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Understanding the K-1 visa

by | Jan 12, 2021 | Immigration

Often referred to as the “fiancé visa,” the K-1 visa has become much more well-known thanks to the TLC reality TV show “90 Day Fiancé.” For residents of California who are trying to find a way to get legal U.S. residency for their spouses, there is plenty of information about the K-1 visa and the process that can be lengthy and complicated.

Basic requirements

While there are plenty of citizenship requirements to meet before receiving a K-1 visa, some of them are quite basic. For instance, the sponsoring partner must be a legal United States resident, and both parties must be legally able to marry at the time of filing. There will also be an inquiry by the Department of Immigration where the validity of the relationship will require verification through photos, travel itineraries and other means.

Same-sex marriage questions

The K-1 visa is available for same-sex couples, even if the home country of the applicant does not recognize such relationships. Since the United States recognizes homosexual marriage, it does not matter if the home country of the applicant does as long as the relationship is legitimate.

90 days to get married

Once the application goes through and both partners are in the United States, the couple has 90 days to get legally married. Should the couple decide not to get married or fail to marry within the 90-day window, the applicant partner is legally required to leave the United States.

There are many forms and interviews that will take place during the K-1 visa process, many of which need legal representation. Finding an attorney who is well-versed in the immigration process can ensure that you and your significant other are able to legally pursue the future that you have dreamed of.