What is a Fiancee Visa?
How do you know if you're eligible? If both you and your fiancé are free to marry, or in other words any previous marriages have ended through divorce, annulment or death then you can apply for a fiancé visa. Also, in order to obtain a visa you must have met your fiancé in person within the last two years before filing. This must be proven on both parties' behalf. There are, however, waivers that can be utilized if, meeting each other violated long established customs or would create extreme hardships for you and for your fiancé. Again these allegations must be proven somehow and documented. Lastly, you have to marry your fiancé within 90 days of your fiancé entering the United States.
After you file your petition to retain a visa for your fiancé the process of obtaining one begins. After approval of your petition, your fiancé must obtain a visa issued at a U.S. Embassy or consulate abroad. Your fiancé must remain unmarried until their arrival in the United States. If the marriage does not take place within 90 days or your fiancé marries someone other than you (the U.S. citizen filing the petition), your fiancé will be required to leave the United States. Until the marriage takes place, your fiancé is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. Extensions for nonimmigrant status are not allowed and will not be approved.
After marriage, if your fiancé intends to work and live permanently in the United States they must apply to become a permanent resident. If they wish to return back to their original location they have to leave within 90 days after your married. Your new spouse will obtain conditional permanent resident status for up to two years. This status is created when a marriage is less than two years old at the time of transition between conditional and permanent residency.
If denied a fiancé visa there are appeals and procedures that will help reapply for the visa. Generally in the denial letter there will be steps to follow in order to appeal. You have to submit the appeal to the office that originally denied your proposal. After processing and fees are paid to appeal, the appeal will travel through the proper channels in order to be reevaluated and possibly approved.
Also, if you have filed already and would like to check on the status contacts the original office that you sent the petition to and have all information ready. They will ask a series of questions and then supply you with the status information.
Fiancé visas are important to maintain prior to the attempt to bring your fiancé to the United States. Following these procedures will save you from breaking the law and possibly moving forward with an unauthorized and illegal marriage.