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What are the eligibility requirements for getting a fiancé visa?

On Behalf of | May 31, 2022 | Immigration Law

As a resident of California who falls in love with someone who hails from a different country, you need to follow certain protocols if you want to bring your fiancé to the United States so that you may marry. Before you may apply for a fiancé visa for your loved one, you need to determine if your situation meets the eligibility criteria for obtaining one.

U.S. Citizenship and Immigration Services notes that the following must be true for you to bring your fiancé to the United States to marry him or her.

What determines if you are eligible for a fiancé visa

You need to be a legal U.S. citizen and an adult to bring your fiancé to the United States to marry you. Neither of you may be in a marriage already, and you must have met each other in person at least once within the two years preceding your marriage. However, you may be able to avoid the “meet in person” requirement if doing so would cause you extreme hardship or be a violation of your religious, social or cultural beliefs.

What happens if you do not marry in time

Your fiancé visa expires after 90 days, so if you secure one and then you and your fiancé do not marry one another within this span, your fiancé must return to his or her home nation. Failing to marry within the 90-day window may also lead to complications if your fiancé tries to reenter the United States at a later date.

If you and your fiancé do marry within the 90-day window, your new husband or wife may then apply for a green card.