A U.S. citizen may file a
petition to have his or her fiancee enter the U.S. to be
married. After
the immigration petition is approved, the fiancee obtains
a visa from the U.S. Embassy or consulate. The marriage
must take place within 90 days of the fiancee’s entry
into the U.S. or the fiancee will be required to leave. This 90-day
admission may not be extended.
The fiancee should not enter
the U.S. on a tourist or other type of visa and then marry
because the immigration service may consider the visa to
have been fraudulently obtained if the real purpose for
coming to the U.S. was to be married. This situation
could result in a subsequent spousal
petition being denied by the immigration service even
though it is a true marriage.
To be eligible for a fiancee
visa, the U.S. citizen and the fiancee must have met in
person during the 2 years before the petition is approved
unless doing so would violate established religious or
cultural customs or would create extreme hardship for the
U.S. citizen. A fiancee’s unmarried children
under age 21 may accompany him or her to the U.S. on the
visa.
After the marriage, the
finacee (and his or her children) may remain in the U.S.
and apply to the immigration service for permanent
residency.
When You Need an Immigration
Lawyer,
Rely on Us for Skill,
Determination and Experience.