U.S. immigration can be complex, especially when it involves joining your fiancé(e), a U.S. citizen, or a lawful permanent resident (LPR). The U.S. Department of State provides two main visa options for fiancé(e)s: the K-1 nonimmigrant and B-2 visitor visas. Understanding the differences and appropriate circumstances for each can make your journey smoother—we discuss both the K-1 and B-2 visa options here.
K-1 Nonimmigrant Visa
Under the Immigration and Nationality Act (INA) 101(a)(15)(K), as outlined in 9 FAM 402.2-4(B)(1), a K-1 nonimmigrant visa is designed explicitly for the fiancé(e)s of U.S. citizens. This visa allows you to enter the United States and marry your U.S. citizen petitioner within 90 days of admission.
Eligibility Criteria
- Be engaged to a U.S. citizen.
- Intend to marry within 90 days of entering the U.S.
- Meet all other standard immigration requirements.
B-2 Visitor Visa
Interestingly, the fiancé(e) of a U.S. citizen or LPR may also be classified under a B-2 visitor visa in certain circumstances. This option is considered when the fiancé(e) intends to return to their residence abroad shortly after the marriage. Situations where a B-2 visa may be issued include:
- Meeting the family of the fiancé(e).
- Becoming engaged.
- Planning a wedding in the U.S.
- Renewing a relationship with the prospective spouse.
Fiancé(e) of Nonimmigrant in the United States
For fiancé(e)s of nonimmigrants residing in the U.S. under valid F, H, J, L, M, O, P, or Q status, a B-2 visa is the usual route, as per 9 FAM 402.2-4(B)(2). This is applicable if you:
- Have established a residence abroad that you intend to return to.
- Plan to marry a nonimmigrant in the U.S.
- Will apply for a change in nonimmigrant status post-marriage.
Key Considerations
- B-2 status is unsuitable if you intend to remain permanently in the U.S.
- Post-marriage, a status change must align with the nonimmigrant spouse’s visa category.
Conclusion
Choosing between a K-1 and B-2 visa depends mainly on your specific situation, intentions post-marriage, and your partner’s immigration status in the U.S. Understanding these nuances is crucial to ensuring compliance with U.S. immigration policies and avoiding any complications in your journey to marriage and potential residency in the U.S.
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You may have questions regarding marriage in the United States. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
