Fiancé Visas: The Six Requirements

1. You Must Be A U.S. Citizen

Whether you were born in the U.S. or obtained your citizenship through the naturalization, derivation, or acquisition process, you are eligible to immigrant your future spouse through the fiancé visa process.

If you are only a permanent resident, you do not qualify to use the fiancé visa process.

2. You And Your Fiance Must Intend To Get Married Within 90 Days

Once your fiancé enters the U.S., you and your fiancé have 90 days to marry and apply for permanent residency.

This means, to qualify for the K-1 visa, you need to show you have made some marriage plans. Since you do not know exactly when the visa will be approved, some of the details will not be specific.

However, letters from companies which cater weddings, print shops which produce wedding invitations, and halls which host wedding receptions can help prove your seriousness.

Notarized letters from you and your fiancé regarding your engagement are also helpful.

3. You Must Have Met With Your Fiance Within The Past Two Years

Nowadays, many couples meet over the internet. If this is the case, you need to arrange to meet with your loved one prior to filing immigration documents.

Again, the government requires firm evidence of this meeting. Items which are useful to show such a meeting actually took place include:

• Hotel and lodging receipts
• Airplane tickets, receipts, and departure/landing schedules
• Copies of your passport with stamps showing entries and exits
• Credit card statements showing payments
• Photos taken together during your visit
• Restaurant, transportation, parking tickets, and similar items

In some limited situations, you may be excused from this requirement. For example, in some cultures, a husband and wife cannot meet before their marriage date. Or perhaps a medical or physical condition prevents you from traveling abroad.

4. You And Your Fiancé Must Be Lawfully Eligible To Marry

Here are the most common stumbling blocks which might hinder you from living happily ever after with the love of your life in the United States:

• You or your fiance is under 18 years old.
• You or your fiance has been previously married
• You and your fiance are related by blood

5. You Must Meet The Minimum Income Requirements

You must agree to be your fiance’s financial sponsor. If you do not meet the government’s income requirements, you can ask a relative or friend to serve as your fiancé’s financial co-sponsor.

6. Your Fiancé Must Not Fall Into Any Of The Inadmissibility Categories

The inadmissibility list includes certain diseases, criminal convictions, memberships in certain organizations, past history of immigration fraud, living unlawfully in the U.S., and drug trafficking.

By Carlos Batara

Ready to take a serious and honest look at the strengths and weaknesses of your immigration case? Let’s get started with a personalized strategy and planning session . . .