Fiancé Visas: Eligibility, Ineligibility, And Denials

In this article, you can discover:

• The eligibility requirements for a fiancé visa.
• Reasons why someone may be considered ineligible for a visa.
• What to do if your fiancé’s visa petition and the documents required are denied.
• The importance of communication when working with an immigration attorney.

What Are The Main Eligibility Requirements For Fiancé Visas?

Fiancé visas are intended for US citizens who plan to marry someone outside of the United States. The application must be submitted for the benefit of the fiancé, and once approved, the fiancé has 90 days to marry the US citizen. After submitting evidence of marriage, the fiancé can receive a two-year conditional green card or lawful permanent resident card. If they meet the conditions, they can receive a 10-year green card or lawful permanent resident card.

How Long Is A Fiancé Visa Valid?

The fiancé visa is only valid for 90 days, starting when the person enters the United States.

What Is The Timeline For A K-1 Visa To Be Approved?

Typically, it takes three to four months for a K-1 visa to be approved, although it can take longer depending on the country the fiancé is coming from. Someone may be considered ineligible for a visa if they have certain health issues, a criminal history, or have been in the US for over a year without inspection. If someone’s fiancé visa is denied, they may file a request for review or reconsideration.

The fiancé visa process can take longer than usual, especially due to delays caused by Covid. Before the pandemic, the process took around three to four months, but now it may take longer. While things are slowly returning to normal, there may still be issues depending on the country of origin, which could result in a delay of six months or more.

Can My Fiancé Travel To The US While Waiting For That Visa?

The fiancé cannot travel to the US while waiting for the visa.

Is Anyone Considered Ineligible For A Visa?

There are several reasons someone may be considered ineligible for a visa. These reasons may include health issues, a criminal history, or overstaying a previous visa. For instance, if someone has been in the US for more than a year without inspection and has stayed for more than a year, they may be subject to a three or 10-year ban. If certain crimes are committed during that time, they may be subject to a lifetime ban.

My Fiancé Has Children, Can I Bring Them To The US?

If the children are under 18 and unmarried, they can be brought to the US.

My Petition For A Fiancé Visa Was Denied. What Can I Do?

If your fiancé’s visa petition has been denied, the government is supposed to provide a reason for the decision. Depending on the reason for denial, you may be able to file a request for review with a higher authority, a motion to reconsider, or a motion to reopen.

What Documents Are Required For A Fiancé Based Immigration Petition?

To file a fiancé-based immigration petition, the petitioner must provide proof of the courtship between them and the fiancé. They must also provide birth certificates, previous marriage and divorce documents, birth certificates of children, and a statement regarding where and when they plan to get married once the fiancé is admitted into the United States. It is necessary to have a well-formed plan in place before submitting the petition.

If You And Your Fiancé Get Married Within The 90 Days, Are You Able To Travel Outside Of The US With Your Spousal Visa?

Once you marry your fiancé within 90 days, they become a lawful permanent resident of the US for two years. You can travel outside the US with your spousal visa as long as you don’t spend more than six months of each year outside the country. After 180 days of being outside the US, your residency may be considered abandoned.

What Sets Your Firm Apart In How It Assists Clients Through The Immigration Process?

Communication is key in guiding individuals and families through the immigration process. Our office believes in staying in touch with our clients after the initial consultation and document submission. We ensure they know important deadlines, such as fingerprinting appointments and any requests for evidence. We also do everything we can to make ourselves available to answer any questions.

For more information on Requirements For Fiancé Visas In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (662) 510-8044 today.