The fiancé petition turns out to be the best option for many U.S. citizens with a fiancé in a foreign country they wish to bring to the United States. The option applies if the fiancées have met within the past two years and can show that they have the intent to marry within 90 days of the fiancé’s arrival in the United States.
The case is first filed and approved with the USCIS in the United States, and then the fiancé uses Consular Processing to complete the application process. Timing is often critical, so gathering all the important documents so that the application can be filed quickly and completely can ultimately save months in the application process.
Once the fiancé arrives in the United States, she or he may apply for employment authorization and should receive it in about 75 days. As soon as the marriage takes place, the fiancé can apply for adjustment to permanent resident status, and depending where the couple lives, this application should be approved within 4 to 12 months.
If you are considering the fiancé option, one other option you may wish to consider is the option of traveling to the home country of the fiancé, getting married, and then bringing the individual into the U.S. as your spouse rather than as your fiancé. There are many advantages and disadvantages to each option, and an experienced immigration attorney can help you determine which is the best approach in your particular situation.
April 9, 2021Certain K Fiancé(e) Visas, Immigrant Visas, Exchange Visitors, and Pilots/Aircrew May Now Qualify for National Interest Exceptions for Regional COVID Proclamations
The U.S. Department of State has provided updated guidance on eligibility for National Interest Exceptions to three Presidential Proclamations which…More