Attorney Michele Da Silva is an aggressive immigration attorney with extensive immigration experience including successfully filing Fiancé(e) Visas. If you are a U.S. citizen who wishes to bring a foreign national fiancé(e) living abroad to the United States to marry, it is important that you speak with an immigration attorney who understands the complexity of the immigration system so that you may be properly informed of your options.
What You Should Know
If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa.
If you petition for a fiancé(e) visa, you must show that:
* You (the petitioner) are a U.S. citizen.
* You intend to marry within 90 days of your fiancé(e) entering the United States.
* You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
* You met each other, in person, at least once within 2 years of filing your petition.
There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
After the Fiancé(e) Visa is Issued
Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application. For additional information, see the “Family Based Green Card" link.
Children of Fiancé(e)s
If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be available to him or her.
Permission to Work
After admission, your fiancé(e) may immediately apply for permission to work. However, any work authorization based on a nonimmigrant fiancé (e) visa would be valid for only 90 days after entry. However, your fiancé (e) would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence.
What happens if we do not marry within 90 days?
Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.
Call Attorney Michele Da Silva of Da Silva Law Group today to discuss you options at (781)223-6100.