Fiancee Visa Requirement

March 16, 2011 | Posted in Fiancee Visa Requirement

If you are considering marriage to a citizen of foreign country, the K1 visa could be one of your best options. The K1 fiancee visa allows foreign citizens of another country to marry a U.S. Citizen within 90 days of their arrival in the USA. You are not required to marry if your relationship does not work out, however, if you do not marry with the 90 day period, the foreign fiancée must depart from the USA.

Only U.S. Citizens are eligible to apply for a K1 fiancee visa. Permanent residents are not eligible.
For those individuals who wish to file for a fiancée visa, you and your foreign fiancée must meet the following requirements:

· The petitioner must be a U.S. citizen
· You and your fiancee must have met at least once in person within the previous two years of filing the K1 visa application.
· The petitioner and beneficiary must both be legally free and clear to to marry. This means all prior marriages, if any, must have ended by legal divorce, or by death of the former spouse.
· The petitioner and beneficiary must both have a serious intention to marry one another within the first 90 days of the foreign fiancee’s arrival in the USA.
· The petitioner must meet or exceed the minimum income requirements.

There are exceptions and exemptions allowed under certain circumstances if the petitioner is not able to physically meet the beneficiary in person, due to a hardship. The most common hardships that applicants use are medical related issues, or if meeting the foreign fiancée in person would violate their cultural customs, or religious practices. In some cultures, parents forbid their children from meeting in person prior to the wedding day. The USCIS rarely grants such waivers.

Most people who do receive waivers are usually those who are severely disabled, and are not able to fly. A great deal of evidence must be submitted such as letters from doctors indicating that the petitioner is not physically able to travel.

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US K1 VISA

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