1. How long does it take to obtain a fiancé(e) visa?
The time frame for obtaining a fiancé(e) visa will vary depending on the individual circumstances of each case. Generally, the total timeline from start to finish can range from 6-8 months.
2. What documents do I need for a fiancé(e) visa application?
For a fiancé(e) visa application, you will need to provide the following documents:
-Proof of U.S. citizenship (birth certificate, passport copy, or naturalization certificate)
-Evidence of termination of all previous marriages (divorce decree or death certificate)
-Proof of legal name change (if applicable)
-Two passport-style photos for each applicant
-Form DS-160, the online U.S. Nonimmigrant Visa Application
-Evidence of financial support (Form I-134, Affidavit of Support)
-A medical examination and vaccination records (Form I-693, Report of Medical Examination and Vaccination Record)
-Proof of a valid relationship with the sponsoring U.S. citizen (photographs, emails, letters, etc.)
3. What is the eligibility criteria for a fiancé(e) visa?
To be eligible for a fiancé(e) visa, the petitioner must be a U.S. citizen, lawfully present in the U.S., and the beneficiary must be a foreign national living outside the U.S. The petitioner and beneficiary must have met in person at least once within the two-year period before filing the visa petition if the meeting took place outside of the U.S. The two-year requirement can be waived in certain circumstances.
4. What are the steps involved in the fiancé(e) visa process?
1. File a Fiancé(e) visa petition (Form I-129F) with U.S. Citizenship and Immigration Services (USCIS).
2. Once the petition is approved, the foreign fiancé(e) must apply for a K-1 nonimmigrant visa at the U.S. embassy or consulate in his or her home country.
3. The foreign fiancé(e) must attend an in-person interview at the U.S. embassy or consulate, where he or she will be required to submit additional documents and answer questions about the relationship.
4. If the fiancé(e) visa is approved, the foreign national can travel to the U.S. and marry his or her U.S. citizen partner within 90 days of arrival in the country.
5. After getting married, the foreign partner can apply for a Green Card and become a permanent resident of the United States within a few months of arriving in the country.
5. What is an affidavit of support and how do I prepare one?
An affidavit of support is a legal document used to demonstrate that a person will be financially responsible for another party, typically an immigrant to the U.S. The affidavit of support is prepared by the person providing the financial support (the sponsor) and is required by U.S. immigration authorities to demonstrate that the sponsor has the means to take care of the immigrant if needed. To prepare an affidavit of support, the sponsor must provide evidence of their income and assets, as well as any evidence that they are willing and able to provide financial support for the immigrant. The sponsor must also sign the affidavit in front of a notary public before it can be presented to U.S. immigration authorities.
6. Is there a fee associated with the fiancé(e) visa process?
Yes, there is a fee associated with the fiancé(e) visa process. The fees include the I-129F petitioner’s fee ($535), the application fee ($265), the medical exam fee ($200-$400), and the biometrics fee ($85). Additionally, there may be additional fees associated with the visa interview or any additional documents required.
7. Can I work in the US with a fiancé(e) visa?
Yes, you may work in the US with a fiancé(e) visa (K-1). You must first apply for and receive an Employment Authorization Document (EAD) from the U.S. Citizenship and Immigration Services (USCIS) before beginning employment.
8. How can I track my fiance’s visa application status?
If your fiance has applied for a visa through the U.S. Department of State (DOS), you can track the status of their application online using the DOS’s Visa Status Check system. You will need their passport number, and date of birth to access the system. If your fiance has applied for a visa through U.S. Citizenship and Immigration Services (USCIS), you can track the status of their application using the USCIS website. You will need to have their application receipt number, which they should have received upon submitting their application.
9. What type of interview will I have to attend when applying for a fiancé(e) visa?
For a fiancé(e) visa, you will typically attend an in-person interview at the U.S. embassy or consulate in your country. During the interview, a consular officer will ask you questions about your relationship with your fiancé(e) and other information to help determine if the marriage is bona fide (genuine) and not entered into for the purpose of obtaining an immigration benefit.
10. How long can my fiancé(e) stay in the US on a fiancé(e) visa?
Your fiancé(e) can stay in the US for up to 90 days on a fiancé(e) visa. During this period, you must get married and file an adjustment of status application to obtain a green card.
11. What happens after my fiancé(e) arrives in the US on a fiancé(e) visa?
Once your fiancé(e) arrives in the US, you will have 90 days to legally marry and file an Adjustment of Status petition with the US Citizenship and Immigration Services (USCIS). After the petition is approved, your fiancé(e) will receive a green card and be able to work, travel, and live in the US.
12. Is it possible to extend the duration of stay on a fiancé(e) visa?
No, it is not possible to extend the duration of a fiancé(e) visa. However, once the foreign national arrives in the United States and marries their U.S. citizen fiancé(e), they may apply for adjustment of status to obtain lawful permanent residence (a green card).
13. What is the process for applying for a green card after arriving on a fiancé(e) visa?
Once you arrive in the United States on a fiancé(e) visa, you must marry within 90 days of your entry. After getting married, you and your spouse will need to file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to apply for permanent residence, or a green card. You must also provide supporting documents such as a marriage certificate, proof of financial support, and any other required documents. Once your application is approved by the US Citizenship and Immigration Services (USCIS), you will be given conditional permanent residence status for two years. During that time, you and your spouse must file a joint petition, Form I-751, to remove the conditions on residence. Once this form is approved, you will receive a 10-year green card.
14. What are the eligibility criteria for obtaining a green card after arriving on a fiancé(e) visa?
After arriving on a fiancé(e) visa, the individual is required to marry their U.S. citizen fiancé(e) within 90 days of admission. The marriage must be valid under U.S. law, and the individual must remain married to their U.S. citizen spouse in order to be eligible to apply for a green card. The individual’s U.S. citizen spouse must also submit a Form I-130 petition, Petition for Alien Relative, for the individual in order for them to be eligible to adjust their status and obtain a green card.
15. How long does it take to obtain a green card after arriving on a fiancé(e) visa?
It usually takes around 6 to 9 months for applicants to obtain a green card after arriving on a fiancé(e) visa.
16. Does my fiancé need to pass an English language test to obtain a green card?
Yes. As part of the process, your fiancé will need to pass a U.S. Citizenship and Immigration Services (USCIS) English language test.
17. Are there any restrictions on travel while waiting for a green card after arriving on a fiancé(e) visa?
Yes. While waiting for a green card after arriving on a fiancé(e) visa, the individual is restricted to travel within the United States. The individual must have permission from U.S. Citizenship and Immigration Services (USCIS) before they can leave the country or travel outside of the United States.
18. Are there any fees associated with obtaining a green card after arriving on a fiancé(e) visa?
Yes, there are fees associated with obtaining a green card after arriving on a fiancé(e) visa. The Form I-485 Application to Register Permanent Residence or Adjust Status requires a filing fee of $1,140. Additionally, there is an $85 biometrics fee that must be paid to have fingerprints and photos taken.
19. Is it possible to expedite the green card process after arriving on a fiancé(e) visa?
Yes, it is possible to expedite the green card process after arriving on a fiancé(e) visa. The process of applying for a green card starts by filing Form I-130, which must be approved before a green card is issued. Once Form I-130 is approved, the fiancé(e) may file Form I-485 to apply for permanent residency (the green card). It is possible to expedite this process by submitting an expedited request with USCIS, which will allow the case to be processed faster than normal. However, the request must meet certain criteria in order to be approved.
20. Are there any other documents or information needed to complete the green card process after arriving on a fiancé(e) visa?
Yes, the individual will need to provide additional documents and information in order to complete the green card process. These may include proof of the relationship (such as photographs, emails, letters, and other documents), evidence of good faith marriage (such as joint bank accounts or title/leasing agreements), and additional biometric information (such as fingerprints, photographs, and signatures).