What is a Fiance Visa?
A fiance visa, also known as a K-1 visa, allows for US Citizens to bring their fiance into the United States for the purposes of getting married. The couple must get married within 90 days from the day the foreign fiance entered the United States. If the marriage doesn't take place within the 90 days, the foreign fiance must leave the United States. If the marriage does take place within the 90 days, then the foreign fiance can apply for permanent residence (a "green card") based on marriage.
What is the benefit of a Fiance Visa?
The benefit of a fiance visa is that it allows US Citizens to have their fiance living with them in the United States. Although the 90 days limit can put stress on couples,
What the requirements for a Fiance Visa petition?
To start the process for a fiance visa, the US Citizen files a form I-129F with USCIS. The requirements for a fiance visa are:
- Prove that there is a bona fide intention to marry within 90 days of fiance's entry
- No legal impediments to marriage
- Have previously met in person within 2 years of filing petition (waivers available)
- The US Citizen petitioner must provide a criminal record if any.
Can my Fiance Visa be denied?
Yes, which is very important that you consult with an experienced immigration attorney before you embark with this process. Denials can result in not only frustration, but it can also affect the relationship. Some of the circumstances where Fiance Visas can be denied are:
- If marriage would not be legal, such as minors
- Where the fiance is inadmissible (waivers available)
- Prior petitions for 2 or more fiances and a previously approved petition was filed within 2 years.
- Petitioner has a record of violent criminal offences against a person
What happens after my Fiance Visa Petition is approved?
The next step is to begin the consular process in the home country of the foreign fiance. Once USCIS approves your K-1 Petition, the approval is sent to the US Consulate in the home country of your foreign fiance. A form DS-160 must be filed with the consulate. An interview is conducted and if approved, your fiance may enter the United States.
What if my fiance was in deportation proceedings before?
If your fiance was in deportation proceedings before, a fiance visa may still be approved if your fiance was granted Voluntary Departure. If your fiance has a removal order, then a fiance petition would be denied since a removal order bars them from entering the United States for a period of 10 years.
What if my fiance has minor children, can they qualify too?
Yes, fiance's children would accompany your fiance if the K-1 Petition is approved. If approved then they would qualify under a K-2 Petition. If your fiance has minor children, their K-2 application must be file together with the K-1. There are other requirements depending on the home country regarding minors being allowed to travel internationally if the other parent shares custody of the minor children.
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