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Definition of Fiancé
A fiancé is a person who is engaged or
contracted to be married. The marriage must be legally possible
according to laws of the state in the United States where the marriage
will take place. In general, the two people must have met in person
within the past two years. The Department of Homeland Security's U.S.
Citizenship and Immigration Services (USCIS) grants some exceptions to
this requirement. For example, it may be contrary in some traditions for
a man and woman to meet before marriage. Sometimes the USCIS considers a
person a "fiancé" even though a marriage contract has been concluded. In
such cases, the American citizen petitioner and his/her spouse have not
met, and they have not consummated the marriage.
Who is Eligible for a Fiancé Visa
U.S. citizens who will be getting married
to a foreign national in the U.S. may petition for a fiancé
classification (K-1) for their fiancé. The U.S. citizen and the fiancé
must be free to marry. This means that both are unmarried, or that any
previous marriages have ended through divorce, annulment or death. They
must also have met in person within the last two years before filing for
the fiancé visa. This requirement can be waived only if meeting in
person would violate long-established customs, or if meeting would
create extreme hardship. The U.S. citizen may also apply to bring the
fiancé's unmarried children, who are under age 21, to the United States.
Who is Ineligible for a Visa
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,
and 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.
Children Have Derivative Status
The unmarried, minor children of a K-1
beneficiary derive "K-2" nonimmigrant visa status from the parent so
long as the children are named in the petition. A separate petition is
not required if the children accompany or follow the alien fiancé within
one year from the date of issuance of the K-1 visa. Thereafter, a
separate immigrant visa petition is required. |