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The process of securing a fiancé visa

| Sep 9, 2020 | Uncategorized

We often do not have a choice with whom we fall in love with. For many individuals in Maryland, the desire to marry another one is driven by love rather than arrangement. Thus, when one’s love is not constrained by the boarders of the United States, this often means bringing their intended spouse to the U.S. However, this process is not simple and requires a specialized visa to allow the individual into the country specifically to marry a U.S. citizen.

Obtaining a fiancé visa

If you are an American citizen and you seek to bring your foreign fiancé to the United States with the intention of getting married, the first step in the process is filing a Form I-129F, which is a Petition for Alien Fiancé. This is the first step in the process of securing a K-1 visa, which is often referred to as a fiancé visa.

In order to obtain a K-1 visa, the U.S. citizen and foreign fiancé must intend to marry one another within 90 days of entering the United States on their K-1 visa. Additionally, the marriage must valid, which means that both partners have a bona fide intent to establish a life together and it not for the sole purpose of obtaining immigration status.

When the couple is married within this 90 window, the immigrant spouse is able to apply for lawful permanent resident status. This is known as a Green Card.

Eligibility

There is certain criterion that must be met in order for one to obtain a fiancé visa. To begin, one spouse must be a U.S. citizen. Next, both partners intend to marry one another within 90 days of the fiancé’s admission to the U.S. on a K-1 Visa. Third, both partners are legally free to marry. This means that any prior marriages have been terminated by divorce, annulment or death. Finally, both partners have met one another in person at least once in the 2-year period prior to filing for a K-1 visa. It is possible to file a waiver for this requirement if meeting in person would violate strict and long-established customs or result in extreme hardship.

Going through the process of obtaining a fiancé visa may seem straightforward, but it can come with some obstacles ad a waiting period. Thus, it is important to not only be aware of the process but ways you can overcome any issues that may present themselves.

 

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