3 Things To Know About A K-1 Visa

If you are engaged to someone living in the United States and plan on moving to the U.S., then you will need to apply for a specific type of visa called a K-1 visa. Because this visa is awarded to engaged individuals, it is colloquially known as the "fiance visa." Many people assume that they just submit the paperwork, get the visa back, and live happily ever after—and indeed, it is sometimes this easy. However, there are some important things to know and consider about the fiance visa before you go about applying for one.

You only have 90 days to get married.

You might assume you'll apply for the visa, move overseas, and then start planning your wedding when you get around to it. But you'd best move faster than this. When you apply for the K-1 visa and the visa is issued, you are given 90 days to get married. Once you are married, you can apply for a green card to establish residence. But if you do not get married within those 90 days, your visa will be revoked. If you want to have a large wedding and do not think you'll be able to plan it within 90 days, then one option is simply to get married in the courthouse within the 30 days and have a larger ceremony and reception later on.

It's not the same as a spouse visa.

If you are not planning a large wedding, it may actually be simpler for you to just get married and then apply for a spousal visa. The spousal visa is know to be easier to obtain than the fiance visa since you'll already be married and there is not a stipulation of future marriage. 

Your fiance must be a U.S. citizen.

The K-1 visa is only granted if your fiance is a U.S. citizen. If they themselves have a green card or a visa of any type, you will need to apply for a different sort of visa. Perhaps you could apply for a student visa and continue your education in the U.S. Or maybe you could find a company that is willing to hire you and sponsor your work visa.

Applying for a K-1 visa can be a little harder than applying for other types of visas because of the requirement that you marry promptly after the visa is issued. If you would like additional guidance, reach out to a fiance visa lawyer who offers visa guidance. 

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