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How to Get a Visa for Your Fiancé or Fiancée

Posted by Gutierrez Law Firm on May 1, 2013

If a U.S. citizen wishes to bring a foreign-born fiancé or fiancée into the country for the purpose of getting married, a Form I-129F must be filed with the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the foreign spouse-to-be must obtain a visa from a U.S. embassy or consulate. For assistance with this process, it may be necessary to hire a qualified immigration lawyer in your area.

Getting Married in the U.S.

After arriving in the United States with a visa that was issued abroad, the betrothed and the U.S. citizen must wed within 90 days. If the marriage does not take place by then, the applicant’s prospective spouse will be required to leave the U.S. The fiancé or fiancée is regarded as a non-immigrant until the marriage is consummated. It is not possible to receive an extension beyond the original 90-day admission period.

Permanent legal residents cannot obtain a fiancé visa; they must first get married abroad and then file a Form I-130 for the immigration of a new spouse. After the wedding, the immigrant spouse can apply to become a permanent resident. That would allow the new spouse to legally live and work in the United States. Otherwise, they would be required to leave within the allowable 90-day period. A spouse or spouse-to-be will generally be approved for conditional permanent resident status for two years. Both spouses must apply together 90 days prior to the second anniversary of their marriage to adjust the conditional residence status.

Fiancé Visa

A future spouse is allowed to enter the United States only one time under the provisions of a fiancé visa. If the fiancé leaves the country before the marriage takes place, a new visa will be required to reenter the United States. The presence of any of the following conditions or circumstances may result in the denial of a fiancé visa application:

If a prospective spouse has children who are minors (under 21 years of age), the children should be listed on the visa application. Separate petitions are not required as long as the minor children accompany the foreign parent. The kids must follow the parent within one year of the visa being issued.

In the event that a fiancé visa application is denied, the unfavorable decision can be appealed. An experienced immigration attorney possesses the necessary knowledge and training to successfully negotiate the complicated system of U.S. immigration laws and regulations.

For expert legal advice, call the Gutierrez Law Firm today at 210.225.7114 to get a free initial consultation.

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