U.S. citizens are eligible to file petitions for their partners to get fiancé/fiancée visas to enter the United States for the purpose of marriage and permanent residence in the United States.
In most cases, you and your partner must have met in person within 2 years before filing the petition. There are exceptions to this requirement.
U.S. immigration officials do not recognize marriages to more than one person at the same time. In order to be eligible to file a fiancé/fiancée visa, you must show that any previous marriages, for you and your partner, have been terminated by death, divorce, or annulment.
In most cases, U.S. immigration officials recognize any marriage, including same-sex marriages, so long as it was lawfully conducted wherever it took place.
The first step in the process involves an application for the fiancé/fiancée visa to U.S. Citizenship and Immigration Services (USCIS). If USCIS approves the application, the next step is to submit applications to the U.S. Department of State. Your partner will be scheduled for a visa interview at the U.S. consulate or embassy where they are residing.
After the conclusion of the visa interview, U.S. government officials will determine if your partner is approved, or if your partner needs a waiver of inadmissibility in order to be eligible for approval of the visa.
If U.S. government officials approve the visa application, your partner will receive a fiancé/fiancée visa. You and your partner must legally marry within 90 days of your partner’s entry to the United States with this visa. After marriage, your partner will then be able to apply for permanent resident status.
Applying for a fiancé/fiancée visa often involves complex legal issues and analysis of your particular situation and history. Our office has extensive experience in handling visa applications and reviewing the histories of potential applicants to determine if you are likely to be approved for a visa, or if you may need a waiver in order to be approved.