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Love – and a K1 Visa – Will Keep Us Together

Written By The Shapiro Law Group on August 07, 2010

If you are a U.S. citizen who has met Mr. or Ms. Right, but have concerns about their foreign citizenship presenting legal obstacles to your nuptials, then fear not. It is very likely that you can obtain what is known as a K1 Visa for your fiance (or fiancee).

As a citizen, you can petition for a K1 Visa for your future spouse, provided that:

  • You and your betrothed are legally eligible to marry under the laws of your country and the laws of the U.S.
  • Your fiance will marry you within 90 days of entering the U.S.
  • Your fiance will enter the U.S. solely to marry the petitioner
  • Your fiance has met you within the last two years before filing for the K1 visa (a requirement that can be waived only for reasons of cultural custom against meeting before marriage or extreme hardship that prevents a meeting)

The benefits of the K1 Visa are considerable and include:

  • Usually, a shorter waiting period compared to immigration visa petitions based on existing marriages
  • The ability to apply for a work permit on Form I-765
  • The ability to obtain a K2 dependent visa for your children if named in your K1 application

For more information about the family immigration practice of Ronald Shapiro, check out the family practice section of our Website.