To apply for a fiancé's visa, the petitioner must be a U.S. citizen and the couple plan to marry within 90 days after the arrival of the foreign fiancé, according to U.S. Citizenship and Immigration Services. In addition, both parties must be free to marry.
Couples are required to have met, in person, at least one time within the previous two years prior to the petition being filed. If a meeting was unable to happen due to it causing a hardship or because of cultural traditions or customs, an additional waiver is required, states U.S. Citizenship and Immigration Services. After the fiancé's visa is approved, he is able to enter the United States and the couple is free to marry.
If the couple is unable to marry within 90 days, the fiancé must return to his country and reapply. Once the marriage is legal, the fiancé is able to apply for permanent residence and is allowed to live in the marital home until this process is complete. If the fiancé has unmarried children under the age of 21, they are included on the initial petition for the fiancé visa. A foreign fiancé is able to apply for a work visa once he enters the country and prior to the marriage, explains U.S. Citizenship and Immigration Services.