The Fiancée Visa permits a US Citizen (not Legal Permanent Residents) to apply for permission with a U.S Consulate abroad to allow his or her Fiancée to enter the U.S with a Fiancée visa.
An application for Fiancée Visa must be filled inside the United States by the US Citizen on behalf of his or her fiancée.
The U.S Consulate in the fiance’es country will only review this application after USCIS approves the fiancée petition.
The American citizen and his or her fiancée must marry one another within 90 days from the date the fiancée entered the United States.
If the marriage does not take place within 90 days or the fiancée marries someone other than the U.S. Citizen who filed USCIS Petition for the Alien fiancée, the fiancée will be required to leave the United States.
Until the marriage takes place, the fiancée is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancée may not obtain an extension of the 90-day original non-immigrant admission.
If the fiancée intends to live and work permanently in the United States, the fiancée must apply to become a permanent resident after the marriage. If the fiancée does not intend to become a permanent resident after the marriage, the fiancée must leave the country within the 90-day of the original non-immigrant admission.
The fiancée may enter the United States only one time with a fiancée visa. If the fiancée leaves the country before marriage, the fiancée may not be allowed back into the United States without a new visa.
Who is Eligible ?
- U.S. Citizen who will be getting married to a foreign national in the United States may petition for a fiancée visa classification (K-1).
- The US Citizen and the fiancée must be free to marry. This means that both the US Citizen and the fiance’e are unmarried, or that any previous marriages have ended through divorce, annulment or death.
- The US Citizen must also have met with the fianc’ee in person within the last two years before filing for the fiancée visa.
This requirement can be waived only if meeting the fiancée in person would violate long-established customs, or if meeting the fiance’e would create extreme hardship for the US Citizen.
You may also apply to bring the fiance’e unmarried children, who are under age 21, to the United States.
Will I Get a Work Permit ?
After arriving in the United States, the fiancée will be eligible to apply for a work permit.
How do I get a Green Card?
- Once inside the United States, the fiancée and the U.S Citizen have 90 days to marry.
- Once married, the now spouse of a U.S Citizen (and children if applicable) may be eligible for three immigration Service benefits.
- These include: 1. work authorization, 2. permission to travel abroad 3. Green Card
- The work and travel permits generally take from 60 to 90 days, while the green card can take on average from 6 to 12 months. Upon verification of a valid and legitimate marriage, the USCIS will issue the spouse a Conditional Permanent Residence card that will be valid for two years.
The above referenced material is the opinion of Francis Jerome Shea and should not, under any circumstances be considered to be taken as legal advice.
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