In the United States, fiancés residing outside the U.S. are only eligible for a fiancé visa if they are engaged to marry a U.S. citizen.

If you are the fiancé of a U.S. permanent resident who is not yet an American citizen, then you must be married before you are eligible for a visa. You may be placed on a waiting list in order to gain entry to the U.S.

What If I Intend to Marry a Permanent Resident Who Gained Entry Through Marriage?

If you are seeking to gain a green card by marriage to an American permanent resident who became a permanent resident by marriage to a U.S. citizen, you may not be approved if your spouse’s previous marriage occurred less than five years ago. However, there are two exceptions to this rule:

  1. If your spouse’s previous marriage ended in death, or
  2. If you can show by clear and convincing evidence that you married for love and not for the purpose of evading immigration laws than you may still be able to apply. See the article on Fraudulent Marriages for more information.

Do I Need an Immigration Lawyer?

If the USCIS finds that your marriage is a sham entered into for the purpose of obtaining a green card, you may be deported. An immigration lawyer can inform you of your options and can help with your application.