May I Obtain a K-1 Visa for My Fiancee if I am Not a US Citizen?

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I would like to file a K-1 Fiancee visa petition for my fiancée.  However, I only have a green card.  Can I apply for the Fiance Visa  anyway?

One of the requirements for obtaining a K-1 Fiance visa is that the petitioner must be a United States Citizen.

If you only have a green card (you are a lawful permanent resident) then you cannot have a K-1 fiance visa approved.  If you think that you qualify for citizenship (you should talk to an Immigration Attorney to make sure that you do qualify) then you should seriously consider filing for your US Citizenship.

Do not file your K-1 fiancee visa petition until you actually have become a United States Citizen.  If you have merely filed to become a U.S. Citizen you do not qualify to file a K-1 fiance visa. You actually need to be a U.S. Citizen in order to meet this requirement.  Fiance visa cases are regularly denied when petitioners file their fiance visa cases before they are ready to be filed.  Make sure that you qualify to file your fiance visa.

If, for some reason you do not qualify to become a US Citizen then in order to bring your fiance into the United States you would have to marry your fiance and then do a marriage based visa as a lawful permanent resident.  The waiting period, if you follow this route, will be substantially longer.

If you are thinking about filing a fiance visa you should read our blog post: “ Top 10 Things You Should Know About the Fiance Visa Process.”

This post is under Fiance Visa Attorney and Fiance Visa Lawyer . This article is just a basic introduction to this topic. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

Lawrence Gruner is a Fiance Visa Attorney with over 20 years of experience handling fiance visa and other immigration cases. He handles Immigration cases throughout  the United States and the World. He may be reached toll free at 888-801-6558 or you may email him at attorneygruner@gmail.com

He would be happy to talk to you about all of your immigration options and help you put together an immigration plan.  There is no charge for the initial consultation.

The information provided on this site is not legal advice but general information only. Laws do change and additional laws may apply in your case. Every case is different. Please contact our office or the office of another immigration attorney to review your matter prior to filing any documentation with USCIS.