Family immigration opportunities may arise from a parent or other close family member moving to the United States. They can also be the result of a developing relationship. People living in the United States with green cards or visas can bring their immediate family members into the country in many cases. Those living in the United States who have a fiancé living in another country may also be eligible for family-based immigration opportunities.
A fiancé living in another country may be eligible for a K-1 visa that allows them to enter the United States to get married here. Who is potentially eligible for a K-1 visa?
The fiancé of a citizen
Fiancé visas, also known as K-1 visas, are not available for people living in the country with a visa or as a permanent resident with a green card. Only citizens have the option of sponsoring a fiancé in another country for entry into the United States.
Typically, there needs to be evidence of a legitimate or bona fide engagement. Frequently, the engaged couple must provide documentation of previous meetings or communications. In some cases, records from family members related to an arranged marriage can also help people secure a K-1 visa.
A fiancé eligible for immigration
People seeking K-1 visas are subject to the same basic requirements as any other visa applicant. They have to submit medical records from a physician with credentials recognized by the United States. They must be able to pass a comprehensive background check.
Minor prior criminal offenses do not necessarily eliminate eligibility for a K-1 visa. However, serious crimes involving violence or drugs can make people ineligible for a visa.
There are also restrictions that apply even after securing a K-1 visa. The visa is only valid for 90 days, making a prompt marriage after entering the country necessary. Additionally, the fiancé-turned-spouse initially only receives a conditional green card until they qualify to remove their conditional status.
Working with an attorney familiar with family-based immigration programs can be helpful for citizens who want to bring their fiancés to the United States. Appropriate support while preparing documents and gathering evidence of a legitimate relationship can streamline the process of pursuing a K-1 visa for a fiancé.