Am I eligible for a fiancé(e) visa?
You may be eligible to bring your fiancé(e) to the United States (U.S.) on a fiancé(e) visa if you meet the following criteria: you must be a U.S. citizen, you and your fiancé(e) intend to marry within 90 days of your fiancé(e) being admitted to the U.S., you must be free to legally marry and all previous marriages (if applicable) have been terminated.
Moreover, you and your future spouse must have met in person at least once within a 2-year period before filing your petition. However, there are certain stipulations in place that will allow you to request a waiver of the in-person meeting requirement
If my fiancé(e) is already in the United States,Do I need to file I-129F Petition ?
No. If your fiancé(e) is already residing legally in the U.S., your fiancé(e) is not eligible for a fiancé(e) visa. You may file an I-130, Petition for Alien Relative for your spouse once you are married.
If your fiancé(e) entered the U.S using a different visa other than K-1, your fiancé(e) may simultaneously file an I-485, Application to Register Permanent Residence or to Adjust Status along with the I-130 petition.
Furthermore, if your fiancé(e) entered the U.S. unlawfully, you may still file I-130 but your fiancé(e) would be ineligible for I-485 petition and this will require he/she to apply at the consulate.
How much time does my fiancé(e) and I have to marry after the visa is granted?
A foreign fiancé(e) must marry the U.S. citizen within 90 days of arrival. K-1 nonimmigrant status automatically expires after 90 days and cannot be extended. In order to appeal for a fiancé(e), the U.S. citizen petitioner must show intent to marry within 90 days. If the 90-day marriage period is not met, your fiancé(e) must leave the U.S. Otherwise, your future spouse will violate U.S. immigration law.
Is my fiancé(e) allowed to work on a K-1 visa?
No, your fiancé(e) is not permitted to work with a K-1 visa.
Your fiancé(e) only becomes eligible for work once they get married to you (the USC spouse) and file the AOS I-485 application. Then they can apply for I-765 with it.
Immigration law is complex and that is why you will need an attorney to fight for your right to stay in the United States.
Here at the Law offices of Abhisha Parikh we help our clients seek all immigrant and non-immigrant visas, permanent residency, and citizenship in the United States. We also represent clients in deportation proceedings and endeavor to keep families together.