What to Know About Fiancé Visa Eligibility

If you are a citizen of the United States that is engaged to a non-citizen, you are likely seeking a fiancé visa, otherwise known as a K-1 visa. Once received, this visa opens doors to many important immigration benefits. However, it is necessary that you follow the application process properly to grant your fiancé the eligibility they desire. Read more to understand the process and how a seasoned fiancé visa lawyer in Milwaukee, Wisconsin of Sesini Law Group, S.C., can guide you through every step.

How can my fiancé be eligible to receive a K-1 visa?

For your fiancé to be eligible for a K-1 visa, you must be a United States citizen and demonstrate that you intend to marry within 90 days of your fiancé’s entry into the country. Additionally, you must present proof that you met your fiancé at least two years before filing unless the meeting would violate a long-established custom or the meeting would result in extreme hardship. This can be proven with photos, videos, text messages, or emails. Then, you must present proof that after your fiancé enters the United States, they will not become a public charge. This is proven with your income meeting or exceeding 100% of the United States poverty guidelines. And lastly, your fiancé must attend an interview, background check, and medical examination. Specifically, the interview assesses the following:

  • Whether your fiancé has complete information about you, such as details about your family, past relationships, marriages, and employment.
  • Whether your fiancé is genuinely interested in being a U.S. citizen and serious about marriage.
  • Whether the fiancé is a person of good moral character.

If you complete the applications to their fullest and schedule the necessary appointments, this process can be completed in about 8 months. If you need assistance with expediting this process, do not hesitate in reaching out to a knowledgeable family immigration lawyer in Milwaukee, WI today.

What happens if I do not get married within 90 days of my fiancé’s entry to the United States?

According to federal law, you will have to marry within 90 days of your fiancé’s entry to the United States. Failure to do so will require your fiancé to leave within 30 days of the time provided. Once you are married, your fiancé can apply for an adjustment of status and start the process that will lead them on the path toward naturalization.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why if you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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