November 28, 2023

Can Your Fiancé Get a Visa?

The journey to unite with a loved one from another country is filled with anticipation, excitement, and, admittedly, a fair bit of legal complexity. If you’re looking to bring your fiancé to the U.S., you might be wondering about the visa process and the potential hurdles that might come up. Understanding how fiancé visas work can help streamline the process, ensuring a smoother path to a life together.

With its rich legacy of more than 20 years of legal experience, Stacer, PLC can help those who have questions about immigration law and criminal defense.

Understanding the Fiancé Visa

A fiancé visa, officially known as the K-1 visa, is designed for foreign nationals who are engaged to U.S. citizens and wish to marry them in the U.S. Once granted, the visa allows the fiancé to travel to the U.S., get married, and subsequently apply for an adjustment of status to become a permanent resident. This is to occur within 90 days of arrival, but adjustment of status can occur if the marriage happens after that time frame.

Eligibility Criteria

Securing a fiancé visa involves a process where both the U.S. citizen and their foreign fiancé must meet certain requirements. These criteria are set to ensure the relationship’s legitimacy and uphold the integrity of the immigration process. Below is a breakdown of these crucial requirements:

  • Proof of Relationship: The U.S. citizen must demonstrate that they are engaged to the foreign national, in a genuine, bona fide relationship, and that both parties are free to marry.
  • Meeting in Person: Typically, the couple must have met in person at least once within the two years preceding the visa application. Some exceptions exist for specific medical, cultural or religious reasons.
  • Intention to Marry: The couple should marry within 90 days of the foreign fiancé entering the U.S. If that marriage occurs after that window of time, additional steps need to occur.

Criminal Charges and Visa Status

Be aware that a K-1 visa application can come with potential complications, especially if there is any criminal conviction history involved.

Stacer, PLC stands out among Michigan immigration law firms due to its dual experience in both immigration law and criminal defense. This positions our firm uniquely to handle cases where criminal charges might impact the immigration process. For instance:

  • If the U.S. citizen petitioner has certain criminal convictions, they may be required to provide additional information for the safety of the foreign fiancé.
  • If the foreign fiancé has a history of violations or crimes, including OWI/DUI, drug offenses, or other charges, it could affect the visa application. Beyond the immediate eligibility, a criminal history might result in prolonged processing times. The foreign fiancé might be subject to additional background checks, interviews, or requests for evidence.

With Stacer, PLC, you’re getting a legal representative who is deeply invested in ensuring your future is protected. Whether it’s handling immigration issues like visas and naturalization or defending against criminal charges, the team at Stacer, PLC can guide you every step of the way.

Contact a Michigan Immigration Lawyer

If you’re contemplating the path to bringing your fiancé to the U.S. or facing challenges that could affect your immigration status, don’t try to handle this situation alone. Reach out to Stacer, PLC online or at 734-453-7878 for comprehensive guidance and representation.