The Legal Professionals at MCD Immigration Law, P.C.

Transforming Lives Through Effective Immigration Solutions

Experienced Legal Help With Fiancée/Fiancé Visas

At MCD Immigration Law, P.C., we understand the joy and urgency of uniting with your loved one. As your dedicated fiancée/fiancé visa lawyer, Mabel Covarrubias-Doucette guides U.S. citizens through the process of bringing their fiancées or fiancés to the United States.

We represent clients in Salem, across Massachusetts and internationally in a variety of immigration issues, including spouse and fiancée/fiancé visas.

If you have any questions or wish to start the visa application process, connect with us. Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation. Se habla español.

Who Can Get A Fiancée/Fiancé Visa?

A fiancée/fiancé visa is formally known as a K-1 visa. It allows your foreign-citizen fiancée or fiancé to enter the U.S. and marry you, a U.S. citizen. The marriage must take place within 90 days of their arrival. After the marriage, your spouse can apply for permanent resident status.

To qualify for a K-1 visa:

  • The U.S. citizen must have met their fiancée or fiancé in person at least once within the last two years.
  • Both parties must be legally free to marry.
  • The marriage must be possible under U.S. law.

Same-sex fiancées and fiancés have the same rights as opposite-sex ones under U.S. law.

What Is The Process For Obtaining A Fiancée/Fiancé Visa?

The journey to obtain a fiancée/fiancé visa involves two main steps:

  • Filing the petition: As a U.S. citizen, you must file Form I-129F with USCIS. Once it is approved, it moves to the National Visa Center (NVC) and then to the U.S. embassy or consulate where your fiancée/fiancé lives.
  • Applying for the visa: This step is crucial and involves several important tasks:
    • Complete Form DS-160: Your fiancée/fiancé must fill out the Online Nonimmigrant Visa Application (Form DS-160). After completing the form, they should print the confirmation page, as it will be required during the visa interview.
    • Gather the necessary documents: Preparation is key. Your fiancée/fiancé will need to collect several documents, including:
      • A passport for travel to the U.S., that will be valid at least six months beyond the period you plan to stay.
      • Birth certificate.
      • If applicable, divorce or death certificates relating to any previous spouses either of you had.
      • Police certificates from the current country of residence and any country where your fiancée/fiancé has lived for six months or more since age 16.
      • Evidence of your relationship, like photographs, correspondence and joint activities.
      • Proof of financial support, which may include an Affidavit of Support (Form I-134) completed by the U.S. citizen sponsor.
    • Get a medical examination and vaccinations: Before the interview, your fiancée/fiancé will need to undergo a medical examination by an authorized panel physician. This examination includes general health checks and vaccinations required under U.S. immigration law.
    • Participate in a visa interview: After gathering all necessary documents and completing the preliminary requirements, your fiancée/fiancé will attend a visa interview at the U.S. embassy or consulate. During the interview, a consular officer will review the documents and determine whether your fiancée/fiancé is eligible for the fiancée/fiancé visa based on the evidence provided and the interview responses. It’s essential that your fiancée/fiancé is prepared to answer personal and relationship questions to establish the genuineness of the engagement.

This is just a basic overview of the fiancée/fiancé visa process. Each step requires knowledge and attention to detail. Having a fiancée/fiancé visa lawyer review your petition and application can help ensure everything is in order and all the required evidence is presented.

What Happens If You Do Not Marry Within 90 Days?

If you do not marry within 90 days, the visa will expire, and your fiancée/fiancé must leave the United States. This strict timeline underscores the importance of planning and understanding all the legal obligations involved.

Can The Two-Year Meeting In-Person Requirement Be Waived?

In special cases, the requirement to meet in person within two years before applying for a fiancée/fiancé visa can be waived. This might be considered if meeting poses extreme hardship for the U.S. citizen, or if meeting in person conflicts with your fiancée/fiancé’s cultural practices.

Fiancée/Fiancé Visas Vs. Spouse Visas

It is helpful to understand the difference between fiancée/fiancé and spouse visas:

  • Fiancée/fiancé visa: Available only to U.S. citizens. It allows your fiancé(e) to enter the U.S. before a pending marriage.
  • Spouse visa: Available to U.S. citizens and permanent residents who are already married. The process varies depending on whether your spouse is inside or outside the U.S.

This distinction helps you choose the right visa based on your relationship status and needs. After you have reunited in the U.S. with your spouse, we can help you get a green card and, eventually, U.S. citizenship.

Contact MCD Immigration Law, P.C., Today

Ready to reunite with your fiancée/fiancé or spouse? Contact MCD Immigration Law, P.C., today. Our legal team, led by attorney Mabel Covarrubias-Doucette, is ready to provide personalized, sensitive and effective legal representation.

Contact our Salem office today via phone at 978-627-8560. Or, use our email form to schedule a consultation.