Walker Morton

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Applying for a fiance visa

On Behalf of | Feb 26, 2019 | US Immigration Law

Reality television often glamourizes normal life events. Even when something is not normally experienced by individuals in Illinois and elsewhere, a television series can leave out the challenges that are often associated with it. Take for example the reality series that follows U.S. citizens on their journey to lawfully wed a foreign national. While it is not uncommon immigrants to move to the U.S. for love, these series do not focus on all the obstacles and steps of the process that can make this a reality.

In order for a U.S. citizen to bring a foreign fiancé to America for the purpose of marriage, he or she must apply for a K-1 visa. This visa is known as a fiancé visa, and it is the first step for a foreign national to lawfully enter the U.S. and remain in the country with lawful status.

When a fiancé visa is approved, the U.S. citizen and foreign fiancé have 90 days to get married. To some, this may seem like an adequate amount of time; however, this often means rushing to get wedding plans in line while also working on building a future together. This often entails determining where to live and what job one might get once he or she is able to work in the U.S.

In order to obtain a K-1 visa, he or she must prove eligibility. To begin, one person in the couple must be a U.S. citizen. Next, the couple must intend to get married within 90 days of being admitted into the U.S. on a K-1 visa. Both individuals must be legally free to marry. This means that they can legally get married in the U.S. base don their age and being single. If one was previously marriage, that union must have been terminated through divorce, death or annulment.

Finally, the couple must have met at least once within the 2-year period prior to filing an application for a K-1 visa. The exception to this requirement is if they can show that meeting in person would violate strict and long established customs or result in extreme hardships.

Obtaining a K-1 visa, like other visas, require an application process. This process can take time and can get confusing. Thus, it is important to obtain assistance when necessary, especially when it comes to protecting your rights in the matter.

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