Immigration Law for Fiancés and Fiancées

A wedding consists a once in a lifetime preparation – therefore, when it comes to planning and arrangements, it is best to do it with relief. One of the many dilemmas it encompasses is the venue of the event. Picking a venue would not be that much of a stress if the to be wed couple lives in the same place; however, if a citizen marries a non-citizen, things may require more focus than the usual.

In order to marry a foreign citizen in the United States, they must establish the foreigner’s documentations first so that he or she will be able to actually attend the wedding. To know more about the how-to, here are some of the essentials you should learn.

Qualifications for a Fiancé Visa

Prior to application, it is a must to check the validity of the non-citizen to be granted admission in a foreign country. The immigration law holds a criteria for the to be wed individual if he or she is favorable for entry.

• The immigrant is to be married to U.S Citizen (and not just a Green Card Holder)
• Both parties can be legally married according to the laws of state where the wedding is to be held (this includes legal age and civil status)
• The wedding is to be done with a genuine intention of being married to each other (and not just solely to possess a Green Card afterwards)
• Both individuals have met personally within the last two years

If the couple is qualified based from the U.S. Fiancé Visa criteria, they may proceed to apply for one and submit the needed forms and documentations. 

Application of Visa

A Fiancé Visa (K-1) grants admission to a non-U.S. Citizen who is engaged to a U.S. Citizen and desires to enter the United States for the purpose of getting married. This requires the fiancé to get a K-1 visa and file an approval on Form I-129F to be submitted to the United States Citizenship and Immigration Services (USCIS). 

When blessed and the petition has been approved, it will then be sent to the U.S. Consulate in the immigrant’s mother country for processing and review. An interview will be held with the applicant at the consulate. If the interview becomes successful, a K-1 visa will be issued. Once it is given, the non-citizen is now granted 6 months to enter the U.S. and another 3 months to get married. 

It is advised to apply for the K-1 Visa that matches the schedule of the wedding if the immigrant wants to apply for an extension or adjust the date of stay to get a Green Card. 

K-1 Visa Requirements

As said during application, an interview for the foreign fiancé will be scheduled at the consulate. This is where all the requirements for forms, medical examinations and other documentations will be explained. Apart from the non-citizen’s passport (that has at least 6 months beyond the date of exit), the consulate typically requires other valid identification cards or certificates, such as:

• Birth Certificate
• Police Certificate (since age 16 if available in the home country)
• Medical Examination report (vaccinations are included but is optional)
• Divorce or Death Certificate of any previous spouse (applies for both the application and petitioner)
• Evidence of Financial Support (Form I-134, Affidavit of Support may be requested)
• Online Non-immigrant Visa Application
• (2) Photos U.S. Passport Style
• Proof of Fiancé relationship
• Visa Fee

Although this not guarantee an immediate approval, however if all of the requirements are complete and valid, this can be approved by the consular officer. If denied, there will be an explanation why it is an unfavorable appeal and may or may not file an appeal. 

Overall, when applying for a visa as fiancé and fiancée, it would be good to consider filing for a Green Card as well to help maintain the marriage. This only shows that prior to exchanging vows, a detailed preparation outside the wedding must first be taken care of thoroughly. For more information, contact an immigration lawyer today.