A United States citizen may be able to petition their fiancés abroad. Although a Green Card holder may petition their spouse, only a U.S. Citizen may petition their fiancé. If you are a U.S. Citizen, you may petition your fiancé if you intend to marry your fiancé within 90 days of their entry into the United States, and the petitioner and fiancé are both free to marry. Immigration also requires that you and your fiancé met in person at least once in the last 2 years unless: the meeting was against your fiancé's culture/customs or the visit would cause you extreme hardship. Your fiancé's children, under 21 years old, may also benefit and receive a visa.
The 90 day period to marry your fiancé is an extremely important deadline. If you marry your fiancé within this deadline, they will be able to apply for their green card. If you do not marry your fiancé within the 90 days, your fiancé's status will expire and they will be at risk of being deported from the United Sates. The expiration of their fiancé status can also affect their future eligibility for lawful status in the United States.
The harsh consequences of this deadline can affect you and your fiancé for the rest of your lives. It is important you consult with an immigration attorney to determine if the fiancé visa is the best option for you. Our firm has experience advising whether a fiancé or family petition is your best option. Contact one of the experience attorneys at Dorsett & Zapata, PLLC for your free consultation.