If you are a United States citizen and your fiancé lives overseas, you have an important decision to make. Should you bring your fiancé over to the U.S., or should you marry them overseas and then bring them over as your spouse? Factors such as timing, your personal preference as to where to hold the wedding, and expense can all play a part in your decision.
A fiancé visa, also known as a K-1 visa, is issued to a foreign national who is engaged and intends to marry a U.S. citizen. Before filing for a fiancé visa, a couple must show that they have seen each other in person within the last two (2) years. The foreign partner must marry the U.S. citizen within ninety (90) days of being admitted to the United States. The U.S. citizen partner must meet the income level of 100% of the federal poverty line. You must be able to establish that you have concrete wedding plans and that your relationship is bona fide.
A marriage-based visa requires that the foreign national be legally married to a U.S. citizen prior to applying for the visa. You must prove that your marriage isn’t fraudulent and that you are not married to anyone else. The U.S. citizen spouse must earn at least 125% of the federal poverty guidelines.
There are some other differences between these visas that should be considered, including:
If you are trying to decide between a fiancé visa and a marriage-based visa, then you should consult with an experienced immigration attorney. At Serving Immigrants, we can help you make the best decision for your family. Contact us online or call us at 305-924-1133 to schedule a consultation.