Listed below are some of the most frequently asked questions The Mace Firm’s Immigration attorney answers on a daily basis.  There are many more questions and certain procedures that have to be followed to be approved by the United States government for a visa in the United States.  These procedures can be very difficult and frustrating.  The Mace Firm’s immigration attorney, Nicole N. Mace, is an invaluable resource and would love to help your immediate family member gain legal status in the U.S.  If you are planning to get married to someone in another country, please call our office at 843-839-2900 to schedule a consultation.

FAQ’s

1.    What is a fiancé according to USCIS?
A fiancé is a person who is engaged or contracted to be married.  The marriage must be legally possible according to the laws of the state in the United States where the marriage will take place.
    In general, the two people must have met in person within the last two years.  The Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement.  For example, it may be contrary in some traditions for a man and a woman to meet before marriage.
Sometimes the USCIS considers a person a fiancé even though a marriage contract has been concluded.  In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

2.    How does a fiancé visa work?

If you are an American citizen and want your foreign fiancé to travel to the United States to marry you and live in the U.S., a Petition for Alien Fiance (Form I-129F) must be filed with the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. 
After the petition is approved, the USCIS will send the petition to the National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé will apply for the K-1 nonimmigrant visa for a fiancé.

3.    How long is the I-129F petition valid?
The I-129F petition is valid for four (4) months from the date of approval from USCIS. 

4.    What if the I-129F petition expires?
Consular officers can extend the validity of the petition if it expires.

5.    What is the approximate processing time for a K-1 visa?
It will take at least four (4) to six (6) months from the time of filing with USCIS to fiancé’s arrival.

6.    What documents are required besides the application forms?
·    Valid passport
·    Birth certificate
·    Divorce or death certificate of any previous spouse
·    Police certificate from all places lived since age 16
·    Medical examination
·    Evidence of support
·    Evidence of valid relationship with the petitioner
·    Photographs
Other Documentation
·    Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States
·    The petitioner and beneficiary must have previously met in person within the past two (2) years unless the Attorney General waives that requirement
·    As soon as the processing of a case is completed and the applicant has all necessary documents , a consular officer will interview the fiancé
·    If found eligible, a visa will be issued, valid for one entry during a period of six (6) months.

7.    Who is ineligible for a visa?
Applicants who are not eligible include those who:
·    Have a communicable disease
·    Have a dangerous physical or mental disorder
·    Are drug addicts
·    Have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking and prostitution
·    Are likely to become a public charge
·    Have used fraud or other illegal means to enter the United States
·    Are ineligible for citizenship

8.     If my fiancé’s petition was denied, what can I do?
You will receive a denial letter that will give the details on how to appeal the decision.  Generally you have thirty three (33) days from receipt of the letter to appeal.  Your appeal must be filed on Bureau of Citizenship and Immigration Services Form I-290B.  The appeal must be filed with the office that the original decision was made.
 
9.    Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?
No.  The 125 percent minimum income requirement, the most recent year’s tax return and other requirements only apply when an I-864 is needed.  Applicants using the I-134 will need to show that their sponsor’s income is 100 percent of federal poverty guidelines as requires under Section 212(a)(4) of the INA.

10.    What happens after getting the fiancé visa?
Your fiancé will enter into the United States through a U.S. immigration port-of-entry.  He/she will get instructions from the U.S. immigration official on what to do.  You must get married within 90 days of your fiancé’s entry into the United States.
After marriage your fiancé must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States.  You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse’s application to become a lawful permanent resident. 

Our office in Myrtle Beach is now representing families needing help in getting a Green Card.  There are several areas of immigration law that we will be handling in our Myrtle Beach office.