Call (650) 373-1122
March 24, 2023

Should I obtain a Fiancé(e) Visa or Get Married First?

A commonly asked, but very complex question is whether someone should obtain a Fiancé(e) Visa or get married. The first thing to know is you must be a U.S. citizen to apply for a Fiancé(e) Visa (also known as a K-1). Fiancé(e) Visas are typically processed quicker by USCIS and the U.S. Consulates. If the fiancé(e) has children over 18 but under 21, they are allowed to accompany the fiancé(e). However, Fiancé(e) visas can only be granted outside the U.S.; if the fiancé(e) is inside the U.S., the U.S. citizen must get married to his/her fiancé(e) to be allowed to file an immigration petition (also known as adjustment of status). To qualify for a K-1 visa you are required to have physically met your fiancé(e) within the past two years before filing. If your fiancé(e) is currently in the U.S., and they are otherwise qualified to adjust their status, we typically recommend getting legally married and filing an adjustment of his/her status. We strongly suggest consulting with a competent attorney before taking any action.

ALERT: If your fiancé(e) is traveling to the United States on ESTA, visitor visa or other certain visas with the intention of getting married and remaining permanently in the United States, very serious legal implications can arise at airports/borders of entries. Schedule a consultation with an attorney before he/she travels.

Let’s start today.

Book a virtual or in person consultation.

Let’s start today.

Book a virtual or in person consultation.