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FAQ: Fiancé(e) petitions
Q:
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Who is eligible to file a fiancé(e) petition?
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A:
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Only United States citizens may file fiancé(e) petitions. This procedure is not available to lawful permanent residents. |
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Are there any special requirements?
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A:
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Obviously, both parties must be immediately free to marry when the petition is filed. This means that all prior marriages, if any, must have been lawfully terminated by the time the petition is filed. In addition, the law requires that the parties must have physically met prior to the petition being filed. This requirement was imposed to help curtail the "mail order bride" business. |
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How long does it generally take to bring a fiancé(e) to the U.S.?
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A:
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The C.I.S. service centers generally process fiancé(e) petitions within 30 to 45 days. Once the petition has been approved by the C.I.S. , the file is sent overseas to the nearest U.S. consular office to the alien fiancé(e)'s residence. Depending upon the country involved, the processing abroad could take between two and eight months. |
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What happens after my fiancé(e) arrives in the U.S.?
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A:
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After the alien fiancé(e) arrives in the U.S., the parties have 90 days in which to get married. After they are married, the alien spouse may then file for adjustment of status. In these cases, no immediate relative petition (I-130) is required. The AOS processing is otherwise similar to that of an immediate relative case. |
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