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You may be eligible to bring your fiancé to the country

Building a long-distance relationship with your fiancé can be hard, especially if he or she holds foreign citizenship. Travelling internationally to see each other can quickly become expensive. Even with the availability of video calls and social media, a contrasting time difference can make your communication difficult to maintain.

While you may be eager to get married one day and put an end to the distance, you may also want to consider bringing your fiancé over to the United States on a K-1 nonimmigrant visa, also known as the fiancé visa. Having the U.S. government recognize your engagement to each other will allow your fiancé to enter the country and marry you here. Consider the following requirements to determine your eligibility:

  • U.S. citizenship: You must be a U.S. citizen yourself before you can sponsor a non-citizen.
  • Marrying within 90 days of your fiancé's arrival: If your fiancé is granted the K-1 visa, you will need to get married within 90 days of his or her arrival in the United States. Failing to do so may result in the expiration of your fiancé's visa.
  • Both you and your fiancé are single: Make sure that you and your fiancé are free to marry each other. This means being sure that any previous marriages on either side have already ended, and that any lengthy divorce or annulment processes have already been finalized.
  • You and your fiancé have met up once within the past two years: You will also need to prove that you and your fiancé have met up at least once within the two-year period prior to your visa application. This requirement may be waived under special circumstances, such as if your fiancé belongs to a traditional custom or culture that would have made it impossible to meet up. Each relationship is unique, and an immigration attorney can help you determine whether you qualify for an exemption.

Be prepared to handle the paperwork

Once you know you are eligible, you may apply for the K-1 visa. Consider gathering evidence in case you need to prove the status of your relationship, such as copies of photographs or proof of any romantic communication between you and your fiancé. If your fiancé has children who are not married and are under 21, they may also be able to join you in the United States, and you will need to include them in your application.

It can take up to nine months for you to hear back on the status of your application. Even if you and your fiancé are not in a rush to get married, it may be worth planning ahead to account for your individual circumstances. An experienced immigration attorney can walk you through the eligibility guidelines as well as help you file the required legal paperwork.

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Berke Law Offices, Inc.

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Berke Law Offices, Inc.
21911 Sherman Way
Canoga Park, CA 91303

Phone: 818-647-1002
Phone: 818-647-1002
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