What is the Definition of a Fiancé Visa?

A fiancé visa Petition is a process that allows a United States citizen to bring a fiancé to the United States to enable them to get married and for the fiancé to be able to obtain a permanent residence in the U.S.

What are the Main Eligibility Requirements for this Type of Visa?

One of the main eligibility requirements for this type of visa is that both persons in the relationship must be legally able to get married. For example, if one of them has been married before then they would have to get a divorce. The age requirement in the jurisdiction in which they live also has to be met. If there is a jurisdiction where someone has to be at least 17 years old to get married, the person has to be that age. Another requirement is that they must have seen each other at least once within the last two years. That is important, especially in the case of people that have met online or that knew each other from the time they were children.

How Long are Fiancé Visas Valid for?

When someone enters the United States with a fiancé visa, they are given 90 days in which they must get married. Once they get married then they must complete the process to apply for adjustment of status. If for any reason they don’t get married within the 90 days allowed by the fiancé visa, the foreign national has to leave the United States. It is also important to understand that when someone enters the U.S. with a fiancé visa, they can only obtain immigration benefits through the person that filed the Fiancé petition for them. For example, if someone enters the U.S. with a fiancé visa but they don’t get married. In that scenario, if five years later that person meets a U.S. citizen and that citizen wants to do a petition for that person, they will not be able to do it because the only person under whom they can obtain immigration benefits is the original fiancé petitioner.

How Long Does it Take for the K-1 Visa Process to be Approved or Denied?

There are two different steps in the process to obtain a fiancé visa. The whole process can take anywhere from six to nine months. The first part is a petition that is filed in the United States with USCIS. That petition normally takes between three to six months to be approved. After that petition is approved, the foreign national has to obtain a K-1 visa at the consulate. Normally this may take up to three or four months to prepare all the documentation to file at the consulate to be able to obtain the visa to enter the U.S.

Can My Fiancé Travel to the United States While Waiting for the Visa?

A fiancé can travel to the United States while waiting for the visa only if the person has some other kind of visa. If someone has a tourist visa or some other kind of visa, then they can travel to the U.S. Otherwise, the person has to wait for the fiancé visa to be approved before entering the U.S.

Should I Cancel the Petition if I Decide Not to get Married to My Fiancé?

A United States citizen is able to cancel the petition before the K-1 visa is approved if they make the decision not to get married. They can write to USCIS to withdraw the petition. If the K-1 has already been approved and the person is already in the U.S., there is no petition to be cancelled. However, the fiancé that is here on the K-1 will have to leave the country and there are no other obligations for the U.S. citizen.

If My Fiancé Entered on a K-1 Visa but Had to Leave Before Marriage, What Can I do to Get a New K-1 Visa?

If a fiancé entered the United States on a K-1 visa but had to leave before marriage, then typically they would have to start the process again for a fiancé visa. A new petition has to be done before USCIS and the person will have to go again to the consulate to obtain a visa to enter the U.S.

How Much Money do I Need to Show in Order to Invite My Fiancé to the United States?

The amount of money a person needs to show in order to invite a fiancé to the United States depends on a few things. Normally a person would have to show that their fiancé is not going to become a public charge to the U.S. The way that is calculated is through a table that provides the poverty guidelines. The U.S. citizen has to show they have enough financial resources to take care of their fiancé. When we are talking about someone that is single and without children, we are talking about $21,000 of income. Someone with additional members in the household would be higher.

Can My Fiancé Work in the United States While the K-1 Visa Is in Process?

A person who enters the United States on a K-1 Visa can apply for an employment authorization document immediately after entering the U.S. They would have to file an application with the government. The employment authorization is good for one year. When they get married then they will apply for an adjustment of status and at that time they also can apply for an employment authorization document which is good for one year.

For more information on Fiancé Visas in the US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 306-6921 today.

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