When a couple gets engaged, this can be an exciting time in their life. For some couples, this may also include the process of immigration. If one spouse is a citizen of the United States, their spouse may be able to apply for a fiance visa. This can give them the access they need to get into the country and to reside here legally. However, the couple must wed within a certain period of time. If they fail to do so, the non-citizen must leave the U.S. They will be no longer eligible for the fiance visa since they failed to marry within the required amount of days.
Since this process allows someone to enter the country as an immigrant, it may be taken advantage of. There have been incidents where the marriage was proven to be a fake marriage. The couple initiated the marriage to bring in the immigrant from another country and allow them legal access to reside in the U.S. However, the steps involved in the process for a fiance visa may be able to deter fraudulent marriages from occurring. The process to obtain a fiance visa is not a quick and easy one. It can take a long time and it is very in-depth.
What steps are taken?
Upon applying for a fiance visa, there are many steps the couple needs to go through. Each individual will have a background check done. This will monitor their fingerprints and their names. It will also check any criminal records that may be found. The authorities have the right to ask for any additional information that they may need for your case. In addition to the background check, the individuals will have to provide proof of their relationship. They must be able to establish that they have known each other within two years of prior to filing for the visa. Proof of this can be in the form of photographs of the two, correspondence between them, financial support of one another and much more. Other requests that may be made can include an income evaluation to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. With this evaluation, it can ensure that the petitioner can meet the income requirements to support both parties living in the United States.
When is the process over?
When the petition for the fiance visa gets approved, the process is still not complete. Even after the petition gets approved, it does not mean that the visa will be given to the individual. The fiance will then have to go through a medical examination to ensure that they are in good health. An interview will be done to assess their situation. The time for this whole process can vary depending on each case. It may take quite some time.
Our firm understands how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.