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Eligibility for a fiancé visa

| Oct 28, 2019 | Family Immigration

Love knows no boundaries, but if you are a citizen of the United States engaged to a noncitizen who resides in another country, you may wonder if you can bring your fiance(e) to Colorado and get married here. We at Ramos Immigration Law understand your concern, especially in light of recent uncertainties regarding immigration.

According to U.S. Customs and Immigration Services, there is a process involved in obtaining a K-1 nonimmigrant visa, also known as a fiance visa, for your intended spouse. However, before you can file a petition to start the process, you and your fiance(e) must meet the eligibility requirements. If you are a U.S. citizen, you already meet one of the requirements. Be aware, though, if you and your intended plan to marry outside the United States, you do not qualify.

Another important requirement is that both you and your intended spouse must be legally free to marry. In other words, you must both be of age, able to give consent and not already legally married to someone else. Any prior marriages, if applicable, must have ended with an annulment, death or divorce. You are not eligible for a fiance visa if you and your intended are already married or your fiance(e) already resides legally in the United States.

The remaining eligibility requirements exist to prevent marriage fraud. This occurs when a couple marries for the sole purpose of obtaining an immigration benefit without the intention of establishing a life together.

In the absence of certain exceptions to the rule, within two years prior to your petition, you and your fiance(e) must have met each other in person at least once. Upon your fiance(e)’s admission to the United States, you must get married within 90 days thereafter. This is important because the K-1 visa expires after that date. More information about family immigration is available on our website.