When a citizen of the United States is engaged to a non-citizen, they are able to bring their fiance to the country under lawful circumstances. This requires the non-citizen to apply for a visa to enter the United States so that they can marry and live within the country. This is called a K-1 visa, or more commonly known as a fiance visa. When a fiance is granted a K-1 visa, they must be married within 90 days of entering the country. If they do not, they are required to leave the country within 30 days. This status can lead to many benefits for an immigrant. Once the couple is married, the immigrant can apply to become a permanent resident of the United States with a Green Card.
Qualifications
In order for a couple to apply for a fiance visa, they must meet certain requirements. An important qualification is that the couple must have met at least two years before filing. In addition to this, they have to provide evidence of when they met. This can be done with an I-129F, which is available through the Department of State. Similar to other visa application processes, background checks must be conducted on the applicants after their paperwork is completed.
The Process
It is important to know that when a petition for a fiance visa is approved, it does not mean that the visa will definitely be granted. After the approval, the fiance must go through an interview and medical examination in their own country. During the interview, the fiance is assessed to see if they should be allowed into the country. Some of these assessments can include:
- If the fiance completed information about their fiance. This may include details about their family, past relationships or marriages, employment, etc.
- If the fiance is interested in the citizen they wish to marry and are serious about the marriage.
- If the fiance is a decent person of good moral character
During the interview for the visa, the fiance will be asked a series of questions that are required to be answered to determine their future status. This may include the following:
- Their name
- Where they were born
- Their nationality
- Their age
- If they have ever been to the United States. If they have, what type of visa did they come on? How long and where did they stay?
- If they have any relatives in the United States
- If they have ever been married before or if they have any children
Contact our Firm
If you are looking to apply for a fiance visa and seek the guidance of an experienced attorney, contact the Law Office of Christopher T. Howell, Esq. today.
