U.S. citizens are eligible to file petitions for their partners to get fiance / fiancee visas to enter the United States for the purpose of marriage and permanent residence in the United States.
In most cases, you and your partner must have met in person within 2 years before filing the petition. There are exceptions to this requirement.
U.S. immigration officials do not recognize marriages to more than one person at the same time. In order to be eligible to file for a fiance / fiancee visa, you must show that any previous marriages of both you and your partner have been terminated through death, divorce, or annulment.
In most cases, U.S. immigration officials recognize any marriage that was lawfully conducted in the place where the marriage took place, including same-sex marriages.
The first step in the process involves an application for the fiance / fiancee visa to U.S. Citizenship and Immigration Services (USCIS). If USCIS approves the application, the next step is to submit applications to the U.S. Department of State. Your partner will be scheduled for a visa interview at the U.S. consulate or embassy where he or she is residing.
After the conclusion of the visa interview, U.S. government officials will determine if your partner is approved, or if your partner needs a waiver of inadmissibility in order to be eligible for approval of the visa.
If U.S. government officials approve the visa application, your partner will receive a fiance / fiancee visa. You and your partner must legally marry within 90 days of your partner’s entry to the United States with this visa. After marriage, your partner will then be able to apply for permanent resident status.
Applying for a fiance / fiancee visa often involves complex legal issues and legal analysis of your particular situation and history. Michael Carlin has extensive experience in handling visa applications and in reviewing the histories of potential applicants to determine if you are likely to be approved for a visa, or if you may need a waiver in order to be approved.
This page does not provide legal advice, and is intended only as a general introduction. Please contact us for more information.