Once your fiancé enters the United States, you are required to marry him or her within 90 days of their entry. Failure to do so will terminate the fiancé visa and your fiancé will not be eligible to obtain adjustment of status, or Green Card, through any other means unless he or she can show that they were abused. It’s a very good visa for a US citizen because it does protect you even after he or she enters the country. If things don’t work out, you do not have to get married. It does terminate the fiancé visa. If that happens and you have questions, please contact an immigration attorney.
The person in the relationship who is the United States citizen is the one who must petition for the fiance visa. This is one of the eligibility requirements to petition for the fiance visa to bring your fiance to the United States legally. As previously stated, one of the other requirements is that you must be officially married within the United States within 90 days before the fiance visa expires. Another eligibility qualification is that any outstanding marriages on behalf of either of the parties must be legally terminated, through divorce, annulment or death of the spouse. It is also important to know that in order to be considered eligible for the fiance visa, the two parties must have met each other in person at least once within two years of the fiance visa application.
After the marriage has been officiated, your spouse can apply for a permanent residence in the United States. However, the most important qualification of all is that the marriage must occur within 90 days because if it does not, the non-US citizen party must leave the country willingly or be deported.
John Sesini is an experienced immigration attorney with offices in Milwaukee and Green Bay Wisconsin. Contact an experienced attorney to set up an initial consultation and get any questions answered regarding your specific case.