Schwartz Posel Immigration Law Group
Phone: 678-813-1936

Who is eligible for a fiance visa?

The immigration process is complex and often difficult to navigate. The laws seem to be constantly changing, and it's difficult to know what how you can move forward with your specific immigration goal. If you are looking to apply for a fiancé visa, it's in your interests to learn more about what to expect from this process and how you can avoid potential complications.

There are strict eligibility requirements for those who wish to apply for a K-1 fiancé visa. Not everyone who wants to apply for one is eligible, and not all applications receive approval. If you wish to bring your fiancé into the United States from another county, the first step is to file a specific form and plan to marry within 90 days of his or her arrival in the country.

Who is eligible for this type of visa?

If you wish to bring your fiancé to the country with this type of visa, your engagement must be valid. This means that you must have the intent to start a life together and establish yourselves in the United States as a married couple. After the marriage takes place, the non-citizen would then be able to apply for permanent resident status. You may be eligible to apply for this type of visa if the following apply to you:

  • You are already a citizen of the United States.
  • Both parties are legally able to marry, meaning that any previous marriages legally ended with death or divorce.
  • You plan to marry within the required amount of time after the fiancé enters the United States.
  • You and your fiancé have met and seen each other at least one time within the last two years. Exceptions to this would include religious or cultural customs or extreme hardship.

Meeting the eligibility requirements is only the first step. There are other things you will have to do to complete this process. While the immigration process is lengthy and complicated, you do not have to walk through it alone.

You will find it beneficial to work from the very beginning with an experienced Georgia immigration attorney. He or she can explain eligibility requirements, explain your next steps, help you with the appropriate paperwork and provide guidance when complications arise. If you are unsure of where to begin or what to learn more about your rights, it can help to start with a complete assessment of your case.

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5500 Interstate North Parkway
Suite 450 RiverEdge One
Atlanta, GA 30328

Phone: 678-813-1936
Fax: 770-951-1113
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