Can I Visit My Home Country After Getting a Green Card in the United States?
If you are engaged to a foreign national and want them to come to the United States so you can marry and build your life together, a fiancé visa may be the right path. But like many aspects of U.S. immigration law, the process is detailed, document-heavy, and not always straightforward. At Monica Saran-Nace, P.C., we help couples in Queens and throughout New York City through the fiancé visa process. Contact a knowledgeable and skilled fiancé visa lawyer from Monica Saran-Nace, P.C. for an initial consultation today.
The fiancé visa, formally known as the K-1 nonimmigrant visa, is a U.S. visa issued to a foreign national who is engaged to be married to a U.S. citizen. This visa allows the foreign fiancé(e) to enter the United States for the purpose of getting married within 90 days of arrival. It is a temporary visa, but it serves as a critical first step toward obtaining lawful permanent resident status (a green card) after marriage.
The K-1 visa is unique in that it is designed solely for engaged couples. It is not available to spouses, unmarried partners, or fiancés of lawful permanent residents. Only U.S. citizens are eligible to petition for this visa on behalf of their fiancé(e). After the couple marries within the required 90-day period, the foreign spouse may apply for adjustment of status to become a lawful permanent resident without having to leave the United States.
Importantly, the K-1 visa is not a general travel visa, nor does it allow the fiancé(e) to work right away. Employment authorization requires a separate application. It is strictly meant to facilitate a legal marriage within a short window, after which immigration status can be adjusted through further petitions and applications.
To qualify for a fiancé visa, both parties must meet several specific requirements. First and foremost, the petitioner must be a U.S. citizen. Lawful permanent residents (green card holders) are not eligible to sponsor a fiancé(e) under this visa category.
Next, both individuals must be legally free to marry. This means that any prior marriages must be legally terminated through divorce, annulment, or death. Documentation proving the end of any previous marriages must be provided as part of the petition.
Another key requirement is that the couple must have met in person at least once within the two years prior to filing the petition. While there are limited exceptions to this rule for cases involving extreme hardship or cultural restrictions, most couples will need to demonstrate this in-person meeting through photos, travel itineraries, passport stamps, or other credible evidence.
USCIS will also require that the relationship is genuine and not entered into for the sole purpose of obtaining immigration benefits. This is a critical part of the review process. Evidence that can help prove the authenticity of the relationship includes:
Finally, both parties must intend to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S. This intention must be demonstrated clearly, and both individuals will be required to sign statements affirming their intent to marry during the visa process.
The fiancé visa process begins with the U.S. citizen filing Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). This form includes the petitioner’s information, the fiancé(e)’s details, and evidence supporting the legitimacy of the relationship.
Once USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC), which then forwards it to the U.S. embassy or consulate in the fiancé(e)’s home country. The foreign fiancé(e) will then need to complete Form DS-160, the Online Nonimmigrant Visa Application, and attend a visa interview at the U.S. consulate.
Before the interview, the fiancé(e) must undergo a medical examination by an approved physician. During the visa interview, a consular officer will review the relationship, ask questions, and examine the submitted documentation. If everything is in order and the officer is satisfied that the relationship is bona fide, the K-1 visa will be granted.
Once the fiancé(e) enters the U.S. on a K-1 visa, the couple must marry within 90 days. After the wedding, the foreign spouse can file Form I-485, Application to Register Permanent Residence or Adjust Status, to begin the green card process. At this stage, the applicant may also apply for employment authorization and, optionally, advance parole (permission to travel outside the U.S. while the green card is pending).
The adjustment of status process includes biometrics (fingerprinting), an interview at a local USCIS office, and a review of additional documentation. If USCIS approves the adjustment of status, the foreign spouse will receive a conditional green card valid for two years. To remove the conditions and obtain a 10-year green card, the couple must file Form I-751 during the 90 days before the two-year card expires.
It’s important to note that timing is essential throughout this entire process. Missing deadlines, submitting incomplete forms, or providing insufficient evidence can result in delays or denials.
Working with an experienced fiancé visa lawyer can help you avoid common pitfalls and ensure your case is presented clearly.
At Monica Saran-Nace, P.C., we know that a fiancé visa is more than just paperwork; it’s about bringing two people together to start a future. Our team takes the time to understand your unique situation, answer your questions, and provide guidance every step of the way. Contact Monica Saran-Nace, P.C. today to schedule a consultation with a knowledgeable and experienced Queens fiancé visa lawyer.
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