When one spouse is a citizen of the United States, they may have their fiance come to the country to be with them. This will include the process of immigration. If one spouse is a citizen of the United States, their spouse may be able to apply for a fiance visa. By being a fiance of a United States citizen, they may be eligible to file for a fiance visa. However, the couple must wed within a certain period of time. If they fail to do so, the non-citizen must leave the U.S.
Since this process allows someone to enter the country as an immigrant, some individuals may take advantage of this situation. There have been incidents where the marriage was proven to be a fake one that is conducted to get someone access into the country. The couple initiated the marriage to bring in the immigrant from another country and allow them legal access to reside in the U.S. However, the steps involved in the process for a fiance visa may be able to deter fraudulent marriages from occurring. The process to obtain a fiance visa is not a quick and easy one because it is in depth and may take a long period of time.
Upon applying for a fiance visa, there are many steps the couple needs to go through. Each individual will have a background check done. This will monitor their fingerprints and their names. It will also check any criminal records that may be found. The authorities have the right to ask for any additional information that they may need for your case. In addition to the background check, the individuals will have to provide proof of their relationship. They must be able to establish that they have known each other within two years of prior to filing for the visa. Proof of this can be in the form of photographs of the two, correspondence between them, financial support of one another and much more. Other requests that may be made can include an income evaluation to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. With this evaluation, it can ensure that the petitioner can meet the income requirements to support both parties living in the United States.
When is the process over?
When the petition for the fiance visa gets approved, the process may still not be complete. Even after the petition gets approved, it does not mean that the visa will be given to the individual. The fiance will then have to go through a medical examination to ensure that they are in good health. An interview can also be done to assess their situation. The interview can prove their relationship with their soon-to-be spouse. Once they are approved, they may gain access to a fiance visa. Then they will have to marry within a certain period of time in order to be allowed to stay in the United States.
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.