When a citizen of the United States is engaged to an individual who is not a citizen, they often wish to bring their fiance to the country. In order to do this, the must apply for a visa so that they may get married and live within the United States. This type of visa is a K-1 Visa, otherwise known as a fiance visa. When a fiance is awarded a K-1 Visa, they are required to be married within 90 days of coming to the country. If they do not do so, they are given 30 days to leave the country. Once the couple is married, the immigrant can apply to adjust their status. This can lead them to become a permanent resident in the United States through a Green Card.
A couple must meet certain requirements in order to apply for a fiance visa. The couple must have met at least two years before they file for the visa. In order to prove this, they must provide evidence of having met their fiance with their petition for the visa. Evidence may consist of pictures together, copies of correspondence, financial support evidence, phone records, and more. Like all other visa applicants, a background check on the fiance will be conducted. This will require a name and fingerprint check.
The citizen petitioning for the visa may be asked to provide additional evidence of their relationship. There are some cases in which the petitioner must provide proof that they meet minimum income requirements to support both them and their fiance. This requires the petitioner to meet or exceed 100% of the United States poverty guidelines.
When a petition is approved, it does not necessarily mean the visa will be granted. The total time it can take from filing a petition to being issued the visa is subject to vary. During this period of time, the fiance must be interviewed and undergo a medical examination. In the interview, the fiance is assessed to determine if they should be let into the country. Some of the things that may be evaluated can include:
- If the fiance can complete information about their fiance. This may include details about their family, past relationships or marriages, employment, etc.
- If the fiance is interested in the citizen they plan to marry and are serious about the marriage.
- If the fiance is a decent person with good moral character
During this process, the fiance will be asked a series of questions. These must be answered in order to determine their future status in the country. Questions that may be asked during the interview may consist of:
- Their name
- Where they were born
- Their nationality
- Their age
- If they have ever been to the United States. If they have, what type of visa did they come on? How long and where did they stay?
- If they have any relatives in the United States
- If they have ever been married before or if they have any children
Contact our Firm
If you are looking to apply for a fiance visa and seek the guidance of an experienced attorney, contact the Law Office of Cheryl R. Davidtoday.
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.