A citizen of the United States planning to marry a non U.S. citizen living outside the United States must secure a fiancé visa. If the fiancé is not a U.S. citizen but is currently residing in the United States, they do not have to meet this requirement. The process for securing the fiancé visa can be lengthy. Couples must take this into account when setting a date for their marriage plans.
There are certain requirements to begin the petitioning process. The fiancé that is petitioning for their intended’s visa must be a citizen of the United States. Both individuals must have any previous marital agreements dissolved legally through a divorce or annulment, or by the death of their spouse. The United States also requires that the couple have met face to face at least once in the two years prior to petitioning for the visa. If this specification would infringe upon a religious, social, or cultural tradition, or if the meeting would impose a tremendous burden on the couple, a waiver can be granted.
When the fiancé visa is granted and the individual enters the United States, he or she may apply for a 90 day work visa. Both the fiancé visa and the work visa expire 90 days after entrance into the U.S. and cannot be extended if the marriage has not taken place within that time frame. The non-citizen could face deportation and other consequences.
Once the marriage takes place, the individual is free to apply for permanent residency and for an extended work visa.
The Philadelphia Immigration and Nationality Law Firm of Surin & Griffin, PC Offer Advocacy and Assistance to Immigrants
If you or someone you know is seeking a fiancé visa, or is working through another immigration or nationality issue, the experienced and knowledgeable Philadelphia immigration lawyers at Surin & Griffin, PC can help. Our lawyers are multi-lingual and can guide you through the often overwhelming legal system. Call us at 215-925-4435 or fill out our online contact form to schedule a consultation today.