Planning Considerations when Applying for a Fiancé Visa

Love respects no borders, and helpfully the U.S. immigration system allows citizens to bring a fiancé to the U.S. to get married. But anyone seeking a K-1 visa should work closely with an experienced lawyer to ensure the process goes smoothly. There are many considerations involving timing and whether you should possibly get married first and then apply to bring your spouse here. Contact The Law Office of Jason M. Sullivan, PLLC, to discuss these and any other issues. Our firm believes that careful planning upfront is the best choice for anyone seeking an immigration benefit.

Ensure You Can Get Married

The U.S. does not allow bigamy. You cannot be married to someone else and hope to sponsor a fiancé to come to the U.S. to tie the knot. Both spouses must be eligible to get married, which means your prior spouse has either died or you were legally divorced.

There is some confusion among people about this requirement. It’s a mistake to think you can hide a previous marriage which you did not dissolve. If you divorced, then make sure you have the necessary paperwork to prove that fact.

Identify a Date to Get Married

If you apply for a K-1 visa, then you must intend to get married within 90 days of your partner’s arrival.  You really don’t want to miss this deadline, which means you should plan carefully ahead of time.

Decide Whether to Marry First

The K-1 visa isn’t your sole option. You could also get married and then file an I-130, Petition for Alien Relative. The alien spouse then applies for an immigration visa abroad so that they enter as a permanent resident.

That might be the better option for you, depending on your circumstances. For example, your schedule might be tight, so marrying in the U.S. is too complicated. Or else you want to marry in front of family and friends, which you can only do outside the U.S.

Gather Evidence to Prove a Genuine Relationship

USCIS is afraid of fraudulent marriages entered solely to receive a green card. You will need ample evidence to prove a genuine relationship, including:

• Social media photographs showing you together;
• Hotel records;
• Air travel records;
• Financial records;
• Letters from friends and family attesting to the authenticity of the relationship;
• Proof of time spent together;
• Phone records and emails between you and your partner.

Some evidence might be in a foreign country, such as joint lease agreements or financial records. It is probably easier for the alien spouse to gather this information ahead of time before they come to the U.S. on a fiancé visa. We can help tick through other boxes to ensure that you are eligible.

Contact Our Law Firm to Discuss These and Other Issues

Applying for a fiancé visa takes considerable planning. Do not rush through the process and hope everything works out fine. Instead, schedule a consultation with a Portsmouth, New Hampshire or Miami, Florida fiancé visa attorney with our office.