A fiance visa can get a foreign person that you intend on marrying into the United States.
If you intend on marrying a foreign person, a fiance visa can get your potential spouse into the United States and pave the way for your marriage as well as his or her permanent residency, and eventually citizenship. Here are a few things you need to know about how the fiance visa works.
1. You need to have met your fiancée in person in the last two years. USCIS does not want mail order brides. You will need to prove that you have met your fiancée face to face sometime in the past two years. Meeting on Skype is not a face to face meeting. You may be able to get a waiver to this face to face requirement based on medical or religious reasons. You can show that you have met your fiancé via a date stamped photo of the 2 of you together. Other helpful evidence includes: entry visas showing you visited your fiancée in her home country, hotel receipts, restaurant receipts,copies of plane tickets, affadavits of friends or family members who witnessed the 2 of you meeting in person.
2. You must not have filed more than two fiancée visas in the past nor had an approved fiancée petition in the last two years. The U.S. Citizen petitioner must not have 2 or more K-1 petitions pending at any time or had a K1 visa approved in the past 2 years. Once again, a waiver is available but there is no guarantee that it will be granted. Also, the Beneficiary will very likely be asked about the U.S. Citizen’s previous petitions. If she cannot answer these questions then this will look bad at the interview and could result in the case being denied.
3. You must make over 125% of the poverty guidelines or have a joint financial sponsor. The poverty guidelines change every year. Look at form I-134 for information as to how much income you must make to support your fiance to qualify. If there are other dependents involved (your fiance has children or you have children etc. then those people must be included in your calculation. You can also meet this requirement if the U.S. Citizen owns enough assets or has a co-sponsor who is willing to be involved. However, some consulates/embassies will not allow you to use a co-sponsor to meet the requirements of the I-134 form. If the U.S. Citizen does not have enough income from a job or self employment to meet this requirement then you should consult with an experienced immigration attorney.
4. You cannot have been convicted of certain crimes. You, the US citizen, must not have been convicted of a variety of crimes such as domestic violence and homicide. If you have crimes in your past you should have them reviewed by an experienced immigration attorney.
5. You and your fiancée must both be free to get married at the time you file your petition. This means that you are both unmarried (not separated or in the process of divorce) at the time the petition is filed with USCIS. If you were previously married then you need to prove that the marriage is over. This can be proven by a certified divorce decree or death certificate. You also must be old enough to get married.
6. You must get married to your fiancée within ninety days of your fiancée entering the United States. In addition, your fiancée will only be able to marry you (she cannot substitute someone else in your place) once she comes over on her fiancée visa. If she enters the United States on a fiancée visa and does not marry you within 90 days then she will need to return to her home country.
7. Your fiancée must not have: a dangerous physical or mental disorder; a communicable disease; or committed serious criminal acts (including drug trafficking and prostitution). Also, you fiancée must not be: a drug addict; likely to become a public charge (welfare recipient); or ineligible for citizenship. If you have any of these issues you must work with an attorney to see what may be done to overcome them.
8. Your fiancée must not have violated U.S. immigration laws. He or she cannot have used fraud or other illegal means to enter the United States. Also, other problem areas include: overstaying a previous visa; violating the terms of your visa; entering the U.S. without a visa; and working in the United States without authorization. Consult with a competent Immigration Attorney if you are dealing with any of these issues.
9. You must show USCIS that you intend to marry your fiancée. You both must have a bona fide intent to get married to your fiancé within 90 days of her arriving in the United States. You can both prepare and sign affadavits which will indicate how you met and how the relationship developed. It will also include a statement that you both intend to marry each other within 90 days of your fiancée’s arrival in the United States. You should also provide evidence that your relationship is bona fide. This would include copies of letters, emails, phone records. In addition you can provide evidence of any engagement party you had (photos etc.)
10. You must be a United States Citizen. Lawful permanent residents (green card holders) cannot submit fiancée petitions. If you are a green card holder you should look into the possibility of becoming a United States Citizen as soon as possible.
You may prove you are a United States Citizen via your birth certificate, U.S. Passport, or Certificate of Naturalization.
These are only the Top 10 Things To Know About the Fiance Visa Process. There are many other things you should know about before you apply for a fiancé visa. Feel free to call our office at 888-801-6558. We would be happy to consult with you, free of charge, about the K1 Fiance Visa Process.
If you do meet these restrictions then a fiancée visa is likely to be approved. If your fiancée has minor children these children can come to the United States on K-2 visas. These visas are automatically granted upon the fiancée visa being granted.
If you do not meet these restrictions then the fiance visa process will not work for you. However, you may be able to go to your fiancee’s home country, marry her, and bring her into the United States on a marriage visa. The requirements for a marriage visa are outside the scope of this article. You should consult with an experienced immigration attorney to review your situation.