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How much do you know about bringing your betrothed to the U.S.? - II

In our last post, we started discussing how no matter how stressful and time-consuming wedding planning can prove to be, it can rapidly become even more so for those who need to bring their foreign national fiancé here to the U.S.

This, of course, is due in large part to the need to secure what is known as a K-1 nonimmigrant visa, which allows a foreign national fiancé to enter the country for 90 days in order to attend the marriage ceremony. 

In today's post, we'll continue our discussion of the requirements governing the fiancé visa.

Are there exceptions to the requirement for an in-person meeting?

To recap, the petitioner for a K-1 nonimmigrant visa must be able to demonstrate that they have met their foreign national fiancé in person at least once during the two years prior to their filing.

There are, however, two exceptions to this requirement that would necessitate a waiver:

  • You can show that the in-person meeting requirement would cause you extreme hardship.
  • You can show that the in-person meeting requirement would violate the longstanding and strict customs of either party's culture or social traditions.

How long does it take to secure a K-1 nonimmigrant visa?

While U.S. Citizenship and Immigration Services is sensitive to the fact that people are trying to solidify their wedding plans, the reality is that every case is different and, as such, processing times vary. However, officials do indicate that processing times for the Form I-129F (i.e., the Petition for Alien Fiancé) can be monitored via the agency website.

What if the wedding ceremony doesn't take place within the 90-day timeframe?

The K-1 nonimmigrant visa allows the foreign national fiancé to enter the country for no more or no less than 90 days. In the event the wedding ceremony doesn't take place within this timeframe, the visa cannot be extended and the foreign national fiancé will be required to leave the country. Failure to do so could result in deportation and adversely affect future attempts to enter the country.

Please consider speaking with a skilled legal professional if you have questions or concerns relating to the K-1 nonimmigrant visa, or concerns regarding another family immigration matter.

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