Can I apply for a K-1 Visa if I have not yet met my fiancé(e) in person?

In most cases you will need to have met with your fiancé(e) in person at least once in the two years leading up to the filing of the application. There are, however, some exceptions. If you can prove that meeting in person would result in extreme hardship or would violate strict customs of the non-US fiancé(e)’s religion or culture. If you believe you meet the criteria contact us to schedule your consultation with the attorney and find out if it applies to you.

Will the non-US fiancé(e) be able to bring their child with them to the US?

If the child is unmarried and under 21 years old, they can apply for a Visa to come with their parent before or after entering the US.

Will the non-US fiancé(e) be able to work after entering the US?

Once married and the application for adjustment of status is filed, a temporary work permit may be acquired. It is recommended to contact us to schedule your consultation in order to discuss it with the attorney first.

What is the difference between fiancé(e) Visa and spouse Visa?

You get a fiancé(e) Visa in order to come to the US and get married within 90 days. In order to get a spouse Visa, you need to already be married and for the non-US spouse to pursue an immigrant visa. If you are not sure what the best option is for you, contact us to schedule your consultation with the attorney and find out.

Can I get married to a US citizen or permanent resident to get a green card?

Marrying someone for the sole purpose of getting a green card is unlawful and may lead to legal action.

Do I have to get married in the US?

Not necessarily. If you’re interested in a Spouse Visa, the marriage can occur in any country you’d like. However, if the marriage occurs in the US, the non-US spouse will have to leave at their allotted time and wait in their country until the process is completed. If you’re interested in a Fiance(é) visa the marriage will have to take place in the US.

Do cohabitation agreements count as marriage?

No, cohabitation agreements are not the same as marriage and do not give any legal grounds for a Spouse Visa. They can, however, be used as proof of an established relationship both in cases of Spouse Visas and in cases of Fiancé(e) Visas.

How long does the process take?

Unfortunately, US immigration procedures take several months, sometimes even years. There is no way to know how long your procedure will take, as it depends on your case, how well documented it is, as well as on the workload USCIS and the Department of State have.

What documents do I need to get a green card?

Each case is different and the requested documents can vary. Indicatively, here is a list of the most common ones, if you want to start gathering documents for your case: A copy of your birth certificate A copy of your passport A copy of your current and previous Visas if there have been any A copy of your marriage certificate as well as copies of marriage certificates for any previous marriages and documentation of how those marriages came to an end (Divorce Decree in case of Divorce, Death Certificate in case of death of former spouse etc.) Photographs, tickets and any other proof showing that you have a real relationship A copy of the US spouse’s citizenship documentation (US birth certificate, Certificate of Naturalization, Green Card etc.)

FAQs Archive - Rokas Law Office PLLC

Can I apply for a K-1 Visa if I have not yet met my fiancé(e) in person?
In most cases you will need to have met with [...]
Will the non-US fiancé(e) be able to bring their child with them to the US?
If the child is unmarried and under 21 years old, [...]
Will the non-US fiancé(e) be able to work after entering the US?
Once married and the application for adjustment of status is [...]
What is the difference between fiancé(e) Visa and spouse Visa?
You get a fiancé(e) Visa in order to come to [...]
Can I get married to a US citizen or permanent resident to get a green card?
Marrying someone for the sole purpose of getting a green [...]
Do I have to get married in the US?
Not necessarily. If you’re interested in a Spouse Visa, the [...]
Do cohabitation agreements count as marriage?
No, cohabitation agreements are not the same as marriage and [...]
How long does the process take?
Unfortunately, US immigration procedures take several months, sometimes even years. [...]
What documents do I need to get a green card?
Each case is different and the requested documents can vary. [...]

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