If your sweetheart hails from another country you are probably wondering how to get him or her in your territory as fast as possible, perhaps to meet your family, plan the wedding or just to spend some time together before the big day.
If your significant other is not a United States citizen, you can get a fiancee visa by filing a petition with USCIS – i.e. The United States Citizenship and Immigration Services. The document is known as the ‘Petition for Alien Fiancee’ or Form I-129F. Once the petition is approved, your fiancee has to obtain a visa issue by a United States Embassy or consulate abroad.
If you get a fiancee visa approved, once your fiancee enters the U.S. the wedding must take place within 90 days of his or her arrival.
If (horror of horrors) he or she does not marry you within this time or marries somebody else (!) then your fiancee must leave the United States. Until the marriage takes place your fiancee will be deemed a foreign national seeking to temporarily enter the United States for a specific purpose i.e. a ‘non-immigrant’. As such, he or she is not allowed to obtain extensions of the 90 day non-immigrant admission period.
If he or she wants to live and work permanently in the United States, an application for permanent residency must be applied for after the marriage. If he or she does not intend to become a permanent resident they will be required to leave the country within the original 90 day non-immigrant permission granted when you get a fiancee visa.
Remember that after he or she arrives in the country, your beloved will initially get a ‘conditional’ permanent residence status for a period of two years following your marriage. This is granted when the marriage is less than two years old at the time of adjustment to permanent residence status.
If you get a fiancee visa granted it is valid for a ‘once only’ entry to the United States. If he or she leaves the country before the marriage, a new visa will have to be applied for.
Here are some interesting facts on how to get a fiancee visa:
* Immigration Law
A fiancee visa is governed by the Immigration and Nationality Act (INA). For specific eligibility requirements and information on the procedure for application consult the Code of Federal Regulations (CFR). This will give you the required rules for application.
* Who is Eligible to Get a Fiancee Visa?
Any United States citizen who will be getting married to a foreign national in the United States may apply for a fiancee (K-1) classification for their significant other. If you apply you are required to provide proof that you are both free to be married. If any previous marriage has ended via death, divorce or annulment proof must be provided of this.
You are also required to have met with your fiancee in person within the past two years before making the application. It is possible that this requirement may be waived if meeting him or her personally would be in violation of a long-established custom or if meeting them would be a source of extreme hardship for you.
If your fiancee has unmarried children under the age of 21 you may apply to bring them to the United States.
* Can My Fiancee Apply for a Work Permit?
After you get a fiancee visa granted and on arrival in the United States your fiancee may apply for a work permit but remember that the USCIS may not be able to process the application before the 90 day time limit expires. He or she must use Form I-765 to apply for a work permit.
If an application for permanent residency status is submitted after the marriage he or she will need to apply for a new work permit.
* Can I Check the Status of My Fiancee Visa Application?
Contact the USCIS office who received your application. If you do so, you will need to provide them with specific information relating to your application.
* How Can I Appeal if My Petition for a Fiancee Visa is Denied?
In the event that your petition is denied a letter is sent out containing the reasons for its failure and telling you how to appeal the decision. You can appeal to get a fiancee visa within 33 days of receiving the denial via regular mail.
An appeal must be filed on Form I290B and it must be lodged with the office that issued the original denial. Once the form and the required fee are processed it is referred to the Administrative Appeals Unit (AAU) in Washington DC. (Don’t send it directly to the AAU – it will delay the process).
* Where to Get Help
You are invited to contact the USCIS District Office nearest you for a list of community-based, non-profit organizations that can help you apply for an immigration benefit or consult the USCIS website. You may also contact the State Department for more advice on getting a fiancee visa.
If you want to get a fiancee visa try not to let the red tape put a damper on your happiness and future plans. Make sure you provide the USCIS with all the required information and proof so that your petition may be processed as fast as possible. If your application is denied, appeal for a review and provide any requested information as soon as possible. Once you get a fiancee visa for your loved one, the way is open for your marriage and a blissful future on American soil!