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Procedure to Obtain a Fiancé Visa
The process of obtaining a Fiancé Visa
begins with the filing of a Petition for Alien Fiancé by the United
States citizen (also known as the "petitioner"). This Petition is filed
with the United States Citizenship and Immigration Services (USCIS). The
petitioner and fiancé will need to file numerous forms and documents
with the USCIS in order to prove that the petitioner and fiancé qualify
for the K-1 Fiancé Visa.
Once the Petition has been approved by the
USCIS, the case is transferred to the Department of State's National
Visa Center where a background check is begun on the fiancé. The alien
fiancé can then apply for a K-1 visa at a U.S. Embassy or consulate
abroad. The fiancé will be instructed to undergo a medical examination
at a designated local clinic, and to appear at the U.S. Embassy or
consulate for an interview with an Embassy Consular Official. If all the
paperwork is correct, and there are no problems in the interview, the
visa will be issued on the same day as the interview or, in some
embassies, in the week following the interview. The fiancé is then free
to travel immediately and directly to the U.S.
Within 90 days after the alien fiancé
enters the U.S. on a K-1 visa, the fiancé has to marry the U.S. citizen
petitioner. The fiancé may enter the U.S. only one time with a fiancé
visa. If the fiancé leaves the country before marrying the U.S. citizen
petitioner, the fiancé may not be allowed back into the U.S. without a
new visa.
Conditions on Permanent Residence
Based on Marriage
The alien fiancé will initially receive
conditional permanent residence status. The permanent resident status is
conditional because the couple must prove that they did not get married
to evade the immigration laws of the U.S. The couple must apply together
to remove the conditions on the non-citizen spouse's residence. This
application should be made during the 90 days before his/her second
anniversary as a conditional resident. If the marriage was terminated by
reason of divorce, death of the citizen spouse, or spousal abuse, the
non-citizen spouse may apply for a waiver of the joint petition
requirement. |