On Behalf of  | May 16, 2022 | Family-Based Immigration |

As a U.S. citizen, a K-1 visa allows you to bring your foreign fiance to the United States if you intend to marry within 90 days of his or her arrival.

The K-1 visa comes with strict conditions. Avoid these common K-1 visa mistakes to ensure a smooth process.

Misunderstanding the eligibility requirements

In order for your future spouse to qualify for a K-1 visa, you, as the sponsor, must be a U.S. citizen, and you will need to marry within 90 days of your fiancee’s arrival. You both must be legally allowed to marry. With some exceptions, you should have met your fiancee in person at least once within a two-year period prior to filing the visa application.

Missing the 90-day marriage deadline

A K-1 visa automatically expires after 90 days and is not eligible for an extension. If you fail to get married within this period, your fiance and his or her children will need to leave the U.S. or potentially face deportation.

Failing to file for an adjustment of status

Soon after your marriage, your new spouse will need to file for an adjustment of status with the United States Citizenship and Immigration Services. This filing will require him or her to submit documentation, and you both will likely need to appear for an interview. The application process can take time. If the marriage is less than two years old when USCIS approves the petition, your spouse will receive a conditional green card.

Though marriage is exciting, it can also come with some uncertainty, particularly if your future spouse is a citizen of another country. Understanding the requirements of a K-1 visa can help prevent a mishap from getting in the way of your happy union.