U.S. citizens and lawful permanent residents have the right to petition for their foreign national partners and obtain a visa so that their fiancé(e) can live with them in the U.S. Citizens have two options to help their spouse or fiancé(e) live with them:
1. Apply for Immigrant Visa
2. Apply for Non-Immigrant Visa
Applying for an immigrant visa for spouse or fiancé (e) may seem easy, but even the smallest mistake in the application can render it as invalid. Therefore, you must be very careful when applying for an immigrant visa for spouse or fiancé (e).
Here are a few things that you need to know before you start the process to ensure no mistakes are made.
Applying for Immigrant Visa for Spouse or Fiancé (e)
If you are a U.S. citizen and want to marry someone who is settled out of America, then you need to apply for a visa that will allow your fiancé or fiancée to visit the U.S. and get married to you. However, you must first know about the requirements so that you make no mistakes during the application process
1. The applicant must be a U.S. citizen. If you are a green card holder, you must first apply for Citizenship to become a U.S. Citizen. Only after you become a U.S citizen can you apply for an immigrant visa for your foreign national fiancé (e).
2. In order to get the visa application approved, you must be able to prove that you and your fiancé (e) intend to marry each other.
3. Fiancé (e) visas are non-immigrant visas that are valid for 90 days only. So you must get married within 90 days or your fiancé (e) would have to leave the country once this time limit is over.
4. You must have met your fiancé (e) in person. Meeting over social media or other communication platforms such as Skype will not be considered valid. As proof you can provide photocopies of dated plane tickets, dated stamped photos of both of you, signed affidavits by family and friends, etc.
5. You should also be able to support your partner financially. This means you need to meet the income requirements of your state.
6. You can face problems if you have filed for more than two fiancé (e) visas in the past.
7. Both of you must be free to marry each other. This means there should be no pending divorce cases.
8. The applicant (the U.S citizen) must have a clean background. This means the applicant should not have been convicted of any crime in the past.
9. The fiancé (e) is also required to qualify the requirements of the USCIS and should have never violated U.S. immigration laws.
You can apply for an immigrant visa for a spouse or fiancé (e) only if the above conditions are met. This is the reason why professional assistance is a must. An experienced fiancé visa attorney can help you understand the visa process and find solutions that will help you apply for an immigrant visa for spouse or fiancé (e) in case one or more conditions are not met.
Do You Need to Hire an Immigration Visa for Filing the Petition?
You are not required to hire an attorney to file a petition for your foreign national fiancé (e), but you will surely benefit if you seek the assistance of an experienced immigration attorney. Numerous conditions need to be met and several documents provided in order to get the application approved. Moreover, immigrant visa requirements and processes may differ with each state. So, an attorney from your state can help you. For instance, if you are in Cleveland and want to apply for an immigrant visa for your fiancé (e), one of the fiancé visa attorneys Cleveland can help you file the petition.
Some ways in which the assistance of an immigration attorney can be helpful are:
- An experienced attorney can help you understand the complicated visa application process.
- He/she can help you gather the necessary evidence and prepare documents.
- The attorney can speak for you at the United States Citizenship and Immigration Services (USCIS), National Visa Center and U.S. Embassy or Consulate.
- The attorney will also make sure you do not make any mistake when filling the forms or speaking in front of the authorities.
- You can get complications sorted out easily with help of a seasoned immigration attorney.
- A huge number of petitions are rejected every year and several petitions lay unattended, resulting in delays in approval. Attorneys may have access to inside fax or email inquiry lines from where they can get to know about the reasons for the delay or rejection.
- An attorney can also help you with re-application, in case your previous attempts of filing the petition failed.
Working with an experienced attorney can be helpful in many ways. So you must find a reputed immigration attorney who can help you file a petition. Remember, there are an overwhelming number of attorneys in the state/county, but make sure you only work with one who is well-versed with immigration laws and specializes in immigration cases.
Filing a petition for immigrant visa for spouse or fiancé (e) may seem easy, but it can actually be daunting. So it is important that you prepare well and take help from an experienced attorney who specializes in immigration cases. Complications may arise if you fail to follow the guidelines and requirements. Therefore, make sure you understand the process well before you start the process.
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