Understanding a Fiancé Visa and Immigration Law

If you, a U.S. citizen, meet someone who lives outside of the U.S. and decide that you want to get engaged and later married, you will need to understand immigration law and how to get your foreign born fiancé to the U.S. on a K-1 visa. This type of visa allows your fiancé to come to the U.S. and arrange for a marriage within three months. Once you're married, your spouse can apply for permanent residency.


While you can fill out the paperwork and handle the process yourself, you may benefit from hiring an attorney. A fiancé visa attorney in NJ can often help those in both New Jersey and New York handle visa matters for engaged couples. Because there is a ton of paperwork and forms to fill out, and because the law can change at any time, hiring an attorney will ensure that you do everything correctly to get your fiancé over to the U.S. and become legally married before the three-month deadline.

Laws Regarding Your Fiancé

It would be great if the government would accept that you've met someone and want to get married. However, there are complex laws governing the fiancé status, and you must meet those laws to become legally married on U.S. soil. In order for the U.S. to grant a K-1 visa, you and your fiancé must be legally free to marry. This means that neither of you can be in the middle of a divorce, or, obviously married. In most cases you will have had to meet within the last 2 years, although there are exceptions to this rule. A fiancé visa lawyer in NJ can go over all of the criteria with you to ensure that you're handling everything appropriately before applying for a K-1 visa.

Children of Non-Citizens

One reason to hire an attorney is if children are involved. An experienced fiancé visa attorney in NJ will know exactly what you need to do to ensure that the non-citizen fiancé's children have the necessary paperwork and forms to apply for separate visas. The attorney can also help walk you through the process of obtaining the proper medical exams and vaccinations that is required for entry into the U.S. There are so many intricate details involved in immigrating a non-citizen for the purpose of marriage that using an attorney will ease the process and give you peace of mind that everything is in order.