Fiancé (e) Visa for U.S.

Updated on Tuesday 28th March 2017

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Fiancé (e) Visa for U.S. Image
Another type of visa is the K-1 non-immigrant visa for the foreign fiancé (e) of a United States citizen. An U.S. citizen has the possibility to bring his or her fiancé (e) to Miami to marry and live in this state, but only by obtaining a non-immigrant visa

Our immigration attorneys in Miami can provide, on request, all the information necessary and the legal support in order to obtain the K-1 permit and bring your fiancé (e) to live in Miami.
 

 Legally speaking: what is a fiancé (e)? 


Under the U.S. immigration law, a fiancé (e) is a person who is engaged with an American citizen and who has the intention to marry him or her. Legally, this means that the fiancé (e) is the person who is the beneficiary of an accepted Alien Fiancé Petition and who has been dispensed for a non-immigrant visa that allows him/her to travel in Miami and marry the U.S. citizen

The non-immigrant visa for fiancé (e) specifies that after the arrival in Miami, U.S., the fiancé (e) and the U.S. sponsor have 90 days in order to get married. In order to obtain the visa, the fiancé (e) and the U.S. citizen must be both legally free in order to marry starting with the date in which the petition was completed until the date of the marriage. Under the laws of Miami both of them have to be eligible for marriage

There are also some requirements in order to obtain the fiancé (e) visa for U.S. and one of the most important is that the fiancé and the American citizen must know each other within the past two years and prove their relationship over the years. 

The immigration system will not accept so easily a new couple who wants to get married in a month after meeting each other. The system can grant an exception on the meeting criteria in the case it is impossible for the U.S. citizen to meet the foreign fiancé (e) or in case the culture from the fiancé’s country prohibits a man and a woman to see each other before marriage.

Our immigration lawyer in Miami can provide you all the requirements in case you want to bring your fiancé (e) in America and they can legally assist you with all the necessary support. 

In order to obtain a fiancé (e) visa in Miami, U.S., the petition must be made by the American citizen.

 Another relevant aspect refers to situation in which the fiancé (e) has children under the age of 21 years old. In this case, the fiancé (e) is entitled to apply for a K-2 nonimmigrant visa, as long as the respective children are not married. If so, the applicant is required to mention the name of the children when completing the petition for the Form I-129F

It is also important to know that, once the admission is completed, the fiancé (e) may apply for employment purposes in Miami, U.S. at the U.S. Citizenship and Immigration Services (USCIS)

The applicant will need to complete the Form I-765, Application for Employment Authorization, which is available for a period of 90 days. 

Later on, the spouse can file for permanent residency in America, which will grant him or her the right to obtain extended employment rights in Miami, U.S

It is important to know that, under the regulations applicable in Miami, U.S., same-sex marriages can benefit from the same immigration benefits available for regular marriages. 

The regulation is also available if the foreign person is the direct beneficiary of Lawful Permanent Resident statute.  
 

Instructions to obtain the fiancé visa for U.S.  


When a U.S. citizen wants to bring his fiancé (e) in Miami, he or she has to submit the Alien Fiancé Petition and the I-129 form with the Homeland Security Department. After approval, the documents will be sent to the National Visa Centre (NVC), who will provide a number to the petition and will send it to the Embassy in the country where the fiancé (e) lives. After your fiancé (e) will receive the letter from NVC, he or she will apply for the non-immigrant visa and prepare for the interview with the Consulate.

Please note that if the wedding does not take place within the 90 days period, the couple will lose the right to get married in USA. Moreover, the fiancé (e) can get deported, which will affect the right of receiving immigration services later on. 

In case you need to bring your fiancé (e) in Miami and he or she needs to apply for a fiancé visa, our Miami immigration lawyer can provide you with legal assistance, our team being specialized in a wide range of fiancé visas cases. 

Our attorneys will provide all the necessary help and will instruct you regarding all the documents you and your fiancé (e) need in order to obtain the visa.

If you need assistance in your visa process, please contact our team of immigration attorneys in Miami.
 

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