A person who is intending to marry a non-citizen and wants to bring that person to the United States so they can get married can apply for a K-1 visa, also known as the 90-day fiancé(e) visa. Depending on the case, this could be the fastest way to get the intending immigrant into the United States.

Applying for a K-1 visa can be complicated, but our skilled family immigration attorneys are here to help. Our Malden fiancé(e) visa attorneys can go over eligibility requirements with you and can guide you through the entire process to ensure no step is missed and all information and supporting documentation is included. We can help you avoid common missteps that could get in the way of you or your fiancé(e) coming to the U.S.

Fiancé(e) Visa Summary

To qualify for a fiancé(e) visa:

  • You must intend to marry your fiancé(e) within 90 days of arriving in the United States.
  • You and your fiancé(e) must be legally free to marry, with no other marriages or unresolved divorces.
  • You and your fiancé(e) must have met in-person within the last two years, unless there is a cultural or hardship issue that prevented this.

Additionally:

  • You and your fiancé(e) must marry within 90 days to apply for a green card through adjustment of status.
  • Your or your fiancé(e)’s unmarried children under the age of 21 may come to the U.S. with a K-2 visa.

How Do I Apply for a K-1 Visa?

First, the U.S. citizen must apply for a visa petition with USCIS in the United States. If the petition is approved, the case will be sent to the U.S. Consulate abroad for a visa interview and processing. When the consulate interviews the fiancé(e), they will decide whether to issue the visa. After entering the United States, the citizen and the immigrant have 90 days to marry and can then apply for a green card.

To apply for a green card after the marriage, you must apply for an adjustment of status and be interviewed in your local USCIS field office. For more information about the process, you can refer to our page: green card for spouses, parents, and children.

How Do I Prove Intent to Marry?

USCIS has specific pieces of evidence they require, and they also require proof of intent to marry. But how do you prove the contents of someone’s mind (and heart)? Our team has years of experience in preparing fiancé(e) visa cases and can help you prepare the right combination of evidence, affidavits, and other proof to make for a winning visa petition. Submitting affidavits in support of your intention is mandatory evidence, and our office can help prepare these affidavits for both you and your fiancé(e) – and the other proof you need.

Should I Marry First & File Form I-130, or Should I Apply for a K-1 Visa & Then Marry?

This is one of the most common questions that people ask during consultations in our Malden, Massachusetts immigration law office, but no attorney can answer this question without getting an excellent understanding of your situation, timeline, and goals. What works for one person may not work for another due to differences in family, culture, career, or schedule. We recommend an in-depth consultation with a qualified immigration attorney before making this decision.

Getting a Boston K-1 Visa Attorney’s Help with Your Application

We understand that this is a life-changing decision, and our team is ready to help. Get started today by arranging a confidential consultation with our immigration attorneys. You can pick the day and time you want to meet after filling out our simple intake form. If you want to book your appointment over the phone, you can call us to speak with our office.