What Is a Fiancé Visa?
For U.S. residents or lawful permanent residents who wish to marry a non-citizen immigrant, a fiancé visa allows their partner to travel to the U.S. for the purposes of marrying the citizen. The fiancé visa allows the alien to enter the U.S. and marry their citizen partner within 90 days. Once the marriage is completed, they will typically be granted conditional residency for a period of two years. After two years, the immigrant may apply for an adjustment of status, in which they can be granted lawful permanent residence.
Alternatively, a person can also petition a non-citizen that they are already married to. They can do so using a Spouse Visa application. This requires much documentation of the couple’s marriage and may have a different time frame than a fiancé visa.
What Is Needed to Obtain a Fiancé Visa?
In order to obtain a fiancé visa, the U.S. citizen must obtain and file a form I-129 Fiancé Petition. This establishes their relationship with the person travelling to the U.S. for marriage purposes. In addition, the immigrant applicant must supply all standard immigration documents, such as a valid ID, passport, medical records/bank records, and other documents. They must also have a clean criminal record, and should be able to support themselves while living in the United States.
In addition, the couple will usually have to supply evidence that they are truly engaged and are not seeking to evade immigration laws or requirements. For instance, they may need to provide phone transcripts, photographs, e-mails, and other documents that show how the couple has been interacting together. They may be subject to an interview by immigration authorities once the immigrant has travelled to the U.S.
What Is Immigration Marriage Fraud?
Immigration marriage fraud is when a non-citizen foreign alien tries to get married to a U.S. citizen for the sole purpose of obtaining citizenship or lawful permanent residence. Such marriages are prohibited under U.S. immigration laws. Violations of such laws may be met with severe penalties, such as removal/deportation from the U.S., and a ban on re-entry in some cases.
In addition, the U.S. citizen spouse may also face legal consequences if they knowingly enter into a fraudulent immigration marriage arrangement. Even third parties can be implicated in such crimes if they help to facilitate a fake marriage.
As mentioned, immigration authorities take many steps to discover and prevent the occurrence of fraudulent marriages. Thus, if you are planning on marrying an immigrant, it’s important that you follow all of the immigration steps and requirements very carefully. If you’re unsure of any documents or issues, it may be helpful to enlist the services of an immigration attorney.
Do I Need a Lawyer for Assistance with Immigration and Marriage Issues?
Some people may have many questions and inquiries when seeking to marry an immigrant. You may need to hire an immigration lawyer in your area if you need guidance or advice when filing specific types of visas. Your attorney can inform you of all the steps that you need to handle in order to proceed. Also, if you come across any additional legal issues or disputes, your attorney can help represent you during court appearances or appearances before an immigration board.
