Immigration Law

Bringing Your Fiance / Fiance to the U.S.

(For simplicity, we will use the word "fiance" whether speaking of a male or a female.)

Bringing your fiance to the U.S. for marriage will require some sort of visa for him or her. In the United States, the only visa available for the purpose of marriage is a fiance visa (K-1 visa). Unfortunately, there is no other visa available for those who want to enter the U.S. in order to get married.

In order to file a petition for your fiance to enter the U.S. on a K-1 visa, the following requirements must be met:

1. You must be a U.S. citizen.

2. You must have met with your fiancée in person within the previous two years.

3. Both you and your fiance are legally free to marry.

4. You meet certain minimum income requirements.

5. Your fiancée does not have a criminal record.

6. Your fiancée has not violated certain U.S. immigration laws.

You may also apply (on the same petition) to bring your fiancée’s unmarried children, who are under age 21, to the United States. Legal permanent residents may not file petitions for fiancée visas, although they may petition for the immigration of their new spouse after the wedding

Once the visa petition is filed in the U.S., it takes approximately four to six months to obtain approval. Once the petition is approved, an interview will be scheduled for your fiancée in his or her home country. If the case is approved, your fiancée will be issued a K-1 visa in their passport.

Your fiancée must remain unmarried until the arrival of the fiancée in the United States. The marriage must take place within 90 days of your fiancée entering the United States. If the marriage does not take place within 90 days or your fiancée marries someone other than you (the U.S. citizen filing the petition), your fiancée will be required to leave the United States.

Finally, many people who intend on marrying in the United States try to obtain a tourist visa to enter the U.S. since the time it takes to obtain a tourist visa may be much less than that of a fiancée visa. However, if someone marries while visiting you on one of those visas, their legal status in the USA will be questionable, and they may be refused permanent resident status on the basis of visa fraud if Immigration Services believes that their aim of visiting United States was simply for marrying a U.S. Citizen.

The decision by the Supreme Court will certainly reduce the number of people who are deported from the United States each year for minor drug offenses. The Supreme Court also made it easier for some immigrants convicted of drug possession under state law to remain in the country.

For more information about immigration news, immigration laws, immigration policies, proposed immigration laws, border enforcement, green cards, citizenship, employment visas, family visas, naturalization, and other immigration subjects, please visit Immigration Law Answers and DFW Immigration Law Blog.

From Immigration-Law-Answers-Blog posted 2006-12-06.