AM I ELIGIBLE TO APPLY FOR A FIANCEE VISA?
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Persons eligible are US citizens who plan to marry a foreign national in the U.S
.
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Your fiancé(e) and you must be qualified to marry. This means that you are both currently unmarried. Thus, any previous marriages must have ended through divorce, annulment or death.
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You must have met your fiance(e) in person within the last two years before filing for the fiancé(e) visa. This last requirement may be waived if meeting your fiancé(e) in person would either constitute extreme hardship for you or if it breaks long established cultural traditions.
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After your fiancé(e) enters the U.S.
you must get married to each other within 90 days.
If your fiancé(e) has unmarried children under the age of 21, you may also bring them into the U.S
.
HOW DO I BRING MY FIANCE(E) TO THE UNITED STATES?
After the petition is approved your fiance(e) must obtain a visa. Visas are issued at the U.S. Embassy or consulate abroad. After your fiancé(e) enters the US
, you have 90 days in which to get married. If you do not get married in 90 days your fiancé(e) will be required to leave the U.S
. If your fiancé(e) marries someone other than you (the citizen filling the USCIS Form I-129F-Petition for Alien Fiance(e), your fiancé(e) will be required to leave the U.S
. Your fiancé(e) is considered a nonimmigrant until the marriage takes place.
Please Note: The fiancé(e) visa only allows your fiancé(e) to enter the
once. If your fiancé(e) leaves the country before the marriage, your fiancé(e) will not be allowed to return to the United States
with the same K-1 visa unless your fiancé(e) has an advance parole document. I usually recommend that the applicant applies for the advance parole document at the same time (s)he applies for the adjustment of status application.
WHERE ARE FIANCEE VISAS APPLICATIONS FILED?
Fiance(e) petitions must be filed at the regional
USCIS
Service
Center in your area of residence.
WILL I GET A WORK PERMIT?
Your fiancé(e) will be eligible for a work permit after entering the U.S.
(note that the USCIS may not be able to process the work permit within the 90 day time limit within which your marriage must take place). Your fiancé(e) should use the form I-765 to apply for the work permit. If your fiancé(e) applies for adjustment to permanent resident status, your fiancé(e) may apply for a work permit at the same time as the adjustment of status application.
HOW CAN I APPEAL?
In the case that your petition for a fiancé(e) visa is denied., the appeal generally should be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU).
US EMBASSY PROCESSING
After your fiancee obtains an approval from CIS she obtains her visa at a consulate.
How do applicants apply via a consulate?
The process for obtaining a visa can vary from consulate to consulate, but there are some common elements to the process. Most applicants for fiancee or marriage visas are required to submit a form DS-156 meeting current Department of State (DOS) specifications with a passport photo, proof of eligibility for the type of visa sought and proof of payment of the application fee known as the machine readable visa (MRV) fee. The consulate may also require form DS 230 part 1, Affidavit of Support and other supporting documents. The applicant must also have a valid, unexpired passport.
What restrictions are there for applying via a consulate?
Post-9/11 the DOS established lengthy security clearance procedures after the visa interview for people over the age of 16 from “State 6” nations and males between 16 and 45 years of age from the “List of 26 Countries” (a classified list). State 6 countries are those deemed by the government to be sponsors of terror.
All male applicants between 16 and 45 years of age must complete a DS-157 form that collects additional security-related information regardless of nationality. Most consulates require fee payment at a designated local bank in advance of the visa application submission or consular appointment. Many consulates, require an appointment for the interview.
Where is the application accepted?
The visa application is most often accepted at the consulate in the applicant’s home country. The consulate may have problems accepting the application if the applicant does not have residence in that country, or is a third-country national. However, the DOS recommends consulates accept applications from those applicants physically present even if they are out of their jurisdictions, unless the consular officer has a valid reason for rejection. Jurisdiction is established by various factors including citizenship, residence and at the officer’s discretion. Also, if applicants overstayed a previously issued visa, they are required to return to the consulate in their home country to obtain a new visa. To learn more about applying for a fiancee visa, and our immigration lawyers, please visit the main website of immigration attorney Kaushik Ranchod.