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Helping You Make Your American Dream Come True

Helping You Make Your American Dream Come True

How to obtain a fiancé visa in New Jersey

On Behalf of | Jun 28, 2024

Some of the most heart-rending case in immigration law involve Americans who have met the person whom they wish to marry but then run into legal roadblocks while trying to bring that person to America. The best approach is to learn the basic procedures of the immigration system and to follow the steps exactly until the object of one’s affection is safely ashore in the United States.

The basics

The fiancé immigration process begins with the filing of Form 129F by the petitioner. The person who files form 129F is referred to as the “petitioner.” The visa granted to a fiancé is known as a “K-1 Visa.” A K-1 visa must be obtained as the essential prerequisite permitting the immigration of the petitioner’s intended spouse.

The couple must have met in person within the last two years, and they must have a “good faith” agreement to marry within 90 days of the fiancé’s arrival in the U.S. Form 129F can be filed by mail to an office of the ICIS in either Dallas or Lewisville, Texas. The ICIS usually takes about three months to review and approve the form.

Other requirements

The fiancé must have undergone a medical examination by a doctor approved by the U.S. Embassy. The petitioner must prove that the couple (or just one of them) is capable of providing financial support for the couple after they are married. Somewhat more onerous is the requirement that the engaged couple get police clearance from the police in every country in which the fiancé has lived in the past six months. The couple can prove the “bona fides” of the relationship with photos, e-mails, travel documents, written correspondence, or other similar proof.

After approval

Once a form 129-F has been approved, the sponsored (foreign) fiancé must apply for and receive a visa to enter the U.S. The foreign fiancé must enter the U.S. within 6 months, and the couple must marry within 90 days. They can then apply for a spousal green card, a process that can take anywhere from a few months to a few years for final approval.

While the procedures for importing a fiancé from another country may seem fairly simple, a petitioner who is acting in good faith may wish to have a person knowledgeable about the immigration process available for assistance if the process becomes bogged down – as many do.