Fiance Visa Attorney in Washington, D.C.

Eligibility Criteria for a Fiancé Visa Petition

• You must be a U.S. citizen to file a fiancé petition. In your petition, you must show that:
• You are a U.S. citizen
• You and your fiancé intend to marry within 90 days of your fiancé entering the U.S.
• You are both free to marry; and
• You have met each other in person within 2 years before you file this petition. However, there are two exceptions which require a waiver:

1. If the requirement to meet your fiancé in person would violate strict and long-established customs of your or your fiancé’s foreign culture or social practice; or
2. If you prove that the requirement to personally meet your fiancé would result in extreme hardship to you.

Understanding these criteria helps align your application with USCIS expectations, increasing approval chances. Consulting with our team offers insights into possible exceptions and waivers. In Washington, DC, particular cultural practices might add layers of consideration to the process. Our guidance is tailored to help you navigate these with confidence.

Fiancé Visa FAQ

If I Choose the Fiancé Visa Option, How Does My Fiancé Obtain Permanent Resident Status?

Your fiancé will need to enter the U.S. with a fiancé visa. Once admitted to the U.S. with a K-1 visa, your fiancé will be authorized to stay for 90 days during which you are permitted to marry. As soon as you marry, your spouse may apply for permanent residence. It’s crucial to submit relevant documents promptly to prevent overstays. Our experienced team can ensure your application is complete and accurate, addressing any local nuances in Washington, DC.

Can My Fiancé's Child Accompany Them to the U.S.?

If the child is under 21 years old and is not married, a K-2 visa may be available to him or her. Be sure to include the names of your fiancé’s children on your petition. In Washington, DC, educational facilities and family services are exceptional, offering a supportive environment for children of new immigrants. We are available to discuss how to include your fiancé's children in your immigration journey.

Can My Fiancé Work in the U.S. While on a Fiancé Visa?

After admission, your fiancé may immediately apply for permission to work. Any work authorization would be valid for only 90 days after entry. However, your fiancé would also be eligible to apply for extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé would file the employment authorization with the adjustment application as soon as you marry. Our team aids in understanding employment options, ensuring compliance with Washington, DC labor regulations, and preventing future complications.

What If My Fiancé Uses a Different Kind of Visa or Enters as a Visitor Without a Visa to Come Here so We Can Marry?

If your fiancé is in the U.S. and entered using a visa other than a fiancé visa, and you marry, then you may file a relative petition for him or her as your spouse. If your fiancé is in the U.S. and entered unlawfully, in most cases he or she will not be able to adjust status to that of a permanent resident while in the U.S. In this situation, once you marry, you may file a relative petition for him or her as your spouse. If approved, he or she will have to pursue an immigrant visa at a U.S. Embassy or consulate overseas. BEWARE THAT IF YOUR FIANCE LEAVES THE U.S., SHE MAY TRIGGER THE UNLAWFUL PRESENCE THREE (3) OR TEN (10) YEAR BAR. Navigating these complexities requires careful legal handling. Our focus is to ensure you understand the potential pathways and pitfalls, particularly within the context of Washington, DC regulations.

What Should We Do If We Are Engaged but Not Ready to Marry?

The fiancé visa is a temporary visa that simply permits your fiancé to enter the U.S. so that the two of you may marry in the U.S. within the 90 days permitted from the date of entry. It is not a way for you to bring a person to the U.S. so you can get to know one another, or spend more time together to decide whether or not you want to marry. Planning is essential. Our law firm can help you weigh your options before proceeding with an engagement visa, always taking into account your unique circumstances and readiness for such a life-changing decision.

What Happens If We Don't Marry Within 90 Days?

Fiancé status automatically expires after 90 days. It cannot be extended. Your fiancé should leave the U.S. at the end of the 90 days if you do not marry. If your fiancé does not depart, he or she would violate U.S. immigration law. This could affect future eligibility for U.S. immigration benefits. It’s important to understand the implications of letting a fiancé visa lapse, including the impact on future immigration opportunities. In Washington, DC, we're well-versed in managing such situations, ensuring you are informed of potential outcomes and choices.

We Want to Make Plans for Our Wedding. How Long Will This Process Take?

Each case is different. Fiancé petitions are processed in the order they are received. Once processing is completed, the approved petition is then forwarded to the National Visa Center (NVC). The NVC will send the petition to the U.S. Embassy or consulate, which will need time to process your fiancé for a visa. You may check the USCIS website for current processing times for fiancé petitions. Properly timing your application and wedding plans is just as crucial as the legal components involved. Our office offers guidance ensuring your timing aligns with your goals, mitigating stress as you plan your future together in Washington, DC.

What Are Common Mistakes to Avoid in the Marriage Visa Process?

Common mistakes in the marriage visa process include incomplete applications, missing documentation, and not demonstrating genuine relationship legitimacy. In Washington, DC, where scrutiny levels might be higher due to local directives, it is essential to work with experienced legal professionals. At Patel Law Group, we meticulously review every document to avoid delays and potential rejections. Our commitment to educating and communicating with clients is our promise to guide you through each stage smoothly.

What Is the Role of the USCIS Office in Washington, DC for Marriage Visas?

The USCIS office in Washington, DC plays a critical role in processing marriage visas, including conducting interviews and biometric appointments. Local procedures at the DC office can vary, making familiarity with these specifics useful. This office manages a high volume of cases, so applicants should be prepared for processing timelines and follow local guidelines. Our knowledge of the Washington, DC office's workings helps us better prepare applicants for what to expect during their visits.

How Does the Divorce Process Affect Immigration Status?

Divorce can complicate an immigrant spouse’s residency status, particularly if it occurs before conditional residency is converted to a permanent one. In Washington, DC, family court outcomes may interplay with immigration status, requiring careful navigation. Our approach at Patel Law Group addresses these challenges by providing robust legal strategies and continuous support, ensuring our clients are informed and their interests protected throughout the process.