How can I marry my foreign fiancee By: Dynamic Blue Link
If your fiancee is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with the Bureau of Citizenship and Immigration Services on behalf of your fiancee. After the petition is approved, your fiancee must obtain a K1 visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancee entering the United States. If the marriage does not take place within 90 days or your fiancee marries someone other than you (the U.S. citizen who filed Form I-129F - Petition for Alien fiance(e)), your fiancee will be required to leave the United States. Until your marriage takes place, your fiancee is a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancee may not obtain an extension of the 90-day K1 fiancee visa. Legal permanent residents may not file petitions. They must marry abroad and then file an I-130 petition for the K3 visa for their new spouse. The United States K1 Fiancee Visa application process is complex, and the slightest mistake can cause you long delays, and possibly even result in your finance deigned a K1 Visa ever. If you are caught misrepresenting on the application, it can result in them never getting a visa, which can also affect visa application to other countries! There are also new statutes as part of the Homeland Security Act, that pertain to K-1 Visas, that you need to be aware of, especially if you were introduced online, or if you have brought in a fiancée in the past. What are the main reasons a K1 visa is denied? Fiancee visa applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of valid relationship; misrepresentation of facts, medical and criminal grounds and potential public charge. A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. For instance, with a Philippines Fiancee Visa you must understand that there is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated.
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