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Applying for a fiancé visa

A foreign-born individual who would like to come to Florida in order to marry a U.S. citizen may be able to qualify for a fiancé visa. Before a fiancé visa can be issued, the foreign person's fiancé must file Form I-129F, Petition for Alien Fiancé. Once the petition is approved, the foreign fiancé will receive a K-1 nonimmigrant visa so that they can enter the United States.

A fiancé visa allows a person to enter the U.S. for up to 90 days so that they can marry their U.S. citizen fiancé. If the marriage does not take place sometime during those 90 days, the alien fiancé must return to their home country or they will be in violation of U.S. immigration law. The stay allowed on a fiancé visa cannot be extended any longer than 90 days.

A person who has arrived in the United States on a fiancé visa is allowed to work immediately. To obtain permission to work, the alien fiancé must file Form I-765, Application for Employment Authorization, with U.S. Citizenship and Immigration Services. After the marriage takes place, the foreign spouse may apply for permanent residence in the United States as well as for an extended work authorization permit.

Obtaining a fiancé visa could involve a long waiting period while the application is being processed. To increase the likelihood of a successful outcome, a couple may want to enlist the help of an immigration attorney. An attorney may be able to help ensure that the application is completed accurately and all of the required documentation is included with the immigration petition.

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Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

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