When individuals are planning to get married, it can be a very exciting time in their lives. However, this may be complicated due to citizenship. If one spouse is not a permanent resident of the United States, they may need to file for a fiance visa. This can give them the permission they need to enter the country and permanently reside in it. There are specific requirements they must meet to qualify for this visa.
The two individuals that are planning to get married must have met within two years prior to filing for the visa. The first step of the process will be proof of their relationship. They must provide evidence that they have known each other for this period of time. If they are unable to do so, they may not be granted permission for this visa. The evidence can be in the form of photographs featuring the two individuals, copies of correspondence between the soon-to-be newlyweds, evidence of financial support, phone records and more. The main goal here is to prove that you two have known each other in that period of time.
The next step will involve a background check of both individuals. For this background check, their names and fingerprints will be monitored to expose any information. Authorities are able to ask for additional evidence when documenting the relationship. Other steps may include an income evaluation. This evaluation is to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. This will help to prove that the petitioner can support both individuals while they are living in the United States.
How does approval occur?
Once all of this information is considered, it can help to approve your petition. However, a medical exam and an interview are still needed to get approval for the fiance visa. Once this occurs, the couple will need to get legally married within 90 days of the fiance’s entry into the country. If you do not marry within that period of time, the fiancé will need to leave the country within 30 days. 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 United States.
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.