What is a Fiancé Visa?

If you are a U.S. citizen and are engaged to a non-citizen, you may, in fact, apply for a visa for their entry into the United States. The fiancé visa, or K-1 visa, may grant your future spouse citizenship, as long as you marry him or her within 90 days of entry. If you think this situation applies to you, then here are some of the questions you may have:

What are the qualifications for a K-1 visa?

In order to qualify for a K-1 visa, you must first prove that you and your future spouse have known each other for two years prior to the filing. If you fail to do so, your petition will be denied. You will make your request on an I-129F form, and the necessary instructions are available through the Department of State. If you find this process overwhelming, it may be useful for you to hire an experienced attorney to help you handle this sensitive situation. He or she may complete this paperwork and submit it on your behalf. After the applications are submitted, they will conduct a background check on both you and your fiancé. You and your fiancé may also be asked to provide additional evidence documenting your relationship so you may prove that your marriage is a legitimate one.

What is the K-1 visa process like?

Unfortunately, if your petition is approved, it does not necessarily grant a visa. If the petition is approved, your fiancé will be asked to undergo a medical examination and an interview in their country. During the interview, the consular will determine:

  • Whether or not the fiancé has complete information about her U.S. citizen fiancé and his or her life history. For example, the consular may want to know detailed about his or her past relationships, marriages, family, or employment.
  • The consular will also try to determine whether your fiancé is a person of good moral character and whether or not he or she is genuinely interested in your marriage.

Be prepared to answer several other interview questions as well, including, but not limited to:

  • What is your name?
  • Where were you born?
  • How old are you?
  • What is your nationality?
  • Have you ever been to the United States?
  • If you have been, how long did you stay?
  • If you have been, where did you stay?
  • If you have been, what type of visa did you have?
  • Do you have any living relatives in the United States?
  • Do you have children?
  • Have you ever been married?

Contact our Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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