What are the qualifications for a fiance or fiancée visa?
A fiance of a U.S. citizen is eligible for a fiance visa (K-1) if she is:
- Legally eligible to get married under the laws of the U.S. and her home country.
- Intends to marry her fiancée within 90 days of arriving in the U.S.
- Enters the United States solely to get married.
After we get married, is my spouse automatically a U.S. citizen? No. You can’t automatically transfer citizenship to a spouse. However, after your marriage you must file an immediate relative petition on her behalf which if approved will grant her conditional status. She will become a conditional Lawful Permanent Resident, but will otherwise enjoy all the benefits of legal status.
My fiancé is not a United States Citizen or Lawful Permanent Resident and lives outside of the United States. I want to sponsor her for a green card does it matter where we get married? If you want to get married in the United States, you have two options: (1) your spouse could enter the U.S. on a visitor (B-2) visa but your spouse will have to return home after the marriage; (2) alternatively, you can file for a K-1 visa which will allow her to enter the U.S. for 90 days in order to get married. After the marriage you will have to file an immediate relative petition for your spouse and she will receive a conditional lawful permanent resident. If you want to marry in the home country of your fiancé, you will need to file an immigrant visa after the marriage.
We will not marry within 90 days of fiance’s arrival to the U.S., can I still apply for a fiance visa? No. If the marriage will take place within 90 days from her arrival to the U.S. then you can’t file for a K-1 visa.
My Fiance Will Come to the U.S. Soon, and We Will Marry Soon After. Can I File for K-1 Visa? No. If the marriage will take place within 90 days from her arrival to the U.S. then you can’t file for a K-1 visa.