Before acquiring a fiance visa, the couple needs to fulfill certain requirements to be eligible for one. The couple must have met one another within two years prior to filing for the visa. There must be evidence provided to prove that this timeline is correct. With this evidence, it should include photographs of you and your soon-to-be spouse, copies of correspondence, evidence of financial support, phone records and more. This can help to support your case. The main goal is to provide information that shows you have known each other for at least two years prior to filing the application for the visa. If you are unable to provide evidence of your developed relationship, the petition may not get approved.

The fiance visa, also known as the K-1 visa, can be used to give your fiance access into the country. If this is granted, you will need to marry within 90 days of your fiancé’s entrance. If you do not marry within that period of time, your fiancé will need to leave the country within 30 days. Once you two are officially married, your new spouse can apply to adjust their status. They may be able to become a lawful permanent resident of the U.S.

How is the background check conducted?

For the couple trying to ensure a fiance visa, they will have to undergo a background check for each of them. Each individual will have their fingerprints and names monitored. Authorities have the right to ask for additional evidence when documenting the relationship. Other requests might include an income evaluation. This evaluation is to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. Through this evaluation, it can ensure that the petitioner can meet the income requirements to support both parties living in the United States.

What happens when my petition gets approved?

Once the petition for the fiance visa gets approved, the process it not completed yet. Although the petition can get approved, it does not mean that the visa will be granted to the individual. After this happens, the fiance will have to go through a medical examination to ensure that they are in good health. Then an interview will occur to assess their situation. The time for this whole process can vary depending on each case.

The Law Office of Neal Richardson Datta has over 25 years of experience guiding clients through a variety of immigration legal matters, some of which include deportation defense, petitions, and waivers. If you require the services of an experienced immigration attorney with the skill to effectively represent you, contact our firm today to schedule a consultation.

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