When your partner lives in the United States and you live in a different country, in order to be next to your loved one, you need a visa, but which one? The answer is simple: a tourist visa. However, in some cases, the K-1 visa may also be valid.
If a fiancé(e) wants to enter the United States to marry an American citizen, he or she may apply for the K-1 visa.
Visitor’s Visa
If this is your case, you need a visitor’s visa, also known as “tourist visa”. A good option is to use an invitation letter written by the boyfriend or girlfriend living in the United States.
It is important to know that the visit should be for less than 90 days (there is an exception for Spanish or Chilean visitors who can travel without visas because of the Visa Waiver Program).
A frequent problem is that the Consulate may suspect that the visitor intends to stay illegally in the United States.
It is also a problem when the visa applicant cannot prove strong family or economic ties in the country in which he or she lives. This is precisely one of the reasons why the visa application is denied.
Visa for Foreign Fiancés
If the couple is made up of an American and a foreigner, and they are getting married in the United States on the following 90 days after the foreigner’s arrival in the U.S., the latter needs a K-1 visa for fiancés. This type of visa can only be requested by American citizens.
You are only allowed to marry the person who sponsored your visa. You have 90 days to get married after your arrival, but if there is no marriage, you have to leave the country.
It is very important to avoid mistakes while visiting your partner in the United States, because your visa may be cancelled.
This is why you need to get the right advice before applying for a visa. Please consult a professional in the field. Beltran Brito LLP has long experience in guiding immigrants in the process of applying for a visa or Green Card.