You are now engaged to your significant other who is a foreign national living outside the United States. You are not yet ready to get married to start a marriage-based visa. So, what do you do? Well, a U.S. citizen can apply for his/her foreign national fiancé. There are several requirements that must be met to be eligible for the visa.
1. The person filing the application (the petitioner) must be a U.S. Citizen. A permanent resident is not eligible to apply for his foreign national fiancé.
2. There must be an intention to marry within 90 days of arriving in the US. The application must contain proof that the foreign national will marry the US citizen within 90 days of arriving. Failure to provide such proof may result in denial of the fiancé visa. In addition, an application for adjustment of status must be filed within the 90 days and after a marriage occurs. Failure to file the adjustment of status application will complicate the application. Lastly, if a marriage does not occur within 90 days, the fiancé must leave the US prior to the expiration of the 90 day fiancé visa.
3. Both parties must be legally free to marry. This means that both the US citizen and fiancé must legally be able to marry each other at the time the fiancé application (I-129f) is filed. Therefore, all prior marriages must have been legally terminated whether by divorce, death, or annulment.
4. The parties must have physically met at least one time in the two years preceding filing the fiancé visa application. This means that the US citizen and the fiancé must be able to prove that they were at the same place at the same time within two years prior to filing the I-129f fiancé visa application. There are limited circumstances where this requirement may be overcome.
If you wish to speak to an experienced attorney about whether you and your fiancé qualify for a fiancé visa, please contact our office for a free telephone consultation at (248) 557-3645.