Fiance visas can help to reunite you and your future spouse, but obtaining and keeping one can sometimes be challenging. There are strict requirements that you and your fiance must meet or he or she could be denied entry into the country. If your fiance is planning to petition for a visa, here is what you need to know.
What Rights Does the Visa Grant?
A fiance visa gives your intended the opportunity to legally enter the country. The visa allows only 90 days for you and your fiance to marry. If you are not married during that period, he or she will have to leave the country. If your fiance fails to leave, he or she could be deported by immigration officials.
In the event that you and your fiance marry within the 90-day period, he or she can apply for an adjustment of status. The adjustment is the first step on the road to obtaining a green card. Once your spouse has the green card, he or she can start taking steps towards citizenship, if desired.
The protections from the visa could also extend to any minor children that your fiance has. You and your fiance will need to file separate petitions for each child, but note that they are the minor children of someone applying for a fiance visa.
What Are the Requirements?
There are several requirements that both you and your fiance need to meet to qualify for the visa. Failing to meet just one of the requirements could result in a denial of his or her application.
One of the most important requirements is that you and your fiance have to prove that you have met in person within the last two years. You can prove this with the help of airline boarding passes, copies of photos with the date and location noted, and passport stamps.
Unfortunately, phone records and emails are not considered evidence of the physical meeting. Even if you and your fiance converse about a visit in the emails, it is not enough. However, those records can be used to show that you do have an ongoing relationship.
You and your fiance also have to prove that you are legally able to marry. If you or your fiance is divorced, proof of the divorce will need to be submitted with the visa petition.
To ensure you and your fiance meet all of the other requirements of this special visa, work with an experienced immigration attorney. For more information, contact a firm such as Fickey Martinez Law Firm, P.L.L.C.
