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Nesbit Law Office LLC

A fiancé visa is a visa for someone you’re intending to marry. The rules require that you have seen the person within two years and that you’re intending to marry them when they come to the United States. You sign a statement saying that your intention is to marry this person and that you have a relationship with them. You decide that when they come to the United States, they’re going to want to marry and then, when they do come to the United States, you’re required to marry within 90 days. If you don’t marry within the 90 day period, the fiancé visa is terminated and the person must return to their home country.

What Are The Main Eligibility Requirements For The Fiancé Visa?

For a fiancé visa, the sponsoring fiancé must be a United States citizen. The couple must have met within a two year period prior to the application and they must have declared an intention to marry when they were coming to the United States. The US citizen sponsor has to have a certain amount of income that’s equal to 100 percent of the poverty level.

How Long Are Fiancé Visas Valid For?

Fiancé visas are typically good for 90 days, once you enter the United States, and the requirement is that the couple marry within that 90 day period.

How Long Does The Fiancé Visa Process Take?

The fiancé visa process runs between nine and 12 months, depending on the country that the immigrant is coming from. In some countries, it takes longer to get an interview.

How Long Does It Take For The K-1 Visa To Be Approved?

The K-1 visa is a two-step process. The first step is to file an I-129F and that usually takes about six months to be processed and approved. The second step is for the fiancé to have their interviews and receive approval, which takes about three months.

Can My Fiancé Travel To The United States While Awaiting Fiancé Visa Approval?

The fiancé visa does not permit people to travel while they’re waiting for the visa to be processed. If a person has a multiple entry visitor’s visa, they can attempt to use that visa to come and visit. However, it is at the discretion of the officer at the border to determine whether that person can be admitted for visitation under the visitor’s visa. Typically, once a fiancé visa is pending, the ability to travel to the United States is very limited.

Is Anyone Ever Determined Ineligible For A Fiancé Visa?

If a person has a criminal background that includes drug related offenses or terrorist activities, it would make them ineligible for the fiancé visa and any other type of visa. With the fiancé visa, the consulate officer and the State Department of the United States is going to look at to whether they feel that it’s a valid relationship and if there truly is an intention for the parties to marry in the United States. Those are some of the reasons that they would deny or make someone ineligible for a fiancé visa. The other issue for a fiancé visa is that both parties need to be eligible to marry. They have to be single or divorced.

What Can I Do If My Petition For A Fiancé Visa Was Denied?

If your petition was denied, you can make an appeal to the consulate officer and ask them to review the fiancé visa denial. You can also make a new application, start your process over, and gather more documentation. Some people decide to marry and then, they file the marriage visa instead of the fiancé visa.

For more information on Fiancé Visas In The United States, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (614) 964-5188 today.

Nesbit Law Office LLC

Call Now For A Personalized Consultation
(614) 964-5188

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