What Is a Public Charge in Immigration Law?
If you are a United States citizen that is engaged to a non-citizen, then you may be wondering how they can be granted citizenship. Fortunately, this may be possible with a fiancé visa. Otherwise known as the K-1 nonimmigrant visa, this permits foreign-citizen fiancés to travel to the U.S. and marry a U.S. citizen sponsor within 90 days of their arrival. Read on to discover the process of obtaining a fiancé visa and how a seasoned fiancé visa lawyer in Milwaukee, Wisconsin at Sesini Law Group, S.C. can be with you step by step.
What are the qualifications for a fiancé visa?
First of all, it is important that you and your fiancé get married within those 90 days of their arrival. Otherwise, they will be required to leave the U.S. within 30 days. Otherwise, you and your fiancé must meet the following criteria to be eligible for a K-1 visa:
- You must be a legal U.S. citizen (which does not include being a U.S. green card holder).
- You must be earning at least 100 percent of the federal poverty guidelines when applying for the K-1 visa, and then 125 percent when your fiancé applies for their green card.
- You and your fiancé must be single and eligible to get married under U.S. law (which includes same-sex couples).
- You and your fiancé must provide divorce certificates or death certificates of your previous spouse if you were previously married.
- You and your fiancé must provide proof of the authenticity of your marriage (i.e., photos, correspondence receipts, written statements from loved ones, etc).
- You and your fiancé must provide proof of concrete wedding plans (i.e., invitations, venue reservations, a signed statement, etc).
- You and your fiancé must provide proof of having met at least once within the past two years (i.e., photos).
What is the process for obtaining a K-1 visa?
Once you and your fiancé conclude that obtaining a K-1 visa is a viable possibility, then you may proceed with filing a petition. With this, your fiancé will have to undergo a medical examination and interview with their country. More specifically, in the interview, a consular officer will determine whether your fiancé knows enough information about you, your family, your past relationships, your employment, and other background information. In addition, they will asses how serious they are about the marriage, along with how genuine their moral character is.
This is just the tip of the iceberg when it comes to the fiancé visa application process. Meaning, you and your fiancé should not have to go through this alone. Instead, you must acquire a competent family immigration lawyer in Milwaukee, WI. Pick up the phone and give our firm a call today.
