Fiancé(e) Visas

Luis F. Hess represents U.S. citizens who want to bring a foreign national fiancé(e) from abroad to marry in the United States. A person does not need to file for a fiancé(e) visa if he or she plans to marry a foreign national outside of the United States or the individual's fiancé(e) is already legally residing in the U.S.

An experienced immigration law attorney can help you complete the fiancé(e) visa application and guide you in completing the form designed for alien future spouses. 

Fiancé(e) petitions are processed in the order in which they are received so the sooner that you apply, the sooner that the application can be approved. After the application is approved, it is forwarded to the National Visa Center (NVC). The NVC then sends the petition to the U.S. Embassy or consulate.

Attorney for the Alien Fiancé(e) Visa in The Woodlands, TX

Contact an experienced immigration attorney at Luis F. Hess, PLLC to learn more about the alien fiancé(e) visa. The visa allows a fiancé(e) living outside of the United States to come to the U.S. to marry a U.S. Citizen. Luis F. Hess has the experience necessary to help you at every stage of the case so your immigration issue can be resolved without delay.

Luis F. Hess, PLLC is located in Shenandoah, TX, just north of The Woodlands. If you have questions about family-based immigration issues, then contact an experienced immigration attorney for Montgomery County and Harris County including The Woodlands, Conroe, Spring, and Houston, TX.

Call Luis F. Hess, PLLC at (281) 205-8540 today.


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Overview of Fiancé(e) Visas in Texas


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Eligibility Requirements for the Fiancé(e) Visas

To be eligible to petition for a fiancé(e) visa, the applicant must show the following:

    • That the petitioner is a U.S. citizen;
    • That the petitioner intends to marry within 90 days of the date the fiancé(e) enters the United States;
    • The petitioner and the fiancé(e) are both free to marry, and any previous marriages have been legally terminated by divorce, death, or annulment;
    • The petitioner and the fiancé(e) have met each other, in person, at least once within two years of filing their petition unless one of the following exceptions apply:
      • the requirement that the petitioner and the fiancé(e) meet would violate strict and long-established customs of their culture or social practice; or
      • the petitioner can prove that the requirement to meet would result in extreme hardship.

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Consequences of the Fiancé(e) Visa Being Issued

After the fiancé(e) visa or the nonimmigrant visa is issued, the fiancé(e) is then permitted to legally enter the United States for 90 days so that the marriage ceremony can take place. 

After the parties are married, the spouse can then apply for permanent residence and remain in the United States while the USCIS processes the application to obtain a "green card" based on the marriage.

If the fiancé(e) has a child or children who are under 21 and unmarried, then an application for a visa for a nonimmigrant child may be available.


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Permission to Work with a Fiancé(e) Visa

After admission, the fiancé(e) may immediately apply for permission to work by filing an employment authorization form with the USCIS Service Center having jurisdiction over the place of residence. Any work authorization based on a nonimmigrant fiancé(e) visa would be valid for only 90 days after entry.

The fiancé(e) would also be eligible to apply for an extended work authorization at the same time that he or she files for permanent residence by filing both forms together after the marriage.


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90 Day Expiration of the Fiancé(e) Visa

The finacé(e)'s visa status automatically expires after 90 days and cannot be extended. If the parties do not get married during that 90 day period, then the fiancé(e) should leave the United States.

If the fiancé(e) does not depart, he or she will be in violation of U.S. immigration law which might result in removal (deportation) and could affect future eligibility for U.S. immigration benefits.


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Additional Resources

Fiancé(e) Visas - Visit the website of the U.S. Citizenship and Immigration Services (USCIS) to learn more about the Fiancé(e) Visa for those planning to marry. Find out how to apply for an alien fiancé(e) visa and the eligibility requirements.


This article was last updated on Friday, January 26, 2018.

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