Branch Office Pokhara,Nepal

Fiance(E) Visa System

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United State of American Citizen with an Overseas Fiancé(E) May be able to Bring His/Her Fiancé(E) to the USA Prior to Getting Married. The Sponsor And His/Her Fiancé(E) Must Show Proof that They Have Met in Person at Least Once Prior to the Fiancé(E)’S Arrival in the USA. The Petition is Processed Initially with the Appropriate USA Citizenship and Immigration Services (USCIS) Service Center with Final Processing Completed at the USA Embassy Consulate Abroad Where the Fiancé(E) Appears For an Interview with the Consular Officer. Once the Fiancé(E) Arrives in The United States, The Couple Must Marry Within Ninety Days of entry, otherwise the fiancé(e) has violated his/her non-immigrant visa status. It cannot be extended or Re-generated without a return abroad.

 

Fiancés of American citizens have two basic immigration possibilities:

  • The future spouse could enter the country on a fiancé visa (also known as a “K-1 visa”), allowing them to marry in the United States.
  • Alternatively, you could marry outside of the United States and then have the US citizen spouse sponsor the foreign spouse for a green card (the “I-130 petition,” also known as the “IR1 / CR1 process”).

 

Eligibility:

Fiancé Visa: The K-1 fiancé visa is for fiancés of US citizens who live outside of the US and plan to marry within 90 days of arriving in the US. The K-1 fiancé visa has the following requirements:

  • Both you and your fiancé must be single and legally married in the United States. (This means that regardless of whether the foreign spouse’s home country accepts same-sex marriages, same-sex couples are eligible for the K-1 fiancé visa.)
  • The sponsoring partner must be a citizen of the United States. Fiancé visas are not available to green card holders in the United States.
  • When filing for the fiancé visa, the U.S. citizen partner must earn at least 100% of the federal poverty limits, while the foreign partner must earn 125 percent of these guidelines when applying for his or her green card.

 

Marriage-Based Green Card: Spouses of US citizens and green card holders can apply for a green card through the marriage green card process (which begins with an I-130 petition) (permanent residents). The following are some of the requirements:

  • You and your spouse must have a legally legitimate marriage, which is often documented by a marriage certificate that includes both spouses’ names, the location of the ceremony, and the date of the marriage. (Marriages between same-sex couples and heterosexual couples are both legal in the United States.)
  • You must confirm that both couples’ previous marriages were annulled (typically with a divorce or death certificate).
  • You and your spouse must use evidence such as a shared lease, joint bank account statements, and photos together to prove that your marriage is not false.

 

What are the documents required for Fiancé Visas? 

The documents needed for a marriage green card vary depending on the circumstances, but they usually comprise the following:

  • Birth certificate
  • Marriage certificate
  • Financial documents
  • Proof of sponsor’s citizenship or permanent residency in the United States
  • Proof of legal entry and status in the United States, if applicable
  • If applicable, a police clearance certificate
  • Current/expired U.S. visa(s)
  • Medical examination document

 

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