Fiancé(e) Visas for USA

 

In this day and age it is more and more common for two people to fall in love from across the world- whether online, through travel, or a chance encounters that lead to lasting relationships. A question we are asked frequently at ilexlaw, pllc is what to do as a U.S. Citizen when you have fallen in love with a foreign citizen and wish to live in the United States as a married couple. There are several options available:

Option 1: Marry Outside of the U.S. and enter with a Green Card

Couples that would like to marry (or are already married) outside of the U.S. can apply for a Green Card while the new spouse is outside of the U.S. so long as the marriage is valid in the place it was performed. For more information on this process, please visit our GREEN CARD THROUGH MARRIAGE web page.

Unfortunately, this option often results in considerable time apart for the couple as they seek to begin their new lives together in the U.S. Therefore, many of our clients seek a second option:

Option 2: Fiancé(e) Visa

If you foreign fiancé(e) resides outside of the United States and you would like to be married within the U.S., a fiancé(e) visa provides a solution.

To be eligible, you (the U.S. Citizen) must demonstrate that:

  1. You are a U.S. citizen.
  2. You intend to marry within 90 days of your fiancé(e) entering the United States.
  3. You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  4. You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    1. A. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice; OR
    2. B. If you prove that the requirement to meet would result in extreme hardship to you.

The attorneys at ilexlaw, pllc will work with you to prepare the important fiancé(e) visa application. If approved, we will assist your fiancé(e) in obtaining a visa from a U.S. Embassy or Consulate abroad. Your fiancé(e) will need to undergo a medical exam and an interview in order to receive the visa (also called the K-1 visa). After approval, your fiancé(e) is able to come to the United States.

*** After your fiancé(e)’s arrival, the two of you MUST legally marry within 90 days! ***

After you are legally married, your fiancé(e) can apply to adjust status and get a Green Card. Your new spouse will also be eligible to study for work authorization. Your fiancé(e)’s children may also be eligible to come to the United States.

For more information and to learn how you can bring your foreign citizen fiancé(e) to live with you in the United States, contact ilexlaw Team.