Can I Petition for My Fiancé(e) to Come to the U.S.?
If you are in the United States and your fiancé is a foreign national, you may be able to sponsor them to immigrate to the United States. Below, our New York immigration lawyer explains in further detail.
If your fiancé or fiancée wants to enter the United States to live and work, you may be able to sponsor them. You can petition for your fiancé to obtain a K-1 visa, which allows your loved one to enter the U.S. with the intent to get married within 90 days. Technically, K-1 visas are non-immigrant visas, meaning they allow for temporary stays. Our family law attorneys can help you create a pathway to permanent residency.
Eligibility Requirements for K-1 Visas
As with any other type of visa, there are numerous eligibility requirements associated with K-1 visas. They are as follows:
- American citizenship is required, as lawful permanent residents are ineligible.
- Being legally free to marry is necessary, meaning any prior marriages must be dissolved.
- At least one in-person meeting with your fiancé must occur within two years before filing the petition, unless waived for cultural, religious, or hardship reasons.
- Income level must meet or exceed 100 percent of the Federal Poverty Guidelines.
- Plans to marry within 90 days of your fiancé’s arrival in the United States are mandatory.
How to Apply for a Fiancé Visa
There are many steps involved with applying for a fiancé visa. The process begins when you file Form I-129F along with any supporting documentation. This must include your proof of citizenship as well as proof of your intent to marry. A signed statement from you and your fiancé stating your intention to marry within 90 days of your fiancé’s arrival in the country. Proof that you have met in person if you’re not applying for a waiver. You must also provide evidence of a relationship, such as call logs, engagement photos, and other relevant documentation. A New York immigration lawyer can advise on the different documents you may need when filing Form I-129F.
The next step is to complete the online DS-160 form, which is the application for the actual visa. Your fiancé will also need to submit supporting documents, including biographical information, employment and education history, passport-style photos, and more. Your fiancé will then receive notice from the United States Embassy in their country regarding the location and date of their visa interview and the supporting documents they must bring.
The officer who interviews your fiancé will decide on the day of, or shortly afterwards, whether to approve their application. If your fiancé is approved for a K-1 visa, the last step is for them to enter the U.S. The marriage must occur within 90 days, or your fiancé will likely lose their visa.
Our Immigration Lawyer in New York Can Help You Through the Process
If you want to petition your fiancé to enter the U.S., you need legal help. At Nunez Law, our New York immigration lawyer can guide you through the process, advise on the documents you will need, and make it as easy as possible for you. Call us now at 917-708-1072 or fill out our online form to schedule a consultation and get the legal advice you need.