If a U.S. citizen is engaged to marry an immigrant that is residing outside of 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 U.S. Immigration & Citizenship Services (USCIS) on behalf of his or her fiancé (fiancée). If you are interested in applying for a fiancé visa, the immigration attorneys in our office can provide you with assistance with this process and in the steps that follow marriage. Additionally, our Michigan fiancé visa lawyers could prepare all necessary documents and handle any obstacles in this process.

Eligibility for Fiancé Visa

To petition for a fiance(e) visa, both parties must be legally free to marry each other. This means that one is unmarried, and that any previous marriages have ended through divorce, annulment or death. The couple must have also met in person within the last two years before filing for the fiance(e) visa. This requirement can be waived only if meeting in person would violate long-established customs, or if meeting would create an extreme hardship for the U.S. Citizen. Further, a fiance(e) may enter the United States only one time with a fiance(e) visa. A U.S. Citizen may also apply to bring a fiance(e)’s unmarried children (under age 21) to the United States.

After the petition is approved, the fiance(e) will obtain a visa issued at a U.S. Embassy or consulate abroad to travel to the United States to marry. After entering the United States, the couple must marry within 90 days of the fiance(e)’s arrival. A fiance(e) may not obtain an extension of the 90-day original nonimmigrant admission. Until the marriage takes place, the fiance(e) is considered a nonimmigrant. If the fiance(e) leaves the country before getting married, he or she may not be allowed back into the United States without a new visa.

Once married, the former fiance(e) is eligible to apply for adjustment to Lawful Permanent Resident (Green Card) status, which s/he must do in order to remain in the U.S. Please note, should the fiance(e) obtain a “Green Card” based on marriage, 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. For more information about this process, contact a Michigan fiancé visa lawyer.

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