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What are the requirements for a fiancé(e) visa?

While people in Florida will surely understand that a husband or wife who are not citizens of the United States would like to come and live in the country will generally be allowed to do so if they are legally married, an issue that often comes up is whether a fiancé or fiancée can come to live in the U.S. The U.S. Immigration and Naturalization Service has certain rules for U.S. citizens who are trying to bring a foreign national to whom they are not married, but are planning to marry, into the country. Understanding this is a key to getting it done.

When marrying a foreign national the eligibility requirements are paramount. The person who seeks a fiancé(e) visa must show the following: that the petitioner is a citizen of the U.S.; that there is an intention to marry the foreign national within 90 days of him or her entering the U.S.; that both parties are free to marry and any past marriages have been legally concluded; the couple met one another in person at least one time in the two years before filing the petition.

A waiver for the requirement that the couple had met in the previous two years can be requested in the following circumstances: if requiring it would be a violation to strict and long-established customs based on the social practices of the citizen and the other person; if it is proven that fulfilling the requirement would pose an extreme hardship to the citizen.

For people who are planning to marry a foreign national, it is essential to go through the proper legal channels for the person to come into the U.S. legally. It is possible to get a visa for a fiancé(e), but the rules can be confusing. Having assistance from a lawyer experienced in all aspects of family immigration is vital.

Source: uscis.gov, "Fiance(e) Visas," accessed on May 16, 2017

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