Fiancé Visas (K Visa)
Fiancé visa or K – Visas permits a United States Citizen to petition for his or her fiancé, including the same sex, that lives in another country. This visa allows the fiancé of the U.S. Citizen to enter the United States and remain in the United States under the condition of getting married within 90 days of entry.
This type of visa is a great choice to bring a loved one and file for the immigration process while he or she remains in the United States. However, if the circumstances changes and the engagement is broken, the immigrant must go back to their home country. Otherwise, it would be unlawful in the country and be put in removal proceedings.
Questions and Answers about Fiancé Visas
How long does it take for the whole process? It can take around six months. The times can vary depending on the caseload for that particular country.
Can I bring someone of the same sex? Yes. Since the federal government recognizes same-sex marriages, couples from the same sex can sponsor their partner.
What happened if the engagement is off? If the engagement is off, the non-US Citizen person must return to their home country.
What happens if I meet someone else and fall in love? If you entered the United States with a K-Visa and you are no longer engaged to the sponsor U.S. Citizen. You must go back to your country. If you have a new love, that person would need to start the process over.
What happened if I was previously married? To get married. Both parties must be single and have legally terminated any marriage.
What happened with any convictions or immigration violations? The foreign fiancé must not have committed any crimes or any immigration violations. Such as attempting to enter the U.S. illegally or overstaying your visa.
Do I need to be making much money to sponsor my fiancé? You must be employed and have filed taxes. If you do not meet the income guidelines, you may find a co-sponsor for the financial affidavit.
Do I have to marry within 90 days? Yes, you are required to get married within 90 days. You are not required to submit the immigration paperwork within 90 days. You can submit the paperwork after that time.
My fiancé has a child. Can the child come to the U.S. with my fiancé? Yes, a child can come to the United States as long as the child is under the age of 18.
What if I still have more questions, or do I not see an answer to my question on this site? Please contact us. We are here to answer any questions and help you with the process of sponsoring your fiancé.
Photo by Ronny Sison on Unsplash
E. Gonzalez, Esq.
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