citizens have the right to file for permanent residency for close family members, including spouses. What is Next for Your Immigration Case After You Marry Your Fiancé?Īs soon as you marry your fiancée and file your marriage certificate at the courthouse, she is legally your spouse. Your lawyer can help you present a strong case that you and your fiancé have the financial means to live together in the United States even though you have been unable to visit each other for at least two years. If travel is not feasible now and has not been feasible for at least two years, you should contact an immigration lawyer. If you are worried that the lack of in-person visits will jeopardize your I-129F application, you should visit your fiancé or he should visit you soon, and then you can apply for the form I-129F after your fiancé returns to his country of citizenship. To say that the COVID-19 pandemic has disrupted international travel is an understatement some countries discontinued most, or even all, international flights for a year or more. For couples applying for fiancé visas in 2022, it is difficult to meet this requirement. One of the requirements for the form I-129F is evidence that you and your fiancé have visited each other in person at least once in the past two years, although USCIS will waive this requirement for a limited number of cases. How Does the COVID-19 Pandemic Affect Fiancé Visas? It is a good idea to hire an immigration lawyer if your first application for a K-1 visa got rejected a lawyer can increase your chances that the application will get accepted on appeal. To appeal the decision, you must file form I-290B and a nonrefundable filing fee of $675. The deadline for filing the appeal is 33 days from the date of the letter notifying you that USCIS has denied your application. If USCIS rejects your application for a K-1 visa, you have the right to appeal the decision. What Should You Do if Your Fiancé Visa Application Gets Rejected? If either partner has been married before, they must provide proof that the previous marriages ended either in divorce or annulment or in the death of one spouse. Both you and your fiancé must be legally single. Even if you and your fiancé originally met online, you need to have met in person at least once during your relationship. You can only get a fiancée visa if you can show that you are serious about marrying your fiancé and staying married. Who is Eligible to Receive a Fiancé Visa? Is a Fiancé Visa Considered an Immigrant or Non-Immigrant Visa?Ī fiancé visa is considered an immigrant visa, because the assumption is that, once you arrive in the United States, you will get married and become eligible to apply for permanent residency.
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