Understanding the Fiancé (e) Visa Details
If you were considering marrying a non-U.S. citizen or permanent resident, the question that bothers is sure to be – how do you make sure that your future spouse gets permanent residence status in the US? It is better to get in touch with an immigration lawyer if you were in such a situation.
What are the ways you could help your fiancé (e) obtain a permanent residency status? Here are the two methods:
File Form I-129F, Petition for Alien Fiancé (e) if you want him/her to enter the US and marry you here. If the United States Citizenship and Immigration Services approve this, they would send it to the National Visa Center. After the processing there, the US Embassy/Consulate nearest to the location of your fiancé (e) would handle the rest.
File Form I-130, Petition for Alien Relative if you marry him/her overseas and want to bring him/her to the US.
Are there any eligibility criteria for the fiancé (e) visa? Yes, there are some requirements:
You are a US citizen
You and your fiancé (e) are free to marry
You intend to marry within 90 days
You two have met in person within the last 2 years, except in certain circumstances
What happens if you do not marry within the time specified in the fiancé (e) visa? This is a temporary visa. If you fail to marry your fiancé (e) within the 90-day period, he/she must return to their country of residence.
What happens if your fiancé (e) uses a different visa to enter the US and you two marry later? This is a violation of the immigration laws and your fiancé (e) could end with penalties ranging from up to 5 years in prison, fines of up to $10,000 as well as denial of any further immigration benefits.
It is better to get a Miami lawyer proficient in the immigration laws for help if your fiancé were facing such a charge. It may not be an intentional crime. If you have a competent lawyer, it may be possible to establish that the original intention of the individual was not marriage.
Is it possible for your fiancé (e) to work in the US while on a temporary visa? Yes, for this he/she would need to file Form I-765, Application for Employment Authorization. However, this is just a temporary arrangement; he/she needs to file for an extension of this permit as soon as you two marry.
Like most immigration procedures, this one is a little complicated too. It is better to get in touch with a lawyer if you have no idea about what to do next. This also ensures that you do not make mistakes that delay the process.
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