Currently, only a US Citizen may apply for a fiance visa. In order to be approved, the following are the basic requirements.
- Met in person with fiance within two years of filing the petition.
- Both parties must be free to marry.
- Parties agree to marry within ninety days of arrival in the United States.
All three requirements must be met to be granted the fiance visa.
Time frames may vary but currently between eleven and eighteen months is the processing time. If you are interested in discussing this visa further, please schedule an appointment with Immigration Lawyer Robert West.
What Are The Main Eligibility Requirements For A Fiancé Visa?
The requirements for a fiancé visa are pretty straightforward. The first requirement is that both parties have to be free to marry. They cannot be married to somebody else, so they either have to be single, divorced, or widowed. If you don’t meet that requirement, stop right there because you can’t go forward. Assuming that requirement is met, the requirement is that you must be a U.S. citizen to apply for a fiancé visa. Only a citizen can file for a fiancé visa, a permanent resident cannot. You have to have spent time with each other in person within the two years prior to the application. For example, if you meet somebody now and then you have a long-distance relationship over social media for three years and you decide to get married, you would have to go somewhere and meet in person again or you won’t be able to file for the fiancé visa. Read More
Is Anyone Determined Ineligible For A Fiancé Visa?
Yes, people are sometimes determined to be ineligible for a fiancé visa. The most obvious reason would be if they are still married to somebody else. There are also certain types of crimes that would make you ineligible. For example, if you were convicted of a crime that would be considered an aggravated felony in the United States, you wouldn’t be eligible for a fiancé visa without a waiver if available. Those are the two most basic reasons why a person wouldn’t be eligible but there are a variety of other reasons. For example, if you were previously barred because you committed fraud to try to get a visa. In some of those situations you can apply for a waiver, and in some cases a waiver would not be available to you. Read More
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