US Fiancée Visa FAQ Part II
Our law firm in Bangkok, Thailand specializes in US Fiancée / Fiancé visas for Thais and we receive many inquires about the US Fiancée visa process. According to our US visa lawyers, the following questions are some of the most commonly asked:
How soon after arriving in the USA will my Thai fiancée be able to work?
After arriving in the US, your fiancée will be eligible to apply for a work permit, however, the USCIS may not be able to process the work permit before your marriage takes place and your fiancée files to adjust status.
If your fiancée applies for adjustment to permanent resident status, she must re-apply for a new work permit.
What sort of evidence will be required to prove that I have had a legitimate relationship with my Thai fiancée?
One requirement for the US Fiancée visa is proof of a relationship, which is often shown by providing photographs, letters, other correspondence and evidence of telephone calls. In certain cases the USCIS requires proof of travel to the fiancée / fiancé’s home country.
Are my Thai fiancée’s children eligible for a US visa?
If your fiancée’s children are under 21 and unmarried, they can obtain K2 non-immigrant visas with your fiancée’s successful Fiancée visa petition. US visas for children who have not filed derivative visas in the original visa petition will require a separate petition process.
Can I apply or petition for a US fiancée visa if my divorce is not yet finalized?
One of the conditions of the Fiancée visa is that both the US citizen petitioner and the foreign fiancée be free to marry. Petitioners and applicants must list any previous marriages and provide evidence of annulment, divorce or, in the case of a deceased spouse, a death certificate.
My fiancée is HIV positive. Is she still eligible for a US Fiancée visa?
Your fiancée may be eligible for a visa but there would likely be a number of conditions imposed on the visa. Typically a K1 Fiancé/ Fiancée visa applicant with HIV will initially be denied a visa because the US government considers certain communicable diseases, including HIV/AIDS, a threat to public health. However your fiancée may be eligible for a waiver if certain conditions are met. These conditions generally include evidence that admission of your fiancée to the United States will create minimal public health risk and will not put a burden on government agencies.
US Fiancée Visa Part III
US Fiancée Visa Part I
Related Topics: K3 Marriage Visa FAQ, Immediate Relative Visa FAQ,
Adjustment of Status, HIV/AIDS waivers