When an immigrant becomes engaged to a United States citizen, they may be able to gain an immigration status in the United States. Due to their relationship with a citizen, they may be able to acquire a visa to come into the country and reside here with their spouse. This can be helpful since they are planning to start their lives with their fiance and wish to be with them in the same country. It can also allow them to adjust their status in the future for a more permanent one in the country.
A K-1 visa is another name for the fiance visa. It can give your fiancé the ability to enter the country. If this visa is approved for a person, they must marry the United States citizen within 90 days of their entrance into the country. If you do not marry within that period of time, your fiancé will need to leave the country within 30 days since your marriage is not legal yet. 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. 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.
What are the requirements to get one?
Before acquiring a fiance visa, the couple must have their relationship established as a valid one. Fraudulent marriages can result in penalties for individuals that have concoted one. The couple must have met one another within two years prior to filing for the visa. To prove this, there must be evidence provided that reveals 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.
Will a background check be done?
A background check of each individual involved in the marriage is required during this process. Your background and your fiance’s will be checked. Each individual must undergo a background check that monitors their fingerprints and names. This can be used to ensure that neither party has a criminal background. 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.
John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.