New Jersey Immigration Lawyer Explains Filing a Fiance Visa if you Never Met Them
As a New Jersey Immigration Lawyer, I am often ask by client’s about Fiance Petitions and when to file them. A few weeks ago, a woman came into my office, she met this terrific guy on the Internet through Plenty of Fish or one of the other dating sites. It was a fairly serious relationship, they had been Skyping and talking and now she wanted to file a fiance petition for him. So he would come to the US, and they would get married.
The requirements for a fiance visa are as follows: You must be a US citizen in order to file for a fiance visa for your partner. The fact that she had her green card for only four years means that she’s not eligible to file for citizenship yet. In another year, once she’s had her green card for five years, then she can file for citizenship. As a citizen, she can sponsor him for a fiance visa.
One of the other important requirements is that the US citizen and their foreign-born fiance meet in person within the last two years. That requirement is almost never waived. As an experienced New Jersey Immigration Lawyer I always encourage any citizen who’s serious with someone to meet in person first so I don’t have to give them the bad news.
Plan your trip and take lots of pictures. Meet the family because you do have to prove to immigration when you file a fiance visa that you have met in person within the last two years. You have to show the bona fides of the relationship. All these pictures, and your receipts, and your passport stamps, and receipts from the hotels, and pictures of the parties, those are all perfect evidence of bona fides of your relationship.
In this case, where the woman had her green card for four years, and they hadn’t quite met, as a knowledgeable New Jersey Lawyer my best advice to her or to someone like her in that situation is document your relationship. If it’s another six months or a year until you become a citizen, continue to document your relationship. If you’re sending any money abroad, you can keep evidence that you’ve sent money, or gifts, or packages abroad.
As soon as possible, file for your N-400. It takes about four to six months. Once you’re a citizen, of course, in the meantime make plans to meet. Totally make plans to meet in person even while you have your green card. Then when you’re a citizen, you can absolutely file for your foreign-born fiance. You must marry within 90 days in order for the fiance visa to go well and for your foreign-born fiance to file for adjustment of status.
Are you having trouble filing for a Fiance petition? Contact our professional New Jersey Lawyer for guidance.