You may petition for an alien Fiancé and their eligible children to come to the U.S. to marry. Entrance into the U.S. on this visa is as a non-immigrant. Once a fiancé visa is issued, it allows your fiancé to enter the U.S. for 90 days to marry. Your fiancé may apply for permission to work, which will only be valid for 90 days after entry into the U.S. Once you are married, your spouse can apply for permanent residence and remain in the U.S. while the application is being processed. See Family Based Immigration process.
Eligibility: To be eligible for a fiancé visa, you must show:
- You (the petitioner) are a U.S. citizen
- You intend to marry within 90 days of your fiancé(e) entering the United States
- You and your fiancé(e) are both free to marry – any previous marriages have been legally terminated by divorce, death, or annulment
- You have met in person at least once within 2 years of filing your petition. There are two exceptions to the requirement to meet which require a waiver:
- If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
- If you prove that the requirement to meet would result in extreme hardship to you.
To see how long it takes for USCIS to process a fiancé visa, you can check the USCIS processing times.
Eligibility for Children of Fiancé(e): If your fiancé(e) has unmarried children under the age of 21, you may be able to apply for a visa for the children as well.