US Fiance(e) Visas
The Fiance(e)
K-1 Visa is for those US citizens (not Temporary
or Permanent Residents) who wish to have their
fiance(e) in the US with the intent of getting
married in the US. A fiance(e) is a person who
is engaged or contracted to be married. The
marriage must be legally possible according to
laws of that particular state of the United
States where the marriage will eventually take
place.
In order to
file a K-1 petition, the couple must have met in
person within the past two years. In rare
circumstances this requirement may be waived,
but it is very unlikely. The Department of
Homeland Security's U.S. Citizenship and
Immigration Services (USCIS) grants some
exceptions to this requirement.
If the
couple haven't met in person, this time should
be used to start processing the paperwork and
plan a trip. Proof of a personal meeting will be
the final evidence needed to file a K-1
petition.
The US
citizen petitioner must also be financially
capable of supporting his / her fiance(e) in the
United States.
In many
cases, couples are tempted to just get married
in the USA. For some it is possible to get
married and become residents without leaving the
United States. However, if a person comes to the
USA with the intent to marry a US Citizen, the
marriage must take place within 90 days of the
fiance(e) entering the United States.
The US
Citizen petitioner must file the petition with
the Department of Homeland Security's U.S.
Citizenship and Immigration Services (USCIS) in
the United States. He / she cannot file this
petition at an embassy, consulate or U.S.
immigration office abroad.
After the
USCIS approves the petition, it sends the
petition to National Visa Center for processing,
prior to sending it to the embassy or consulate
where the fiance(e) will apply for a K-1
nonimmigrant visa.
Extending the Petition for Alien Fiance(e)
The petition
is valid for four months from the date of
approval from USCIS. Consular officers may
extend the validity of the petition (revalidate
the petition) if it expires.
A
Fiance(e) Is Also an Immigrant
Because a
fiance(e) visa permits the holder to immigrate
to the U.S. and marry an American citizen
shortly after arrival in the United States, the
fiance(e) must meet some of the requirements of
an immigrant visa.
The consular
section at the embassy or consulate where the
fiance(e) of an American citizen, will apply for
a visa, will inform about any additional
specific requirements that the alien fiance(e)
needs to fulfill to complete the visa
application.
Certain
conditions and activities may make an applicant
ineligible for a visa. Examples of these
ineligibilities are:
-
Trafficking in Drugs
-
Having
HIV/AIDS
-
Overstaying a previous visa
-
Practicing
polygamy
-
Advocating
the overthrow of the government
-
Submitting
fraudulent documents
The consular
officer will tell the applicant, if he / she is
ineligible for a visa, whether there is a waiver
of the ineligibility and what the waiver
procedure is.
If the
fiance(e) intends to live and work in the United
States, the fiance(e) needs to apply for the
Permanent Resident visa after the marriage. If
no such petition is filed, the fiance(e) must
leave the country upon the expiry of the
fiance(e) visa.
The US
citizen sponsor may also apply to bring the
fiance(e)'s unmarried children, who are below 21
years of age, to the United States.
The US
Fiance(e) visa related
requirements are very stringent and there are no
shortcuts to legal immigration. However, it can
be done properly in a matter of months for most
people especially when the case is handled by an
experienced visa consultant.
Please
contact us to receive our expert advice and
perfect documentation services for the Fiance(e)
Visa. Need not look elsewhere as we do
it right the first time. You may email us at
visaexperts4u@gmail.com or whatsapp at +91
6263083078.
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