The Fiance (e) Visa allows for a US Citizens only (not Legal 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 U.S Consulate abroad will only review this application after there has been an approved petition by the USCIS which must be applied inside the United States by the US Citizen on behalf of his or her fiancé(e).
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 filing USCIS Petition for Alien Fiancé, the fiancé(e) will be required to leave the United States. Until the marriage takes place, the fiancé(e) is considered a nonimmigrant.
If the fiancé(e) intends to live and work permanently in the United States, the fiancé(e) should apply to become a permanent resident after the marriage. (If the fiancé(e) does not intend to become a permanent resident after the marriage, the fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.
The fiancé(e) may enter the United States only one time with a fiancé(e) visa. If the fiancé(e) leaves the country before married, the fiancé(e) may not be allowed back into the United States without a new visa.
Who is Eligible
U.S. citizens who marry a foreign national may petition for a fiancé(e) classification (K-1) for their fiancé(e). The U.S Citizen and the fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.
You must also have met with the fiancé(e) in person at least one time within the last two years before filing for the fiancé(e) visa. (This requirement can be waived in certain circumstances)
You may also apply to bring the fiancé(e)’s unmarried children, who are under age 21, to the United States.
Will I Get a Work Permit?
After arriving in the United States, the fiancé(e) will be eligible to apply for a work permit.
How do I get a Green Card?
Once inside the United States, the Fiancé 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 immigration Service benefits. These include: 1. work permit, 2. travel permission and 3. 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.
Darren Silver & Associates, LLP has over 25 years of experience with Marriage based applications and Green Cards. Please contact our Office for a free initial Consultation.
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