If you are the fiancé of an American who currently lives abroad and wishes to obtain a visa to come to the U.S. to marry, you must file first for a special fiancé visa, and then after your marriage, you may file for an adjustment of status to become a permanent resident to obtain a green card.
If you obtain a fiancé visa, you are not required to intend to live permanently in the United states. You can choose whether you want to continue residing in the U.S. after marriage.
Am I Eligible for a Fiancé Visa?
You are eligible for a Fiancé Visa if you intend to marry a U.S. citizen whom you’ve met within the last two years and are legally able to marry (not currently married). You must be able to prove these requirements through documentation. If the alien fiancé has children under the age of 21, they may also be eligible to immigrate to the U.S.
In order to be eligible for a k-1 Fiancé Visa, the requirements are:
- You must intend to marry a U.S. citizen. This can be shown through other types of evidence such as actual plans of a ceremony, marriage proceedings, or other types of marriage forms in preparation to get married with the US citizen.
- You must have met your future spouse within the last two years.
- Your future spouse must be an actual U.S. citizen and not just a permanent resident or a green card holder.
Also, it is required that you are legally able to marry. for example you must be the proper age and you must not be married to another person.
How Long Will It Take to Obtain My Fiancé Visa?
It may take six months to get the fiancé visa and then another year after your marriage before you receive a permanent visa.
Obtaining a K-1 Fiancé Visa is a long process and can take a long period of time. The multi-step process includes the U.S citizen filing a petition to the USCIS for approval. Then the foreign fiancé will have to provide additional documentation to the local US embassy in his/her country, and attend a medical exam and visa interview.
How Do I Apply for a Fiancé Visa?
- The American citizen must file form I-129 F, called a Petition for Alien Relative on behalf of their fiancé and proof of U.S. citizenship
- Each fiancé must file form G-325A, a biographical information sheet
- You must submit photos of your fiancé
- You must submit copies of divorce papers or death certificates if fiancé has been previously married
- Proof of permission to marry must be supplied if fiancé is younger than 16 years old
- Once the fiancé arrives in the U.S. you must be married within 90 days
- Once you are married, follow the instructions for Applying for a Marriage Visa
How Do I Find a Fiancé Visa Lawyer?
Immigration laws and the procedures for legal residency can be very complicated, particularly if English is not your native language. An immigration lawyer can make insure your application is accurate and complete which may expedite the process. An attorneymay also aid in your appeal should your application be denied.