Nonimmigrant Visas for Marriage

If you are a U.S. citizen who falls in love with a foreign national, it can be very important for you to bring your spouse or fiance/fiancee to the United States to be united or married. There are special nonimmigrant visas available from the U.S. Citizenship and Immigration Services, or USCIS, that can be used to bring your significant other to the U.S.

First, if you have a foreign fiance or fiancee, you can apply on behalf of your significant other for a K-1 visa. However, there are several requirements that you must meet when applying for a K-1. You must be a U.S. citizen, and both you and your future spouse must be legally free to marry. That means all previous marriages must be legally annulled, divorced, or have ended in death.

Next, you and your future spouse must plan to marry within 90 days of your fiance/fiancee’s arrival to the U.S. Lastly, you must have seen each other at least once in the previous 2 years unless you meet a special exemption status. After it is approved, your betrothed can come to the U.S. so that you can get married.

If you have a foreign spouse, a K-3 visa allows that person to come to the U.S. to be with you while he or she applies for permanent residency. Again, the petitioner must be a U.S. citizen. If your marriage occurred outside of the United States, you must apply for the K-3 visa from the U.S. consulate in the same nation where your marriage occurred.

After 2 years, K-1 and K-3 visa holders must apply for a change in status to become legal immigrants, permanent residents, or other such members of the United States. Additionally, they can apply for work and travel visas through USCIS as well.

If you wish to bring your spouse or significant other to the U.S. to be united again, it can seem like a daunting application process. However, an experienced immigration attorney can help. To discuss your situation, contact a knowledgeable Orange County immigration lawyer from Garg & Associates, P.C. today.

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