney to see if there are any options available.
Are Same-Sex Couples Eligible For A Fiancé Visa?
Yes! As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for the purpose of marriage.
Are you worried about your fiancée’s immigration visa? Godoy Law Office can help you and your fiancée and guide you all the way to the American Dream. We can: determine if you meet the requirements, complete all the forms, submit required documents and make sure no deadlines are missed.
Contact our experienced immigration lawyers to schedule an appointment at 630-912-0322.
We work with clients in all 50 states.