Fiancée Visa Attorneys In Oakland

Nonimmigrant Visa for a Fiancé (K-1)

A fiancé visa, or fiancée visa, can be a useful tool for a United States citizen who plans to marry someone from a different country. 

The fiancé(e) visa, known officially as the K-1 nonimmigrant visa, allows a foreign national to enter the US for a specific period of time if he or she is engaged to be married to a US citizen and the purpose of the visit to the US is to actually conduct the wedding ceremony. 

It enables the citizen to legally bring his or her future spouse to the U.S. without having to go through the process of applying for a Green Card. Children of the non-US citizen fiancé(e) may accompany their mother or father to the US with a K-2 nonimmigrant visa.

If you have questions about the process of applying for a K-1 fiancé visa, get in touch with Landerholm Immigration, A.P.C. today at (510) 491-0291 or contact us online for a consultation.

K-1 Visa Requirements

In order to obtain a fiancé or fiancée visa, an applicant must prove that:

• He or she has the intent to marry, within 90 days of his or her arrival to the US. This can be accomplished by showing a history of correspondence (such as email or letters) with the man or woman in question, through a declaration that the couple has been dating for a period of time, through a picture of a ring, and so forth.
• Both parties are legally free to marry — specifically, both people need to be over the age of 18 and not currently married.
• That the couple has met in person at least once in the past two years, subject to some exceptions. For example, if this violates the couple’s strict cultural customs or if meeting would entail extreme hardship for one or the other, then they may seek a waiver of this requirement.

Once the fiancé(e) visa is issued, the subject of the visa enters the US, and the couple actually marries, the non-US citizen spouse may apply for a green card and remain in the US while their application is processed. 

If for any reason the couple does not marry within the 90-day limit for the fiancé(e) visa, the non-US citizen must exit the country or risk penalties for violating US immigration law.

Alternative: Marriage-Based Adjustment of Status

Help with Fiancé(e) Visas & Green Cards

Unfortunately, the process of obtaining a K-1 visa for your fiancé(e) can be an unpredictable and sometimes drawn out process, so it is vital that you plan far ahead for your future spouse’s entry to the US for your wedding. At Landerholm Immigration, A.P.C., we help our clients reunite with their future wives and husbands-to-be by obtaining fiancé(e) visas and Green Cards.

We can advise and represent you and your fiancé(e) if your situation involves:

• A wedding that you and/or your family wants to have in California or elsewhere in the United States
• A wedding that will occur overseas, an occurrence which often makes a Green Card a more attractive option than a visa
• Planning for the future regarding marriage and family concerns