As the common saying goes, love knows no borders. However, when it comes to U.S. fiance visas, there are several important elements to keep in mind. The fiancé visa process demands careful attention to detail, extensive documentation, and an understanding of strict immigration requirements. Before you start this important journey with your partner, several key aspects of the fiancé visa process deserve your attention. In this informative legal guide, we will point out everything you need to know before embarking on your fiance visa journey.
In order to qualify for a fiance visa, you must meet several critical requirements. Both parties must be legally free to marry, providing official documentation of any previous marriage terminations through death certificates or divorce decrees. The couple must prove they have met in person within the preceding two years, though rare exceptions exist. Moreover, the partner filing on behalf of their fiance must be a legal U.S. citizen. While we will delve deeper into other requirements later in this article, such as the stipulation that the couple must marry within 90 days, these initial criteria are crucial.
U.S. immigration services will not simply take your word for it that you and your fiance are in love - you will have to prove that you plan to marry each other and are in a legitimate relationship. Both you and your fiance will be required to assign affidavits under oath that you intend to marry, and that you are in a bona fide marriage. In other words, this means you must demonstrate that you and your partner are entering into a good-faith marriage and not solely aiming for immigration benefits. A great way to establish that you have a bona fide marriage is to provide substantial evidence of a genuine relationship. This could include email or text message correspondence, photographs, evidence of trips you have taken together and signed affidavits from family members or friends.
If you are applying for a fiance visa, you must keep in mind that you need to have met your fiance in person at least once within the last two years. Skype or Facetime meetings, regardless of their duration, will not fulfill this requirement. Petitioners must provide concrete evidence of their meeting through documentation such as passport stamps, flight itineraries, hotel reservations, and photographs together at identifiable locations. Limited exceptions to this requirement exist only in cases of extreme circumstances, for example, in rare medical situations. Immigration officials will not typically accept the excuse that you have not met due to financial constraints.
Once your foreign fiancé steps foot in the United States, you have exactly 90 days to get married. In most cases, this deadline is strict and non-negotiable. The clock starts ticking from the moment they clear customs at their U.S. port of entry. At first glance, three months might seem like plenty of time to arrange a wedding. However, keep in mind that you will need to face several bureaucratic hurdles before your marriage - such as obtaining a marriage license. In order to speed up the process and ensure you are married within the necessary timeline, you may want to consider working with a specialized immigration attorney. Your lawyer will work with you and your fiance to ensure all paperwork is filed correctly and on time.
The U.S. citizen who files the visa application on behalf of their fiance will have to show that he or she has sufficient income to support his or her fiance upon arrival into the country. The government sets specific income thresholds based on federal poverty guidelines. If your income falls short, you may be able to use assets which you own to meet the requirements. Further, you might need a joint sponsor to step in. They are legally binding themselves to potential financial responsibility for your fiancĂ©, so it is important to take sponsorship seriously. Consult with an experienced immigration attorney to get personalized assistance in this area.Â
Obtaining a fiance visa does not technically mean you are immediately authorized to work in the United States. After being admitted to the U.S. on a K-1 visa, you may file Form I-765, which is the Application for Employment Authorization. If approved, the work authorization is valid for only 90 days after the individual’s entry into the U.S. While you may be eager to start working on your K-1 visa when you arrive in the country, it is critical to wait for proper authorization. Failing to do so can result in financial penalties, ineligibility for a green card and even deportation.
Understanding key aspects of the fiance visa application process helps minimize delays and complications that could keep you and your future spouse apart. While these tips are helpful, consider consulting with an immigration attorney who specializes in fiancé visas to ensure your petition has the strongest possible chance of approval. Your lawyer will be able to assist in making sure you fulfill all of the necessary requirements, meet critical deadlines and set you up for success in your fiance visa journey. Schedule a consultation with one of our experts at Attorney At Law today.
