Is a K-1 Fiancé Visa the Best Means of Entry?


There is plenty of pressure already when selecting your spouse, the person with whom you plan to spend the rest of your life. There’s even more pressure to ensure you’re taking the correct steps and making the best decision when it comes to marrying someone from outside the U.S.

When you are looking at options for your significant other to come over to the U.S., there are other avenues besides the K-1 Fiancé Visa. Depending on your situation, there are other options that will allow your significant other to come to the U.S.

Let’s take a look at some factors that play an enormous part in the steps you can take to bring your significant other into the U.S.

 Location! Location! Location!

We often talk about the importance of location in so many aspects of our legal practice. It’s most certainly a factor when looking at options to legally spend time and create a life with your significant other who is immigrating to the U.S. The keywords here are “immigrating to the U.S.” because the K-1 Fiancé Visa is intended to bring someone from outside of the U.S. This means that the K-1 Visa is not appropriate for someone who is already in the U.S. The Fiancé Visa is solely for those wishing to be married to a U.S. citizen, who are currently not in the U.S. 

Shows like 90 Day Fiancé make it seem as though the K-1 Fiancé Visa is the only way to make things work, but that is not the case. An experienced immigration attorney will assess your unique and specific situation and guide you down the best path that may or may not include applying for a K-1 Fiancé Visa.

Adjustment of Status

An option beyond a K-1 Visa is an adjustment of status. What does that mean? Adjustment of status is the process that you can use to apply for lawful permanent resident status when you are present in the United States. There are, of course, certain requirements that could make this an option for you and someone you hope to create a life with here in the U.S.

Our immigration attorneys will be able to assess your very specific situation and determine what’s best. Some of the considerations that are part of this decision are determining when a foreign national entered the United States, if they are currently outside the United States, whether they will be coming back anytime soon, and the purpose of any planned visits. There are many questions that an experienced immigration attorney will know to ask to ensure if you may get your permanent residence. 

It’s quite common to have clients call and say they’ve found no other options than the K-1 Fiancé Visa. However, we’ve been able to help them identify other means of entry. 

Therefore, before you waste immeasurable time and money applying for a K-1 Visa, please reach out to one of our experienced immigration attorneys here at Peek Law Group. We can guide you in the right direction. 

Be sure to continue tuning into our weekly coverage of the immigration issues that are important to you.

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