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What are the eligibility requirements for getting a fiancé visa?

On Behalf of | Dec 16, 2020 | family immigration

You fell in love with someone born outside of the United States, and now, you want this person to become your spouse and live alongside you in Kentucky. To do so, you need to secure something called the K-1 nonimmigrant visa, which is also known as a fiancé visa.

Per U.S. Customs and Immigration Services, you need to show that your decision to bring your fiancé to the United States is one you made out of love, and not because it makes immigration easier. You also must meet other eligibility requirements before you may move forward with your pursuit of a fiancé visa.

Eligibility criteria for obtaining a fiancé visa

In your efforts to secure a fiancé visa, you must be a U.S. citizen, and you and your fiancé must have plans to marry within 90 days of his or her arrival on U.S. soil. Neither of you may already have a spouse. Also, any prior marriages you had must have ended in divorce, death or annulment.

Furthermore, you and your fiancé must have met in person within the two years before you filed your petition for the fiancé visa unless one of two circumstances are present.

When you do not have to meet in person

You may be able to avoid spending time with your fiancé in person before you petition for a visa if doing so would violate any religious, cultural or social customs you or your fiancé abide by. You may also be able to circumvent this requirement if you are able to show how doing so would lead to substantial hardship to you.

If your situation meets all eligibility criteria and you two wed within 90 days of your fiance’s arrival in the United States, your spouse may then apply for a green card.