If you a have fiancé that resides in a foreign country, it is possible to bring them to the United States and begin your new lives as a married couple in the United States. However, if you enter into this process without the proper, accurate information, you may find yourself buried in delays and red tape. Let’s take a look at the fundamentals of the fiancé visa and what it takes to attain one.
According to the United States government website, a fiancé visa is a non-immigrant visa granted to a foreign national who is engaged to be married to you.
This document will grant them permission to enter the United States and offer them legal status up to the date of the wedding. This document is also referred to as a K-1 non-immigrant visa.
Qualification Requirements for a Fiancé Visa
Keep in mind that the Department of Homeland Security has qualifications in place that have to be met in order to start this process.
You, as the petitioner, must be a United States Citizen.
There must be an intent to be married within 90 days of your fiancé entering the U.S.
Both you and your fiancé must be legally able to get married. This means any previous marriages must be legally terminated by means of divorce, death, or official annulment.
You have to have met each other in person at least once within the 2 years preceding the applications filing date. There are a couple of exceptions to this rule:
1. If there is a precedent that a meeting would violate long-established traditions of your fiancé’s culture or social practices.
2. If you can offer proof that a meeting in person would result in extreme hardship to you.
If you meet all of these qualifications you will need to File Form I-129F, Petition for Alien Fiancé(e) with the United States Citizenship and Immigration Services (USCIS).
What Is the Process of Applying for a Fiancé Visa?
Here are a couple of the steps that are involved in this process.
- Classifying Petition – You file form I-29f and supporting documents of proof, which recognizes the intended foreign national as your fiancé. Then the USCIS reviews the documents to ensure that both parties are legally able to be married, and can meet the 90 day marriage requirement. After that a background check is performed on both parties. If all of this passes muster your petition will be approved and then sent to the National Visa Center (NVC) then forwarded to the embassy where your fiancé will apply for the k-1 visa.
- Visa Application – The NVC notifies the petitioner when it is time for his or her fiancé to apply for the Fiancé Visa. They will then be directed to a U.S. embassy in their country to submit any required documents. A consular review is conducted to make sure the relationship is bona fide. A decision is then made as to whether or not the K-1 visa will be issued. If approved, the visa will be issued and will be valid for six months and a single entry.
How Long Does it Take to Get a Fiancé Visa?
The above procedure will take a minimum of six months.
However, it can be a much longer process if there are any unforeseen complications during the application process.
Do I Need an Attorney to Get a Fiancé Visa?
While it is perfectly legal to file all of these forms yourself, it is not necessarily a good idea. One mistake can cost you weeks of effort, or result in the entire process having to be started over.
We recommend the best practice of hiring a legal professional to ensure the process goes smoothly from start to finish.
The attorneys at Michael Brooks-Jimenez, P.C. can help you with your fiancé visa, as well as any other family immigration matters. We handle green cards, H1-B visas, citizenship, employment visas and complex deportation cases.
We care about the attorney-client relationship and always offer access to attorneys that speak English and Spanish.
Contact us today. We will make sure your immigration needs are met with prompt, professional, and compassionate legal attention.