Law Offices of Cindy Ramjattan Paul - Immigration lawyer, Nutley, NJ

Foreign Fiance and Visa Requirements

So you’re in love and distance is the only obstacle to fulfil your goals of marriage, now what? The United States government has a visa for that! In the case that you are a United States Citizen and you are engaged to be married with an individual who is a foreign citizen, you can facilitate that process through filing for a K-1 Visa. This Visa allows foreign citizen fiancés to travel to the United States to marry their beloved within 90 days of arrival. Filing the Petition Form I-129F is the proper first step to attain K-1 visa. But, what does it take to be approved for form I-129F?

First and foremost, this should go without saying but you MUST be a United States Citizen to sponsor a fiancé. Secondly, the sole intention of the trip to the United States is to strictly marry the petitioner. That must be backed up with proof of such, for example, wedding invitations, booking conformations, invoices of spending, etc. There must also be evidence that the parties have met in persona at least once within two years of filing the application. You must bonify your relationship and have proof of love and communication through text messages, phone records, money transfer receipts, pictures, gifts, letters, etc. Once those things are proven and the Petition Form I-129F is filed and approved by USCIS the National Visa Center will give you a case number and a date of interview at the designated U.S Embassy.  In the case that the beneficiary has children they are eligible to apply for a K-2 visa based off of the approval of the parent’s petition when they are listed on the petition.

The interview requires both parties to be prepared to answer questions as well as provide additional proof to confirm the union. There can be no legal impediments to the marriage, for example, underage marriage is not permitted as well as legal existent previous marriage. The official Online Non-immigrant Application (DS-160) must be completed for the interview as well. Any prior criminal history must be disclosed by both parties. The National Visa Center also requires proper medical examination results the day of the interview as well as evidence that the petitioner can fully support the beneficiary. The additional items that are required at the interview are…

  1. Passport
  2. Birth certificate
  3. Divorce and/ or death certificates
  4. Police certificates
  5. Payment of fees
  6. Two 2x2 photographs

In the case that the interview goes well the parties must be married within 90 days after entry into the United States. All that is left to do is file for resident status as well as both employment and travel authorizations if desired. At The Offices Of Cindy Ramjattan Paul we work tirelessly to ensure that your petition is likely to be approved. 

Contact our firm today to learn more and schedule a consultation at 973-542-0200!