Marriage and Fiancé Visas

Immigration Visas for Engaged and Married Couples

Marriage and fiancé visas are a particularly important area of our practice. Getting married or engaged is exciting and should be one of the happiest times of your life, but unfortunately with delays and the various legal issues that may arise regarding a marriage or fiancée visa, the process can become unnecessarily complicated. That is why we recommend working with a New Jersey immigration attorney at The Law Offices of Lloyd E. Bennett, Esq., P.C. on any visa or other immigration-related matters you may be dealing with. We understand how to properly address all of the paperwork involved with a fiancée or marriage visa and can effectively handle any potential issue that may arise. You can count on our professionalism and attention to detail in these important matters.

Obtaining a Fiancée Visa (K-1) When you are engaged to be married and your fiancée resides in a foreign country, a United States citizen may apply to allow their fiancée to enter the U.S. for a 90 day period. Upon entry, the fiancée can then apply for conditional permanent residency. Although this visa originates within the United States, the application is forwarded by the U.S. to the Consulate abroad. The home country of the fiancée will thereafter contact that individual for additional forms to be filled out and to schedule an interview. Processing of this application can take several months. Once the visa is granted, it must be used within four months of issuance to enter the U.S. Visa applications can be complicated and require careful attention to detail and documentation in order to have them approved in a timely manner. Some documentation requirements include:

Valid passport
Birth certificate
Divorce or death certificates from prior spouse
Police certificate of good conduct from residences since age 16, and where he/she has resided for six months or more
Medical examination
Proof of financial support in the United States
Proof of valid relationship (photos, e-mails, correspondence, receipts)
Photographs (Two photographs 1 and ½ inches square (37x37mm), showing full face, against a light background)

There are certain requirements that the USCIS demands be met in order to qualify for a fiancée visa. They include:

Met in person within two years of the date of filing the petition. A waiver is available if this results in extreme hardship to the petitioner or it violates strict cultural or social practices;
Have a bona fide intention to marry;
Are legally able and actually willing to conclude a valid marriage in the United States within 90 days after the fiancée arrives

If the parties do not marry within 90 days as required, the fiancée and any dependents that traveled with them will be required to depart the U.S. or will be subject to removal.

Having a professional immigration attorney from our firm is the best way to achieve success in obtaining a fiancée visa. We have assisted thousands of individuals with their immigration needs.

Spousal Visas (K-3) When a United States citizen is married to a foreign national, the family is entitled to apply for a non-immigrant K-3 Spouse visa that allows the family to remain together in the United States while awaiting the completion of the immigration process. Although spouses can apply for a family visa, there will still be a waiting period. The spouse may also apply for a work authorization, with a properly approved I-130 visa petition. The K-4 is for children under 21 years of age, but they must adjust their status to green card holder before reaching the age of 21.

While this visa is applied for in the U.S., it is thereafter forwarded to the foreign country's consulate. The consulate will contact the spouse for additional forms to be filled out and for an in person interview. This process can take several months. Once the K-3 visa is issued, it is valid for two years.

Documentation is required when applying for this type of visa. The paperwork needed is:

Valid passport
Birth certificate
Divorce or death certificates from prior spouse
Police certificate of good conduct from residences since age 16, and where he/she has resided for six months or more
Medical examination
Approved I-130 & I-129F
Photographs (Two photographs 1 and ½ inches square (37x37mm), showing full face, against a light background)

New Jersey Immigration Attorney

Hiring a capable attorney to assist with the preparation of documents and help facilitate the immigration of your fiancé or spouse can be extremely beneficial. We have aided thousands of individuals with immigration matters, and are intimately familiar with the laws and procedures that govern this area.

Contact a New Jersey immigration attorney at our legal office for guidance in issues pertaining to the immigration of fiancés and spouses.