One of the most popular types of visas for bringing a significant other to the United States is the K-1 visa, also known as the Fiancé Visa. This visa allows a United States citizen to bring over their foreign fiancé, with the intent to get married once they are here.
Dual Intent Visa
The K-1 visa is what is considered a dual-intent visa. That means that, although the K-1 visa itself only allows a person to be in the United States for a short period of time, it is assumed that the immigrant intends to get married and ultimately remain in the United States. This is different than, for example, the B-1/B-2 visa (also known as a visitor visa), which requires an intent to stay for only a brief period of time and then leave when the time is up. Coming to the United States on a visitor visa and then staying to get married can cause issues due to the requirement that the foreigner intend to leave at the end of their authorized stay. The K-1 visa resolves that issue by allowing the foreign fiancé to come and get married, and then ultimately file to get their permanent residence.
One of the main requirements of the K-1 visa is that the couple needs to have met in person sometime in the two years prior to filing. This has not always been an issue, because it is rare for people to get engaged without meeting in person. However, in today’s world of video chatting and other technology, it is important to remember that the requirement to actually meet in person is still part of the K-1 visa.
There are two steps to the K-1 visa process. The first step is for the U.S. citizen petitioner to file the Form I-129F with U.S. Citizenship and Immigration Services (USCIS). Once that is approved, it is sent to the State Department for the processing of the beneficiary’s visa. When the beneficiary arrives in the United States, the couple has 90 days to get married.
The K-1 visa is a great option for a U.S. Citizen to bring over their foreign fiancé to get married, and ultimately receive their permanent residence.
Contact an experienced Virginia Immigration lawyer for a consultation
Ernest Law Group, PLC handles all types of immigration cases throughout the Hampton Roads area. Please call 757-289-2499 or contact us online to schedule a consultation at our Virginia Beach or Norfolk office.
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If you are looking into options for which visa would be best for you or your loved one, contact us at Ernest Law Group to set up a consultation. Our experienced lawyers can help identify the best course of action, and guide you through every step of the process.