How a Fiancé Visa works

US citizens who want to bring their foreign fiancés into the US to marry them and to have them live in the US with them must file for a Petition for Alien Fiancé. Once granted it is valid for a period of four months but can be extended if the Visa Application has not been processed during this period.

Process and Requirements of the Permit

One of the requirements of the permit is that the holder must marry the America citizen within a short period of having entered the United States (90 days). There is no ability to extend this 90-day period. If applicants do not get married they may have their right to remain in the US withdrawn and may have to leave the United States. Under these circumstances, it is possible that that they will not be able to apply for another Fiancée Visa.

There are a number of documents and pieces of information that are required for the application process. As well as undertaking a medical examination, and having fingerprints taken digitally, you may also have to undergo further administrative processing, depending on your country of origin.

The documents that will be required include: birth certificate, divorce or death certificates relating to previous spouse(s) of both the alien applicant and US citizen petitioner, police record certificates, evidence of financial support, and visa photographs of the requisite size and specifications, amongst others.

Proof of Legitimate Relationship

In addition, the parties may have to produce evidence of their ‘fiance status’. It is also not sufficient purely to have had an internet or long-distance relationship; the parties who are intending to marry must have met at least once during the last two year period, which should be proved by airline tickets or photographs etc. However, this requirement may be waived if it can be shown that such a meeting would cause exceptional hardship or is against customary tradition for the parties to meet beforehand.

Adjustment of Status for Employment

A fiancé visa does not automatically enable a person to work in the United States since it is not a Work Visa . However, once married to the US citizen, the applicant can apply for an AOS (adjustment of status), for permanent residency, and an EAD (employment authorization document), which enables them to seek and undertake work in the United States. Although you can apply for an EAD as soon as you arrive in the USA, it will not be processed until after the 90-day period allowed for the marriage. Therefore it is advisable to wait until after the marriage has taken place. You will also be able to apply for a Green card which if granted will enable you to reside and work permanently in the US.

If you have an immigration issue that you cannot resolve yourself, speak to an immigration lawyer today.