Abe's INS Fiancée Visa
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Attorney Profile:
John Roth Fiancee Visa Lawyer (1) (2) (3)
K1 Fiancée Visa
The majority of our clients are Americans who wish to marry a foreigner residing overseas.
Since the vast majority of foreigners cannot qualify for a simple visitor visa or business visa, the primary emphasis of our practice is the K1 Fiancée Visa. Though it involves substantial and precise paperwork, it is a highly effective means of inviting a fiancée to the United States for the purpose of marriage.
The K1 Fiancée Visa allows a U.S. citizen to invite his or her fiancée to America for a period of 90 days, during which time the fiancée must either marry the petitioner or return to his or her home country.
Relative & K3 Visas (for spouse)
We also represent clients who wish to marry their fiancée in a foreign country and thereafter invite the spouse to the U.S. on a Relative Visa.
How Do You Qualify?
In order to qualify for a Fiancée Visa, you must meet the following main requirements:
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You are a U.S. citizen (there is no comparable visa for permanent residents)
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You have met your fiancée within the previous two years
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You and your fiancée are both legally free to marry
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You and your fiancée both have a serious intention to marry within 90 days of your fiancée’s arrival in America.
Cases of Exception
A provision in the law may exempt the petitioner from meeting the requirements. It reads as such: "if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary's foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day." INA § 214.2(k) (2). Unfortunately, such waivers are very rarely granted by the USCIS. The "extreme hardship" exception has been interpreted by the USCIS to mean something very close to "impossible". It generally is available only to people who are so disabled that it is impossible for them to fly. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving their situation to the government's satisfaction. |