For individuals trying to get a fiance visa, there are requirements that they need to fulfill as an individual and as a couple. These visas are also called a K-1 visa. A K-1 visa can grant your fiancé the ability to enter into the country and maintain residency. If this is granted, you will need to marry one another within 90 days of your fiancé’s entrance. If you do not marry within that period of time, your fiancé will need to leave the country within 30 days. A fiance must have known their significant other for at least within two years prior to filing for a visa. Evidence needs to be provided for this. This evidence can consist of photographs of you two, copies of correspondence, evidence of financial support, phone records and more. This process largely focuses on proving you two have known each other for that specific period of time. Without this information, it may be hard for the petition for a fiance visa to be approved.

How is a background check done?

Another step for the process involves background checks. For both the individuals in the relationship, they must undergo a background check that monitors their fingerprints and names. The authorities have the right to ask for additional evidence to document the relationship. Other requests might include an income evaluation. This evaluation is to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. Through this evaluation of income, it will ensure that the petitioner can meet the income requirements to support both parties when they are in the United States. A criminal background can greatly affect this process.

What happens when my petition gets approved?

When the petition gets approved, the process is not yet completed for the fiance visa. The approval of a petition does not guarantee that a visa will be granted. Once the petition is approved, the fiancé will then go through a medical examination and an interview. The time for this process varies greatly, but may be around eight months long. Once you and your significant other are officially married, your new spouse can apply to adjust their status as a lawful permanent resident of the U.S.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.