Can Anyone Get a Fiancé Visa?

 Posted on May 22, 2024 in Fiancé Visa

Many people dream of bringing their foreign fiancé to the United States to get married and start a life together. The K-1 nonimmigrant visa, typically known as a fiancé visa, allows the partner of a United States citizen to enter the country for the purpose of marriage. However, not everyone is eligible for this type of visa. A United States lawyer can help you explore the requirements and potential obstacles.

Eligibility Requirements

To qualify for a K-1 fiancé visa, the following criteria must be met:

• The petitioner (U.S. citizen) and the beneficiary (foreign national) must be legally free to marry and intend to do so within 90 days of the beneficiary’s admission into the U.S.

• The couple must have met in person at least once within the two years prior to filing the petition. However, there are exceptions if meeting violates customs or causes extreme hardship.

• The petitioner must meet certain income requirements to demonstrate he can financially support his foreign fiancé.

Impact of Family Violence and Criminal History

When it comes to fiancé visas, a history of family violence or criminal convictions can complicate the process. If the U.S. citizen petitioner has been convicted of certain violent crimes, including domestic violence, he may be ineligible to sponsor his foreign fiancé unless he can prove he poses no risk.

If the foreign national beneficiary has a criminal record, his eligibility for a fiancé visa may be compromised. The severity and nature of the crime, as well as how long ago it occurred, will be taken into consideration. In the case of a misdemeanor, the impact on the visa application will depend on the specific offense and circumstances surrounding the conviction.

Waivers and Exceptions

In some cases, individuals with a history of family violence or criminal convictions may still be able to obtain a fiancé visa through waivers or exceptions. For example, if the petitioner can demonstrate that his criminal conviction was related to being a victim of domestic violence, he may be eligible for a waiver.

Similarly, if the foreign national beneficiary’s criminal conviction meets certain criteria, such as being a misdemeanor with a sentence of less than one year, he may still be eligible for a fiancé visa. However, these situations are evaluated on a case-by-case basis and may require additional evidence and processing time.

Contact a United States Immigration Attorney

While the K-1 fiancé visa provides a pathway for U.S. citizens to bring their foreign partners to the country for marriage, not everyone is eligible. A history of family violence or criminal convictions can make the process more complex, but in some cases, waivers or exceptions may be available. Call Abogado de Inmigración at 844-464-4727 for a free consultation with a U.S. immigration lawyer.