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Getting married in America: Fiancé visas and your rights

Individuals who are working toward bringing a fiancé to the United States may have serious concerns about how announcements and changes made by the new administration could affect this process. While it may seem more complicated than ever before, with the right legal assistance, you can secure the appropriate fiancé visa, bring your loved one home to Colorado and move forward with your wedding plans.

Can you petition for a fiancé visa?

According to the U.S. Citizenship and Immigration Services, only certain people are eligible to petition for this type of visa. You may be eligible to seek a visa on behalf of your fiancé if you meet any of the following requirements:

  • You are a U.S. citizen.
  • You plan to marry your fiancé within 90 days of his or her entrance into the country.
  • You and your fiancé are both free to marry.
  • You have met each other at least once within the last two years.

Only after the marriage takes place can your new spouse then apply for permanent residence and remain in the country while his or her application is processed. If the wedding does not take place within the 90-day window, the visa will expire, and your fiancé will have to leave the country. If that individual refuses to leave, he or she would be in violation of U.S. immigration law.

Important information for fiancé visa petitioners

In many situations, there is more at stake than just bringing an individual to the United States to get married. It is important to know your rights and those of your fiancé before he or she arrives. It is vital to consider the answers to the following questions:

  • Does your fiancé have a child? If he or she has an unmarried child under the age of 21, it is possible that a K-2 non-immigrant visa will be available.
  • Does your fiancé plan to work? After entering the U.S., your fiancé may be able to work by filing paperwork to receive certain authorization.
  • How long does it take to process a fiancé visa application? There is no set timeline for visa applications; authorities process these applications in the order of submission.

Immigration laws are in constant flux, and it can be complicated to navigate the process on your own. Fortunately, with the help of an experienced immigration attorney, you have a better chance of successfully obtaining your desired outcome.

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