Every time you travel to a country, It is necessary that you follow the migratory processes established by the local authorities so that you do not have complications at the ports of entry and exit. In the case of USA, the level of demand in these procedures is higher due to the large number of people who want to stay permanently in their territory.
For this reason there is a wide variety of us visas that specify the purpose of your stay in this country North American. One of the lesser known is the fiancé or fiancee visa that could facilitate access, if you want to get married in USA.
Here we tell you what the fiance visa from USA and how it is processed.
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What is the fiancé visa?
This document is issued to the foreign fiancé or fiancee of a US citizen, allowing her entry to marry in the USA within a period determined by the national authorities, indicates the Office of Consular Affairs of USA.
The state of commitment of both members of the partner must be verified through a series of forms, documents and evidence examined by both the Citizenship and Immigration Service of USA (USCIS) and the National Center for Visas (NVC).
It is also known as K-1 nonimmigrant visa.
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According to the USCIS, the fiance visa is requested by the person with nationality American, not by who wants to enter the country North American. Applicant eligibility depends on the following requirements:
– That both members of the partner be free to marry under the laws of USA; that is, any marriage previous has been finalized by legal means, either by divorce, death or annulment.
– That partner met in person at least once in the two years prior to the request for the visa. An exception may be made if this encounter goes against the strict and long-established customs of the culture of the foreign fiancé; or, if it represents an extreme difficulty for the US citizen.
– That partner intends to marry within 90 days after the admission of the promised with the K-1 nonimmigrant visa. Otherwise, the permit cannot be extended and the groom who does not have the U.S. citizenship will have to withdraw from the national territory.
If you do not get married and do not return to your place of origin in the stipulated time, you will violate the immigration laws from USA, for which you could be deported, affecting your eligibility for future benefits of immigration towards that country, warns the government agency.
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How is the fiancé visa processed?
In case they comply with the requirements aforementioned, the partner can apply for the K-1 fiance visa as follows:
1. It is necessary that the US citizen complete the form I-129F and take you to the nearest USCIS offices; This document cannot be presented at embassies or consulates located in the Foreign. If you have any doubts in this regard, consult the instructions published in your Web page.
The filing fee for the form is $ 535, the equivalent of 10 thousand 616 Mexican pesos according to today’s exchange rate.
2. The USCIS will review your application, as well as the documents attached to it; Keep in mind that they could contact them by e-mail if they need information about you or your partner. If they approve the petition, they will send the form to the NVC to follow up on the case. On the contrary, if they reject it, they will tell them the reasons for this decision.
3. After approval, the NVC will give you a case number and send your application to the embassy or consulate of USA inside of the country where does he live foreign fiancé or fiancee. The corresponding office will schedule an interview to obtain the show K-1.
4. On the day of the interview, the foreign person You will need to present yourself with these documents:
– Form DS-160, with the data filled out.
– Valid passport.
– Certificate of divorce or death of the spouses previous of both members of the partner, If that’s the case.
– Certificate of conduct issued in the current country of residence or anywhere you have lived for more than six months since the age of 16
– Medical examination, including vaccination certificates.
– Proof of financial sponsorship or Affidavit of Financial Sponsorship (form I-134).
– Two 2×2 inch photographs. Review the image requirements here.
– Evidence of relationship with US citizen.
– Payment of application processing fee K-1 nonimmigrant visa for an amount of 265 dollars, the equivalent of 5 thousand 256 Mexican pesos.
5. If the consular officer grants the fiance visa, you will have access to USA only once but for a period of six months. But if the relationship between both members of the couple is not found, the request will be rejected and you will have to request it again.
Even though the visa facilitates entry to USA, the final decision will be made by Customs and Border Protection at the port of entry. For this reason, it is important that the committed person Nationality foreign bring all the documents that ensure your passage to the country North American.
Once in the United States, the fiancées will have to marry within the next 90 days. After the foreign spouse you will be eligible for permanent residence, better known as a Green Card.
The Embassy and Consulates of USA in Mexico they clarify that the review of applications and conducting interviews is taking longer than usual due to the Covid-19 pandemic.
What happens in case of marriage fraud?
If there partner He only gets married so that the person can avoid immigration laws of country and get permanent residence, the government of USA It will punish both participants of the marriage fraud with a sentence of up to five years in prison and a fine of 250 thousand dollars, a figure equivalent to 4 million 962 thousand 375 Mexican pesos, explains the law firm Vazquez & Servi.
If you want to avoid legal problems, gather the necessary evidence that your bond of partner it is legitimate. For more information on the K-1 fiance visa, visit the Department of State website.