Fiancé Visa vs. Getting Married in the United States: Exploring Your Options

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Are you and your fiancé eager to start your life together in the United States? While the prospect of a dream wedding in the U.S. may seem appealing, there are essential factors to consider before making any hasty decisions. In this blog post, we’ll explore the advantages of obtaining a fiancé visa (K-1 visa) versus coming to the United States to get married, highlighting potential pitfalls and legal consequences you should be aware of.

To get married on a K-1 visa, also known as a fiancé(e) visa, there’s a specific timeline you need to follow. Once the foreign fiancé(e) enters the United States on a K-1 visa, the couple must get married within 90 days. This is a strict deadline set by U.S. immigration law. Failure to marry within this period can result in the fiancé(e) being required to leave the United States.

After the marriage, the next step is to apply for an Adjustment of Status for the foreign spouse to become a lawful permanent resident (i.e., obtain a Green Card). It’s important to be mindful of this timeline and ensure that the wedding plans are in place so that the marriage can occur within this 90-day window.

Advantages of a Fiancé Visa (K-1 Visa)

1. Legal Compliance: Obtaining a K-1 fiancé visa ensures that you follow the proper legal procedures. It allows your fiancé to enter the United States with the intention of marrying you within 90 days of arrival.
2. Smooth Transition: Once married on a K-1 visa, the transition to permanent resident status (green card holder) is relatively straightforward. You can apply for adjustment of status, eliminating the need to leave the country after marriage.
3. Avoiding Travel Costs: With a fiancé visa, your fiancé doesn’t need to make multiple international trips. Coming to the U.S. just to get married and then returning home can be expensive and time-consuming.

Traps and Pitfalls of Getting Married in the U.S.

1. 90-Day Limit for K1: Failing to marry within this timeframe can lead to legal consequences, including deportation.
2. Risk of Overstay: If the wedding plans are delayed or canceled, your fiancé may end up overstaying their visa, which can have serious consequences for future immigration processes.

Your Trusted Immigration Advisors

Navigating the complexities of U.S. immigration laws can be challenging, but you don’t have to do it alone. Our experienced immigration attorneys are here to help you make informed decisions and ensure a smooth immigration process.

If you’re considering adjusting your status through marriage or have questions about fiancé visas, don’t hesitate to reach out. We’re available to provide guidance and answer any inquiries you may have. Contact us today at 602-989-5000 to speak with our immigration experts. Your future in the United States is important to us, and we’re here to assist you every step of the way.