Fiancé Visas

Fiancé petitions allow a U.S. Citizen to bring their spouse to the United States and then get married in the United States within 90 days of entry into the United States. Once married, the fiancé can then apply for adjustment of status to obtain a green card in the United States. Fiancé visas can be a good option for same sex couples in countries where same sex marriage is not legal or in countries with bureaucratic obstacles that make it difficult for a foreigner to get married. In order to obtain a fiancé visa, you must show that you have met your intended spouse within the past two years in person. You can obtain a waiver of the two year meeting in person requirement if you can show that a serious illness or strict religious/cultural barriers prevented the meeting. 

The first step in the fiancé visa process is to file a petition in the United States detailing the validity of your relationship and proving that you are eligible to marry. Once the petition is approved it will be sent by the National Visa Center to the consulate for an interview. You will have to fill out the visa application, attend a medical exam, and be interviewed by a consular officer. All of this will generally have to happen within four months because an approved fiancé petition is only valid for four months, although a consular officer has the discretion to extend its validity if they so choose. Once the visa is approved and the fiancé has entered the United States, they need to plan to get married within ninety days. If they do not get married within ninety days, they will have to return to their country – they cannot apply for any other type of status in the United States. If they get married within the ninety days, they can file for adjustment of status at any time – even after the ninety day period has passed. Another interesting fact is that a fiancé visa holder who gets married within the ninety-day period can apply for adjustment of status even after divorce in certain circumstances.