West Harrison, NY asked in Immigration Law for New York

Q: Can i apply for a K1 Visa if i am a permanent resident who just returned to the US Territory about 3 months ago?

I was out of the country for more than 2 years due i received an approved Travel document which allowed me to stay and study out of the US territory. Actually my fiance lives in Panama which is where we met, we have been together for about 15 months so far. I want her to come and marry me here, cuz my plan is to live in US with her. Actually i work as a waiter and my income is about 21k annual based on my monthly salary that includes tips and hourly wage. I returned to US territory on May 2017. So i want to know if i can apply or which would be the best to apply for the K1 Visa. I want to have my fiance soon and if i go through the Spousal Visa it will take more time.

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1 Lawyer Answer
Matthew J Hartnett
Matthew J Hartnett
  • Immigration Law Lawyer
  • Collingswood, NJ

A: Unfortunately, only US citizens can file for a K-1 visa for their fiance. Consider discussing this in further detail with an immigration attorney to properly evaluate your options.

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