Fiance Visas and Embasies

Introduction to visa information

The fiancee visa is a document for the entry of a Ukrainian woman as a bride into the country of her possible bridegroom. This document is executed for every country in a different way. For many countries, for example Shengen countries, there are no difficulties in its obtaining. And it doesn't take much time.

But the most difficult and long process is applying for guest or tourist visa, fiancee visa for entry to the USA, Australia, Great Britain.

Let's consider this subject in details. The difficulty is mainly in the fact that for making acquaintance with a bridegroom a Ukrainian bride can't arrive in the bridegroom's country, her visa is simply not opened.

There were a lot of cases when a bridegroom couldn't leave his job for arriving to his bride in her country for personal meeting. And it is impossible to begin the process of opening fiancee visa with USCIS (US Citizenship and Immigration Services) without affirmation of fact of their meeting.

That is why we want to tell you some more about it. We give just some selective information about Fiance Visas that can be helpful and recommend you to visit Embassies’ sites which links we enclose below.

K1 Visa to US

If you are a U.S. citizen, you are legally allowed to petition to bring your fiancee to permanently live in the United States. Once the petition is approved, your fiancee can obtain a K-1 Visa from the U.S. Embassy in the country that he/she resides in. While a U.S. citizen can apply to bring his/her fiancee, legal permanent residents of the United States are not entitled to do so.

There are specific eligibility requirements (listed below) in order to bring a fiancee to reside in the U.S. If you and your fiancee meet the requirements, after a petition is filed and if approved, your fiancee can obtain a visa at the U.S. Embassy of his/her country after a background check, a medical exam, and an interview process is completed. Once he/she enters the country, the marriage must occur within 90 days of the arrival date. If the marriage does not occur within the aforementioned time, your fiancee will not have legal status to remain in the United States.

Eligibility Requirements

Both parties must be entirely free to marry which means that both are unmarried and any previous marriage has been legally terminated. An additional requirement is that you have met your fiancee in person within the previous two years. This requirement can be waived but only under very specific circumstances. The K-1 fiancee visa is temporary but once married, your spouse can apply to change status to become a legal permanent resident. As a citizen, you may petition for your fiancee’s unmarried child(ren) under 21 years old to also immigrate under a K-2 visa. Additionally, the petitioner must be able to fulfill specific government regulated requirements to prove that he/she can financially support the fiancee. Generally, this has been defined as 125% of the governmentally defined poverty line.

Processing Time

Bringing your fiancee to permanently reside in the United States involves a multi-step process. Several government agencies are involved in the approval including the United States Citizen and Immigration Services (USCIS), the Department of State, and the U.S. Embassy or Consulate of your fiancee’s country. This process can take up to 6-7 months. Petitions are rarely rejected if they are properly filed. Rather, errors in paperwork result in a Request for Additional Evidence (RFE), which can greatly prolong your fiancee’s approval status and may result in rejection of your application. Thousands of RFEs are sent out annually proving that it is easy to misfile.

Immigration Agencies

Due to recent changes in the laws regarding immigration as well as September 11th, the primary agencies involved in immigration have changed. The Department of State was the previous authority regarding K-1 Visas. While they still hold some jurisdiction over visa decision-making, the Department of Homeland Security (DHS) now has the most authority. The United States Citizenship and Immigration Services (USCIS) as a subsidiary agency of DHS is responsible for most visa issues. The petitioner’s (U.S. Citizen) application is filed with the USCIS and if approved is then transferred to the State Department’s National Visa Center. An abundant amount of paperwork and documents are needed in order to be approved. The interview held at the United States Consulate in the fiancee’s country is the final step in the immigration process. At this point insofar as all the paper work is correct and the interview is approved, a visa is issued either on the day of the interview or within the week.

Fiance Visa to Australia

Migration to Australia under the Australian fiance visa category is for applicants who are engaged to be married to an Australian citizen, permanent resident, or eligible New Zealand passport holder.

Duration

The initial Australian fiance visa grant is valid for nine months, during which time the applicant emigrating to Australia must have married the sponsor of the visa application. The prospective marriage visa leads to the spouse temporary visa and subsequently to Australian permanent residence.

Eligibility Criteria

Age. The initial Australian fiance visa grant is valid for nine months, during which time the applicant emigrating to Australia must have married the sponsor of the visa application. The prospective marriage visa leads to the spouse temporary visa and subsequently to Australian permanent residence.

Relationship. For migration to Australia, the main fiance visa applicant must:

• Be sponsored by an Australian citizen, permanent resident, or eligible New Zealand resident;
• Intend to be legally married to the sponsor and live with them in a 'genuine, continuing & exclusive relationship'
• Be entitled to marry under Australian law;
• Provide evidence that arrangements have been made in Australia for the wedding, including venue, date and confirmation from the celebrant;
• Provide supporting documentation of the relationship.

Sponsor. The sponsor of a person emigrating to Australia on this category must also meet certain criteria for the Australian visa application.

Health & Character.Australia has strict health and character requirements that must be met before any permanent Australian visa of more than 12 months will be granted. People attempting to migrate to Australia on an Australian fiance visa will be required to:

• Undergo a medical examination and chest X-ray undertaken by one of a panel of doctors selected by the Australian authorities, and;
• Obtain police certificates for all countries in which they have lived for more than 12 months in the 10 years leading up to the application.

Additional Information: An application on a prospective marriage visa will need to be supported by documentary evidence of the relationship.

Processing Times

The current processing time is four - six months from the start of the process. A Global Visas consultant will be able to advise you of the latest processing times.