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Understanding the USCIS requirements for a fiancé visa

On Behalf of | Apr 15, 2015 | Family Immigration, Firm News |

Pennsylvania residents who are looking to bring their fiancé into the U.S. for marriage may be interested in some information on the requirements. There are strict time limits and other issues involved.

In order to obtain a visa to bring a fiancé who is a foreign citizen into the United States, certain requirements need to be met. The person bringing them into the country must have U.S. citizenship and must plan to marry their fiancé within 90 days after petitioning for the visa. USCIS does not offer extensions to the visa if the marriage does not occur within those 90 days.

Both parties must also be free of any prior marriage, if applicable. In addition, the parties are required to have met each other in person at least one time within the two years prior to filing the petition. However, there are two exceptions to this last requirement. The first is when the petitioner can show that meeting their fiancé in person would cause them extreme hardship. The other exception is when there are long-standing cultural traditions followed by either the U.S. citizen or the foreign fiancé that make such a meeting inappropriate.

There are a few situations where it is not necessary to file for a fiancé visa. For instance, if the marriage is to occur outside of the U.S. or if the fiancé already has legal residence in the U.S., the fiancé visa is not required.

In cases where it is necessary, however, the correct form must be filed with USCIS. An attorney who has experience in family immigration may be able to assist with the process. The attorney may also be useful in filing for a work permit for the fiancé and other immigration and citizenship issues.


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