There are a number of different types of visas which are available for immigrants who wish to come to the United States. A special type of visa is available for those immigrants who are engaged to a U.S. citizen. Fiancé visas are known as K-1 visas, and are petitioned for using the form I-129F. A fiancé visa is specifically for those who are actually planning on getting married. These types of visas were created as a way to allow immigrant workers to bring their fiancés here as they begin a new life in the United States.

Criteria for Fiancé Visas

As with other types of visas, fiancé visas have certain requirements that must be met in order to submit an application. The form I-129F is the petition that must be filled out and submitted. In order to qualify, applicants must establish four main criteria:

  • The Sponsor Must Be a U.S. Citizen
  • The Sponsor and Applicant Must Be In A Real Relationship
  • Sponsor and Fiancé Must Have Seen Each Other In Person Within The Past 24 Months
  • Both Parties Must Meet The Legal Requirements For Marriage In Their State

It is important to know that you must provide proof that you meet the criteria set forth in the application in order to be considered. It is helpful to speak with a knowledgeable immigration attorney to ensure that you meet the requirements.

Procedures for Obtaining a Fiancé Visa

Submitting an application is the first step in the process of obtaining a fiancé visa. Once the application is accepted, USCIS will review the information submitted before a determination will be made. In addition, the applicant must provide fingerprints, and is required to submit to a detailed background check. The process involves a thorough investigation, which is completed with help from various governmental database verifications.  This required check is also known as the vetting process.

Verification of Information

With the United States on a heightened alert for terrorism and other threats to homeland security, the verification process for visa applicants is more stringent than ever. A review of your criminal record is just one part of the process. A review will be done of your social media posts, friends and relatives, and other connections that could provide information on your background. You will also need to meet with an immigration agent for an interview. The visa application procedure can be long and complicated. It is often helpful to seek guidance from an experienced immigration attorney to assist you throughout the process.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Fiancé Visas, or other Immigration Law matters, please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.