FIANCÉE VISAS: HOW TO
BRING YOUR LOVED ONE TO THE U.S.
By Christopher Kerosky,
Esq.
A
U.S. citizen can sponsor their future spouse to come to this country on a fiancée
visa known as a K-1 visa. If the visa is approved, the couple must marry
within 90 days to the person who sponsored their visa in order to qualify for
adjustment of status to permanent residence in this country.
How to apply.
To
start the process to obtain a fiancée visa, an application is submitted to the
Bureau of Citizenship and Immigration Services (USCIS) of the Department of
Homeland Security. In order to prove that the relationship is valid, it
is necessary to provide certain documentation with the application such as evidence
of the past relationship, correspondence, travel records, other evidence of
their time spent together and their courtship. It is helpful to
submit photographs of the couple together, including photos with family members
if possible. We recommend that clients also submit statements from family
members confirming that the relationship exists.
It
is also necessary to submit financial documents proving that the petitioner US
citizen can support the fiancée in the United States financially. This
usually includes tax returns, W2s from an employer and a letter confirming
present employment.
Upon
submission of the application, the Immigration Service attempts to determine if
the relationship is bona fide. Once approval in the U.S. occurs, there is
a consular interview at the Consulate overseas at which the applicant may be
asked questions about the relationship. Usually only the intending
immigrant attends this interview. At the
end of the interview, if the officer is satisfied the relationship is bona
fide, and all other requirements for the visa are met, the visa is
approved.
Adjustment of status in
the U.S.
Once
the person comes to the United States, the couple must marry within 90
days. At that point, there is another procedure known as Adjustment of
Status required to obtain permanent residence for the immigrant. There are more forms to file and documents to
submit, with an interview at the end of the application process, which both
spouses must attend.
If
the officer is satisfied the marriage is bona fide, and all other requirements
for permanent residence are met, the adjustment of status application is
approved. If the marriage is less than
two years old, the immigrant is given conditional
permanent residence. This status gives
the immigrant all the same rights as a permanent resident except that it
expires after 24 months.
Two
years after the granting of conditional permanent residence, a new application
must be submitted to the immigration service, documenting that the marriage
still exists.
U.S.
law does not allow the individual to switch to a different U.S. visa under any
circumstances. If the marriage does not occur, the foreign national generally must
return to their home country. So
the fiancée visa is not a good option unless the couple are relatively sure they
will be married.
Pluses and minuses of the
K-1 visa.
The
fiancée visa is useful for persons who cannot obtain a tourist visa and are not
eligible for a visa waiver; they often have no other way of coming to the U.S.
to spend time with a future spouse. The
visa has the benefit of allowing the foreign national to spend up to 3 months
with their fiancée living in the U.S. to “test the waters” of their
relationship before actually getting married.
One
problem with the fiancée visa: it can be a long process, especially now during
the Trump Administration. And once the
petition is filed, it is often difficult for the intending immigrant to visit
the U.S. on a tourist visa or visa waiver (ESTA). The U.S. Consulates are often unwilling to
grant a tourist visa if a foreign national has a fiancée visa application
pending; likewise even if the fiancée has a tourist visa or is eligible to
enter the U.S. without a visa, U.S. border officials might turn the fiancée away at the airport because of the pending
application.
Therefore,
Clients should carefully consider their future travel plans before filing the
visa application and be prepared for the possibility of being apart for long
periods of time. In the next segment, we
will discuss the alternatives to the fiancée visa for couples, and the
advantages and disadvantages of each.
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WARNING: The foregoing is an article discussing legal issues. It is not intended to be a substitute for legal advice. We recommend that you get competent legal advice specific to your case.
