14 Haziran 2012 Perşembe

With a fiancé visa how long can I stay in the US?

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‘Marriages are made in heaven’ is a very popular adage!  Even though they are finalized in heaven, the wedding has to be solemnized on earth. US Immigration laws are framed so as to benefit US citizens who marry nationals of other countries. Love has no barriers and the US laws are so helpful for the lovers to unite in matrimony.
A US citizen can easily bring in the fiancé into the US, get married and live happily. In case the Fiancé is already legally in the US or the marriage is to take place outside the US, then this fiancé visa need not be filed. The K-1 Fiancé visa is the one that is used specifically for this purpose.
Know about the fiancee visa
This visa belongs to the nonimmigrant visa category and it should be petitioned by the US citizen spouse, with the USCIS, for the fiancé to enter the United States. Once this visa is approved, the foreign national fiancé can enter the US and get married within 90 days of arriving in the country. The foreign national can then adjust status to that of a permanent resident and get a green card.
The 90 days period is the most important factor to be considered. The duration of the fiancé visa is just 90 days and if the marriage does not happen within this time limit, then the visa stand cancelled and the foreign national spouse has to leave the US. Extensions cannot be obtained for this fiancé visa and the marriage has to place within this 90 days.
Form I-129F is the USCIS form that is used to petition a foreign fiancé. Children of the fiancé can also be petitioned by the US citizen using the same form but for a different K-2 visa. The filing fee of this fiancé visa is $340 and it is advisable to check the USCIS site before filing the application. This form cannot be adjudicated at any USCIS office that is outside the US.
Since the marriage has to take place within 90 days, all the preparations should be made ready well in advance itself. The processing times of this fiancé` visa varies but once can check their application status on the USCIS website using the ‘Check processing times’ link.

Who can file this fiancé visa?US citizen who is petitioning this visa should be able to demonstrate the following in order to file the same. 
  • Proof of US citizenship status
  • Intention to marry within 90 days of the fiancé’s entry into the United States.
  • Both the petitioner and the fiancé should be legally free to enter in marriage and any of their previous marriages should be legally terminated.
  • Both of them should have met in person at least once within 2 yrs of applying for the fiancé visa. Only two circumstances allow an exemption form this
1.      If the meeting was in terms of violation of the country’s or custom’s norms2.      If the meeting would prove to result in extreme hardships
What next after getting the fiancé visa?
Once the foreign national enters the US on this fiancé visa and gets married to the US citizen, the next step would be to apply for permanent resident status. It is also possible for the fiancé to file in              Form I- 765 which is the Application for Employment Authorization and become eligible for employment in the US.

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