If you want to bring your foreign fiance home for Thanksgiving Dinner, you will want to make sure that you do it legally.
If your betrothed just arrived in the U.S. on a visitor’s visa and you intend to get married right away, then there is a strong presumption that the visa holder had an intention to remain in the U.S. permanently when they applied for a visa. This could result in arrest and deportation for deceiving an immigration officer.
On the other hand, if you met your true love in the U.S. and dated them for a significant period of time after they legally arrived here on a visa of some kind, then your chosen one might qualify for a permanent residence green card in conjunction with a K-3 spousal visa.
When your true love lies over the ocean, however, it is necessary to apply for a K-1 fiance visa to bring them here legally. This process could take anywhere from a month to several months, depending on the circumstances.
The U.S. Embassy or Consulate in the fianc’s country will no doubt wish to conduct an interview to assess the authenticity of the marriage intention, and the couple will need to demonstrate that they have met in person some time within the last two years prior to the K-1 filing.
If the K-1 is approved, you will then need to get married within 90 days of your fianc entering the country or risk deportation once again.
If you are looking for legal assistance with a K-1 or K-3 visa application, do not hesitate to call our office at (847) 564-0712, and/or check out the pertinent section of our Website for more information.