How Do I Bring My Fiancé(e) to the United States?

You must submit a K-1 visa petition for your Fiancé(e), and then he or she can apply for a K-1 visa at a U.S. consulate abroad. After your fiancé(e) enters the U.S., the marriage must take place within 90 days. Otherwise, your fiancé(e) will be required to leave the U.S. before the expiration of the 90 days stay. If your fiancé(e) marries you after the 90 day period or marries someone other than you, he or she may be unable to maintain his or her legal status in the U.S. Usually, your fiancé(e) may not obtain an extension of the 90-day original nonimmigration admission.

If My Fiancé(e) Leaves the U.S. without Marrying, Can He/She Come Back to the U.S.?

If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.

Who is Eligible for a K-1 Visa?

An U.S. citizen’s fiancé(e) is eligible to apply for the K-1 visa. Both you and your fiancé(e) must be free to get married. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Can My Fiancé(e) Work in the U.S.?

After arriving in the United States, your fiancé(e) will be eligible to apply for a work permit from USCIS. If your fiancé(e) applies for adjustment to permanent resident status after marriage, he or she must re-apply for a new work permit.

How Can I Appeal if the K-1 Petition is Denied?

If your petition for a fiancé(e) visa is denied, you may appeal within 33 days of receiving the denial by mail. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC.

Can a K-1 Visa Holder Apply for a Green Card?

The U.S. citizen petitioner can apply for a green card for the K-1 fiancé(e) after their marriage, ie. the U.S. citizen can apply for a green card for his/her new spouse. The K-1 holder will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

How can the Conditional Green Card be Converted to a Permanent Green Card?

Within 90 days of the two-year anniversary of the issuance of the conditional green card, the foreign spouse can apply for removal of the condition on the green card to obtain a 10-year permanent green card. Both the U.S. Citizen spouse and the foreign spouse must sign the application form for the purpose of establishing that the couple is still married. If the couple is no longer married and/or the U.S. Citizen spouse refuses to sign the form, the foreign spouse must prove the marriage was entered into in good faith, and not for the purpose of obtaining a green card, by providing additional facts.

Will Divorce Affect the Possibility of Obtaining a Permanent Green Card?

It is wise to wait to get divorced until the condition on the temporary green card has been removed. However, if the divorce happens before the approval of the permanent green card petition, the foreign spouse may still obtain a permanent green card, as long as he or she can show the marriage was entered into in good faith. The key is to prove you had a genuine marriage.

The above is intended as a general introduction and should not be construed as legal advice or legal opinion for your particular case. Please contact the Law Offices of Yu & Associates with any specific questions. Tel: (301) 838-8986, Email: syu@yulegal.com, Address: 110 N Washington St., Suite 328E, Rockville, MD 20850.