Fiancee' Visa

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you, your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

We will assist petitioner understand the process to ensure correct completion of petitions and adequate preparation for interviews.

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If your fiancé(e) intends to live and work permanently in the United States, your fiancé(e) should apply to become a permanent resident after your marriage. Your fiancé(e) will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States. You must also demonstrate an ability to support future wife.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

Note:Upon receipt of a properly filed I-751, the Conditional Residency (CR) status is extended until USCIS adjudicates the petition.

Because the Regional Service Center (RSC) has not adjudicated your petition, if you want to leave the country, you must take your unexpired passport to the USCIS. They will stamp it reflecting an additional year extension of CR status. If passport is expired, they will issue a I-94 with the one year extension. This documentation is critical for travel and work authorization.

Documents considered relevant to establish that your marriage was not entered into in order to evade the immigration laws of the United States.

1. Photographs that show both spouses together and with family and friends. These photographs can be taken at the wedding, at other functions or events, and throughout their relationship.

2. Letters between the couple before the marriage, with their postmarked envelope.

3. Evidence of trips the couple has taken together, including bills and receipts reflecting hotel stays, car rental, plane tickets, postcards sent to family members while on the trip.

ownership of your communal residence. Letter from the landlord indicating that both spouses live at the apartment or copies of rent receipts showing both parties' names.

7. Photo ID cards of both spouses with a new card for the wife showing her married name.

8. Driver''s licenses, credit cards, check cashing cards, employment ID cards, video club memberships, etc. for both parties.

11. Letter from an employer showing a change in records to reflect the spouses'' new marital status.

12. Letter from an employer showing designation of the spouse as the person to be notified in event of accident, sickness, or other emergency.

14. Evidence of medical or health insurance plans, which name the spouse as a member or beneficiary.

15. Evidence of correspondence between parties, including letters, birthday and holiday cards, telephone calls, and other correspondence addressed to the parties.

19. Evidence of all major purchases made together, such as stereo, television, refrigerator, washer, dryer, etc.

21. Affidavits sworn to or affirmed by at least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship. (Such persons may be required to testify before an immigration officer as to the information contained in the affidavit.) The original affidavit must be submitted and also contain the following information regarding the person making the affidavit: his or her full name and address; date and place of birth; relationship to you or your spouse, if any; and full

information and complete details explaining how the person acquired his or her knowledge. Affidavits must be supported by other types of evidence listed above.

If you would like to arrange a consultation to discuss your legal needs, please take the time to email(val@flvlaw.com) or call.