Am I eligible for a fiance visa?

To be eligible for a fiance visa, also known as a K-1 visa, there are specific requirements that each couple has to meet. The couple must have met one another within two years prior to filing for the visa. There must be evidence provided to prove that this timeline is correct. The evidence can be in the form of photographs featuring you and your soon-to-be spouse, copies of correspondence, evidence of financial support, phone records and more. The main goal is to prove that you two have known each other for at least two years prior to filing the application for the visa. If you are unable to provide evidence, the petition may not get approved.

The next step involves background checks into your and your fiance. Each individual must undergo a background check that monitors their fingerprints and names. Authorities have the right to ask for additional evidence when documenting your relationship. Other requests might include an income evaluation. This evaluation is to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. Through this evaluation, it can ensure that the petitioner can meet the income requirements to support both parties living in the U.S.

What is a fiancé visa?

Once couples get engaged, they may be able to bring their fiance into the United States from another country. With a fiance visa, a spouse is able to enter into the country due to your citizenship. This can ensure that you and your spouse are able to live together in the U.S. In order to do so, engaged couples have the option to apply for a visa for the non-resident fiancé.

A K-1 visa can give your fiancé the ability to enter into the country and maintain residency. If this is granted, you will need to marry one another within 90 days of your fiancé’s entrance. If you do not marry within that period of time, your fiancé will need to leave the country within 30 days. Once you two are officially married, your new spouse can apply to adjust their status. They may be able to become a lawful permanent resident of the U.

Even after the petition gets approved, the process is not yet completed. The approval of a petition does not guarantee that a visa will be granted. Once the petition is approved, the fiancé has to go through a medical examination and an interview. The time for this process varies greatly, but may be around eight months long.

Detzky, Hunter & DeFillippo, LLC is an experienced law firm that has proudly served clients across New Jersey for decades from their convenient locations in Freehold and Somerville. If you need strong legal guidance, contact us today to schedule a consultation. We are lawyers who listen, counselors who care.

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