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New Jersey K-1 Fiancé Visa Lawyer

How Do I Bring my Fiancé to the U.S. to Get Married?

If you are a U.S. citizen and are engaged to be married to someone who resides outside of the U.S., you may apply for a fiancé visa. The fiancé visa will allow the fiancé to enter the U.S. for 90 days. During that time, the marriage must occur and the U.S. citizen spouse must file a petition with USCIS to obtain conditional permanent residency (green card) which will allow the spouse to legally reside in the U.S. on a conditional basis. Fiancé visas are also available for same-sex relationships and special handling is available if the fiancé will experience danger while processing abroad.

To begin the process, the US citizen spouse will file an application with USCIS seeking a K-1 visa for his/her fiancé. Upon approval, the visa petition is sent to the U.S. consulate abroad through the National Visa Center.

The consulate in the country that the fiancé is residing in will contact the fiancé to obtain additional forms, schedule a medical examination and schedule an interview. Once the visa is issued, the fiancé must enter the U.S within four months and the marriage must occur within 90 days of entry.

What are the Requirements for a Fiancé Visas

  • Must have met in person within two years of filing the petition
  • The spouses must have a bona fide intention to marry
  • Must be able and willing to conclude a valid marriage within 90 days of arrival

A waiver may be available to assist individuals in circumstances where extreme hardship or cultural/social practice prevents certain criteria from being met. However, if the parties do not marry within 90 days as required, the fiancé and any dependents that traveled with them will be required to depart the U.S. or may be subject to removal.

What Documents are Needed for the K-1 Visa?

  • Proof that you have met in person within the last two years: photos, emails, cards, etc.
  • Original birth certificate translated into English
  • Current passport and two passport-style photos for identification
  • Police certificates from countries the alien has lived in for more than 6 months since his/her 16th birthday
  • Medical examination (to be scheduled before the consulate interview)
  • Divorce certificates of your previous spouse(s) if you have been married before, translated into English
  • Proof of intent to marry
  • Affidavit of Support

Additional Information Required for Applications

One of the principal reasons that couples encounter issues with the visa application is that they are not prepared with all the documentation and information required by the government. Failing to have the required documents will cause processing delays or denials.

Once the parties marry an additional application must be submitted to the USCIS with proof of the marriage. USCIS may schedule a state side interview to verify the information presented. If approved the spouse will receive a conditional green card. The green card is valid for two (2) years and must be renewed at least ninety (90) days before the expiration date. Failure to renew will cause the spouse to be placed into Removal Proceedings.

What Documents Do I Need to Renew My Green Card?

  • Proof of commingled finances such as bank accounts and credit cards
  • Proof of that the parties are residing together
  • Photos of life together
  • Proof of Insurance together
  • Joint tax returns
  • Birth certificates of children born of the marriage

What Happens if We Separate or Divorce?

If a divorce occurs before the conditional green card is renewed, it is still possible for the foreign spouse to file to remove the conditions and obtain a permanent green card. However, an application cannot be submitted until the divorce is final, even if it is submitted late. The application must be submitted with the divorce certificate, along with proof that the marriage was one entered in good faith and not for the purpose of obtaining an immigration benefit.

Do I Need a Lawyer for Fiance Visa Issues?

If you want legal advice and assistance concerning your fiancé visa application call our immigration law office today and schedule an initial consultation. During this time, we will review your immigration history and decide whether you qualify. Additionally, we will look at your complete immigration history along with the immigration status of your family to determine if there is another path available. Only an immigration lawyer can give you legal advice.

Practicing since 1987, our firm has the resources, knowledge, and skills necessary to achieve your goals. We have helped thousands of immigrants achieve their goals and resolve their issues. We provide you with the insight and legal advocacy you need. Let's immediately begin working on your case to achieve those goals. In addition, we will keep you informed and educated about the process every step of the way. Contact us today to discuss your case.

Do not leave your loved one's future to chance. Schedule an initial case consultation with our experienced and dedicated New Jersey immigration attorneys today!

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4713 Bergenline Avenue
Union City, NJ 07087

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Common Questions

  • I am a fiancée of a U.S. citizen living outside the U.S. How can I enter the U.S. to marry?

    Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.

  • I live in the U.S. and I am marrying a U.S. citizen. How can I get a green card and become a permanent resident?

    Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.

  • I live outside the U.S. and I married a U.S citizen. How can I come to the U.S. to live?

    To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.

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Our Founding Attorney Lloyd E. Bennet, Esq. is one of the rare attorneys with as many as 30 years of experience who still possess the drive to learn more and better advocate for his clients. Immigration law is a field that changes constantly as world politics unfold and new leaders front the United States. In order to stay on top of this, Attorney Bennet serves as Chapter Chair for the American Immigration Lawyers Association’s New Jersey Chapter, a position that requires conducting and attending conferences and public presentations to analyze changes in immigration law and what they could mean for our clients. His role in the immigration law community keeps his representation on the cutting edge.

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