How the Fiancé Visa Process Works
Fiancee A Fiancé visa is a program by the United States Citizenship and Immigration Services (USCIS) allowing U.S. citizens to bring their foreign fiancee into the United States in order to get married. The U.S. citizen must first file a K-1 Visa petition in the United States with the Department of Homeland Security.
The petitioner awaits the approval of the petition. Once approved, it will be forwarded to the US Consular Office in the country where the foreign Fiancée resides. The U.S. Consulate will inform the foreign Fiancée of the approved petition and set a date for an interview.
Requirements of a Fiancé visa:
- The petitioner must be a U.S. citizen;
- The couple must get married within 90 days upon arrival of your fiancée entering the United States. The K1 visa is effective for 90 days and the beneficiary has to leave the U.S when marriage took place on or before its expiry date. Moreover, the Fiancé visa cannot be changed to some other visa,
- You and your fiancée must be free to marry each other. Any prior marriage must be legally terminated with a divorce decree, death, or annulment certificate before entering into marriage.
- The couple must have met each other in person within 2 years of filing K-1 Visa petition. However, when meeting each other is not physically possible, a waiver is required. The following instances require a waiver:
- the requirement to meet personally would violate strict and long-established customs of your or your Fiancée foreign culture or social practice; and
- If you can prove that the requirement to meet each other would result in extreme hardship to the petitioner.
After the marriage, what is next?
After the marriage that should take place within 90 days from Fiancée’s entry to the United States, the couple must file for adjustment of status to a “Green Card” petition for the wife to remain legally in the United States. Initially, the wife will receive a temporary card that makes the individual a Conditional Permanent Resident of the United States. More importantly, if the wife wants to remove the “Conditional” status, she must file an application to remove the conditional status during the 90-day period prior to the two-year anniversary of the issuance of the Conditional Green Card. When the Adjustment of Status is filed and awaiting approval, the spouse can now apply for work authorization and permit to travel allowing the wife to leave and re-enter the United States.
Fiancé visa help
To help you fill-up your Fiancé visa application and other visa requirements, visit the USA Citizenships website at www.usacitizenships.com and personally talk to our immigration lawyers at (888) 940-0044.
