Fiance Visas
If a U.S. citizen's fiancé(e) is neither a citizen of the United States or an alien residing in the U.S. and the couple plans to get married in the United States, then the U.S. Citizen can file a petition within the U.S. with USCIS (formerly the INS) on behalf of the fiancé(e). After the petition is approved, the fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e), provided that both parties are legally free to marry. This means that one is unmarried, or that any previous marriages have ended through divorce, annulment or death. The couple must also have met in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting in person would violate long-established customs, or if meeting would create extreme hardship for the U.S. Citizen. The couple must marry within 90 days of the fiancé(e) entering the United States. Until the marriage takes place, the fiancé(e) is considered a nonimmigrant. The immigration lawyers in our Michigan office can provide assistance in applying for a fiancé visa and in the steps that follow marriage.
Once married, the former fiancé(e) is eligible to apply for Lawful Permanent Resident (Green Card) status, which s/he must do in order to remain in the U.S.
Please note, should the fiancé(e) proceed to obtain a "Green Card" based on marriage, he/she will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.
Further, a fiancé(e) may enter the United States only one time with a fiancé(e) visa. If the fiancé(e) leaves the country before getting married, he or she may not be allowed back into the United States without a new visa. An alien should always consult with an immigration attorney before leaving the United States.
A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.
A U.S. Citizen may also apply to bring a fiancé(e)'s unmarried children (under age 21) to the United States.
