Immigration To The U.S. Through Fiancée Visa

Through Fiancée Visa

Through Fiancée Visa

Immigration to the U.S. through fiancée visa like most people say is the most interesting process among the systems of acquiring citizenship. What makes this interesting? Because mainly the ones involved here would be two people living in two different countries but wanting to get married and settle in the U.S. Specifically there is the American citizen and the foreign national which in essence have mutual relationship and want to get involved through marriage.

With the revolutionary forms of online dating, people building their relationships through the web becomes common which most of the times can lead to marriage proposal and the filing of fiancée visa. Known as the K-1 visa, the fiancée visa can be granted to a foreign fiancée when an American citizen files a petition in the goal of marrying the fiancée and make him or her absolute legal immigrant of the U.S. And just like other ways of how to legally petition individuals to America, certain criteria should be met by the petitioner and the fiancée. There would be various forms that must be filled up to show that the relationship is legitimate and not involving any dishonesty to the law.

Why The Strict Rules in the Fiancée Visa?

In the past, filing fiancée visa would seem so easy for single, divorced or widowed American citizens to marry single individuals living outside the U.S. The couples would build their long distance relationship, the American citizen proves to immigration court that there is mutual relationship and can prove capability to support the fiancée and the K-1 visa could be at hand.

But then the practice of fiancée system became a trade. Some single or divorced American citizens would get paid generously by the relatives of the supposed to be fiancée to come up with a fiancée petition. After few months of marriage, divorce will be filed and the opportunists can go their own ways as legal citizens of America. As such, this became an outright dishonesty to the privilege the government has been granting to its citizens while the national security becomes unstable due to the coming of undesirable aliens through the fiancée system.

With such bad practice, the immigration system has put up stricter rules. Today, a petitioner along with the fiancée must prove to the authorities that there is no money involve in the filing of the fiancée visa but purely to complete the marriage and the couple will really stay husband and wife.

To follow the guidelines set by the American immigration system, there should be strong and enough evidences to prove that the marriage is the sole goal for the K-1 visa. The petitioner should primarily be an American citizen with good criminal records while the fiancée should also have clean background and of legal age and bound by the law to be capable of marriage.

Here are strong proofs that can support petition for fiancée visa and which the authorities mostly likely to request.

Evidences to Prove the Relationship is Real

    • The American petitioner must present physical documents to prove the legitimacy of the relationships which can be letters, cards, photographs, emails, pictures and even long-distance telephone bills that come from both parties.
    • The American petitioner must submit a signed affidavit that relates how he or she met the fiancée and how they came up with the concept of marriage. They must also support this by stating the plans for their wedding and where they would be spending their honeymoon.
    • The American citizen petitioner must show proof to show financial capability to support the fiancée through the Affidavit of Support form by presenting financial documents such as annual income from regular employment and other income from businesses.
    • The American citizen petitioner along with the fiancée must file a petition attesting that they intend to get married. If everything goes well with the petition and the fiancée arrives in the U.S., the fiancée and the petitioner must get married within 90 days upon the arrival of the fiancée.
    • The American petitioner must file all his petitions and other supporting documents at the Department of Homeland Security (DHS). If the DHS found that the relationship is legitimate, the petition can be approved in 3-6 months. When the approval has been granted, the fiancée must do her part in following the proceedings required by the DHS until she gets her fiancée visa through her country’s U.S. Embassy.

From out of the requirements that the petitioner is required to file to show the legality of the relationship, the U.S. government will also have its part to investigate and prove further that the goal for marriage can be legal. For one, the immigration officials will check if the petitioner has any past or present criminal convictions. In case there are, the convictions must be revealed thru petition documents and the immigration officials will check these documents to see if the petitioner is already cleaned out. The result of the investigation will also be relayed to the foreign fiancée.

Legality of the relationship

Legality of the relationship

Other than this, there are also additional proofs that the authorities must check upon. For example, it is now required that the petitioner and the fiancée must have met personally within the past two years. However, this can be waived if the fiancée and the petitioner have not personally met due to some reasons. For instance, the petitioner has experienced financial hardships that have restricted him to travel to the fiancée’s country. Or has been sick which restricted him to travel abroad. There could also be the cause of cultural tradition wherein the fiancée (usually a woman) is not allowed to meet her fiancée but only during their wedding day.

Furthermore, the advantage of fiancée visa also goes all the way to the children of the fiancée. For instance, the fiancée’s unmarried children that are under the age of 21 can be eligible for petition as well and can obtain the K-2 dependent fiancée visas so that they can be with their parent right in the U.S. However, there is a catch to this. The petitioner and the fiancée must not get marry before the fiancée can file petition for her children. If the couple gets married, this will invalidate the right of the fiancée to file the K-2 dependent visa for her children so the couple has 90 days to take the children in.