When an immigrant is engaged to a United States citizen, it may be help to help them in their immigration process into the country. Due to their relationship with a citizen, they may be able to gain a visa to come into the country and reside here. This can be helpful since they are planning to start their lives with their fiance.

Before this is allowed, their relationship must be established as valid. Fraudulent marraiges can result in penalties for individuals involved. The couple must have met one another within two years prior to filing for the visa. To prove this, there must be evidence provided that reveals this timeline is correct. The evidence can be in the form of photographs featuring you and your soon-to-be spouse, copies of correspondence, evidence of financial support, phone records and more. The main goal is to prove that you two have known each other for at least two years prior to filing the application for the visa. If you are unable to provide evidence, the petition may not get approved.

Will a background check be done?

A background check of each individual involved in the marriage is required during this process. Your background and your fiance’s will be checked. Each individual must undergo a background check that monitors their fingerprints and names. This can be used to ensure that neither party has a criminal background. Authorities have the right to ask for additional evidence when documenting your 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, it can ensure that the petitioner can meet the income requirements to support both parties living in the U.S.

What is a fiancé visa?

A K-1 visa can give 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. Once you two are officially married, your new spouse can apply to adjust their status. They may be able to become a lawful permanent resident of the U. Once the petition is approved, the fiancé has to go through a medical examination and an interview. The time for this process varies greatly, but may be around eight months long.

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.