Fiancé Visas

Fiance Visas, otherwise referred to as a K Visa is broken down into four categories:

• K-1 fiancé visas — for fiancés of U.S. citizens

• K-2 dependent of fiancé — for children of fiancés of U.S. citizens

• K-3 visas — non-immigrant visa for a spouse of a U.S. citizen

• K-4 visas — non-immigrant visa for a child of a spouse of a U.S. citizen 

The U.S. Citizenship and Immigration Services (USCIS) is very strict when it pertains to the process and timeline to execute a K-1 or K-3 fiancé visa.

According to the U.S Customs and Immigration Services:

"If your fiancé/fiancee is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your iancé/fiancee must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States.

If the marriage does not take place within 90 days or your iancé/fiancee marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your iancé/fiancee is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé/fiancee may not obtain an extension of the 90-day original nonimmigrant admission"

It is important to note that your fiance may only enter the United States once with a fiance visa. If for some reason your fiance must leave before you are married, than another separate visa must be obtained.

When applying for a fiance visa, you may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Most people find that having an immigration attorney who is experienced in the nuances of this process helpful in preparing the necessary applications and guiding you through the process. If you decide you would like to consult with an attorney about your immigration needs, please contact Malee Ketelsen to set up a consultation.

Contact me about your investor visa immigration options.

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