Sammy White, “What proof is required to what extent for fiance Visa?”
Well, you have to prove you met in person. Now, somebody will say in a comment somewhere or somebody will say, “Ah well you can get a waiver.” No you can’t is the answer. You can win the lottery too so is it theoretically possible to get your fiance here without meeting, theoretically it is possible, but it’s not going to happen for you, so forget that. And we won’t spend time talking about how you do it, because it’s really nearly impossible. So, you have to meet in person and it needs to be within the last two years, so if you met three years ago, if you met 25 months ago, it’s not going to happen. They’re real strict on that two year meeting. So, from the time you applied.
And then you need to prove it’s a legitimate relationship, which is a little fuzzier but you need to have some evidence that you’ve been corresponding and that this is the real deal.
You need to be of legal age to marry in your state, and your fiance needs to be legally available to marry you in their country, so not only age, but any prior marriages have to be cleared up. So, some states like California has what is it six month waiting period or cooling off period or whatever they call it?
Yeah cooling off period.
So, if you’re divorced and frankly most people who do this are divorced, at least the U.S. citizen. There is a time limit. If there’s a time limit in your state like California and several other states, you’ve gotta make sure that’s expired before you even apply. You can’t say, “Well, its going to expire in three months, but it’ll take six months to get the fiance Visa.” That’s not going to work, you need to wait until it’s completely that cooling off period or whatever they call it in your state, is done before you apply. So, you need to be free to marry and all that, that entails.
And then of course you have to meet the financial requirements, 100% of the poverty level, which will go up to 125 to get the Green Card once they get here. What else? Am I missing anything?
Free to marry, meet the income requirements, you’ve met in person, obviously your fiance and both of you will be subject to a background check and you know, you don’t have to have a spotless, you as a U.S. citizen you don’t have to have a spotless record, but there are certain things that will cause you trouble, mostly having to do with abuse, domestic violence, those kind of things. Doesn’t mean you’ll get denied again, but they might cause you trouble.
And then of course as we mentioned before you have to be a U.S. citizen if you’re a Green Card holder you cannot do a fiance Visa. You can get married and do a Spousal Visa as a Green Card holder, and it will take quite a big longer, but it can be done.
Those are the basics. It’s really one of the easiest Visas to do in our opinion. You know other than maybe like a Tourist Visa, but as far as getting here and becoming a Green Card holder it’s one of the easiest paths, but if you have any questions of course just give us a call.
Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.