A Brief Introduction to the "FiancÈ(e) Petition"

All individuals who marry a person not a citizen of the US must file a "fiancÈ(e)" petition with the United States Citizenship and Immigration Service (USCIS). Only US Citizens may file for this classification for their spouse. Petitioners for and beneficiaries of this visa must be free to marry, i.e. must be unmarried at the time of the petition. You must also have met your fiancÈ(e) in person, unless your religion or culture prohibits it, or if it would cause an extreme hardship for you to meet. You may apply to bring your fiancÈ(e)'s unmarried children under 21 to the US as well.

When this petition is approved, your fiancÈ(e) must obtain an appointment with a US Consulate or Embassy abroad to gain a visa to enter the US. From the day your fiancÈ(e) enters the US, you will have 90 days to enter into marriage. If the marriage does not take place within this time limit, your fiancÈ(e) will have to exit the US, as he/she will still be considered a nonimmigrant without a lawful underlying status. There is no extension available for this 90 day time limit. If your fiancÈ(e) leaves before the marriage occurs, he/she may not be allowed back into the US without a new fiancÈ(e) visa.

After the marriage takes place, you should file an adjustment of status petition package including work authorization on behalf of your fiancÈ(e) so that he/she may lawfully work and obtain Permanent Resident Status (A "Green Card"). This process usually takes less than a year, after which time your fiancÈ(e) will initially receive a Conditional Permanent Residence status for two years, after which time a petition to remove the conditions must be filed. Your fianc È(e) will become eligible to apply for US Citizenship after three years in Permanent Resident Status (Conditional or otherwise).