What is a Fiance Petition?

A Fiance petition is the process by which a fiance can establish a valid relationship, the legal ability to petition, and provide validating documentation. 

A valid relationship consists of a relation that is recognized by the US law as a relationship that is authorized to offer and receive a petition to immigrate to the United States of America. For example, a valid fiance relationship where the fiance is seeking to petition his/her fiance.

Legal ability to petition proves that the petitioning party has the legal capacity to petition. For example a fiance proves that he is a born US Citizen or Naturalized and thus has the right and legal capacity to petition the fiance. 

The validating documentation includes all the documents that will be required to prove that the valid legal relationship exists and that the petition has the legal capacity to petition. For example, a fiance providing a US birth certificate, the fiance’s birth certificate, pictures, communications, proof of physically seeing the fiance within the last two years, etc...

How to establish the legal capacity to petition?

The petitioner is required to show that they have the legal capacity to petition a person. In order to show the legal capacity, the petitioner must prove that he/she is a US Citizen to petition. For example, the US fiance could provide a US birth certificate, a US Passport, Naturalization certificate, or a Certificate of Citizenship. 

What Documents do I need to file for a Fiance Petition?

This is proprietary information; however, we can say that most people underestimate the document filing requirements for this process. They will just file the form and not the accompanying required proofs, and their case is inevitably denied. We help you have a much higher chance of receiving a favorable outcome in your case. 

The completed packet of forms, documents, photos, and fees must be submitted to the USCIS office having jurisdiction over your U.S. place of residence.

After you submit your packet, USCIS will review it for completeness. If something is missing, USCIS will return the whole thing to you for refiling (send you an “RFE” or Request for Evidence).

The US fiance will be sent an approval notice and it will talk about the next steps for Consular Processing of a Non-Immigrant. 

Does the Government Charge a Filing Fee?

Yes.

The current filing fees are:

$535.00 for the Petition for Alien Fiance

How long does the Petition process take?

As all lawyers would say, it depends. There are many factors that determine the wait time for your application. Some of these factors could include things such as how quickly you turn your application and documentation in or how complete the file is when you apply. Where you live and how quickly you respond to government requests will also determine wait time. This process can take anywhere from 5 months at the Nebraska Service Center to 17 months or longer at the other centers. 

This is just the initial petition. Once the petition is approved, then the Consular Process can take several months also. It is important to use a service that knows the process and can guide you through it. The process of getting a fiance to the USA can take anywhere from 10-24 months. But it is still much faster than the spousal process through the Consular Process for an Immigrant (24-48 months).