Marriage Based Visa / Fiance
The fiancé (e) visa allows U.S. Citizens only (not permanent residents) to apply for permission with a U.S. Consulate abroad to allow his or her fiancé (e) to enter the U.S. with a fiancé (e) visa.
The marriage must take place within 90 days of the fiancé (e) entering the United States. If the marriage does not take place within 90 days or the fiancé (e) marries someone other than the U.S. Citizen, the fiancé (e) will be required to leave the U.S.
In order to be eligible for K-1/2 status, a foreign national must provide proof that:
- There is a bonafide (“Good Faith”) intention to marry
- There is an appropriate legal capacity to marry (Proper legal age, former marriages dissolved by annulment or terminated through divorce)
- The couple is willing to enter into a valid marriage within ninety (90) days after the fiancé (e) enters into the U.S.
- Prospective husband and wife have previously met in person within the two (2) years prior to filing a petition to receive K-1 visa status (This requirement can be waived only if meeting the fiancé (e) in person would violate long-established customs or if meeting the fiancé (e) would create extreme hardship for the U.S. citizen petitioner).
- The U.S. citizen may also apply to bring the fiancé (e)’s unmarried children (K-2), who are under age 21, to the U.S.
There are several steps involved in the fiancé (e) visa process. First, the U.S. Citizen must file the visa petition and supporting documentation with USCIS. The visa petition must be accompanied by specific evidence including but not limited to birth certificates, passport copies and a written declaration from the petitioner. Once the visa petition is approved, a consular interview will be scheduled at the U.S. embassy in the fiancé’s home country. The fiancé (e) must attend the interview and bring several pieces of evidence including, but not limited to, police clearance records, affidavit of support, and medical examination.
Once inside the U.S., the fiancé (e) and the U.S Citizen have 90 days to marry. Once married, the now spouse of a U.S Citizen (and children if applicable) may be eligible for:
- A Green Card (Upon verification of a valid and legitimate marriage, the USCIS will issue the spouse a Conditional Green Card that will be valid for two years)
- Employment Authorization (Giving the spouse and children the right to legally work in the U.S.)
- Travel Permit (Allowing the spouse and children to travel outside of the U.S.
The K-3/K-4 classification
The K-3/4 Visas have been instituted to allow foreign spouses and children of U.S. Citizens to enter the United States as nonimmigrants, in order to be reunited with their family while applying for immigrant status in the U.S.
In order to be eligible for K-3 status, the following requirements must be met:
- The beneficiary must be the spouse of a US citizen;
- Form I-130 (Petition for Alien Relative) filed on his/her behalf by his/her U.S. citizen spouse, must be pending with USCIS
- An I-129F petition for the Alien Spouse must be completed and submitted on his/her behalf by his/her citizen’s spouse to the USCIS.
The attorneys at the Law Offices of Yuri Tsyganov, PL have extensive experience in all issues concerning immigration law, including fiancée visa petitions. We know how the immigration process works and the questions you can expect during the consular processing interview as well as the adjustment of status interview. We will assist you every step of the way. Call today for a Free Consultation.