Fiance Visa

Immigration law allows for a U.S. citizen to apply for a temporary visa so that their fiance may come to the United States for the purpose of getting married. The fiance and the U.S. citizen must have met in person (except in some cases of traditional arranged marriages) at least once during the 2 year period before the filing of the petition.

The process begins with the U.S. citizen filing a petition for the fiance visa using a form I-129F. The citizen must provide evidence that they have a real relationship with their fiance and they have an intention to get married if granted the visa. After approval of the petition the foreign fiance files a visa application with the Department of State (Form DS-160) and appears for an interview at a US Consulate abroad. At this interview the consular officer may request further evidence or challenge the validity of the relationship. Unfortunately, there are people who file fraudulent fiance visas. The consular officer has a duty to verify that this relationship is bona fide. Proving that their relationship is real can be a frustrating and humbling experience for fiance visa applicants.

If the application for K-1 fiance visa is granted, the fiance receives a visa that allows for a 90-day to visit to the United States. The marriage must take place within 90 days of entry. After marriage, the foriegn immigrant may file an application for lawful permanent resident status (Form I-485). Upon approval, the foreign spouse will become a greencard holder.

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