A U.S. citizen may petition for your foreign national fiancé(e), provided that:
- The couple marries within 90 days of the fiancé(e) entering the United States;
- Both parties are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment; and
- The couple has met in person, at least once within two years of filing the petition.
There are two exceptions to the last condition that require a waiver:
- If the requirement to meet would violate strict and long-established customs of the couple’s foreign culture or social practice; or
- If a party can prove that the requirement to meet would result in extreme hardship to the U.S. citizen.
If the U.S. citizen petitioner has ever been convicted of a sexual crime against a minor, it will be very difficult to petition for a foreign national fiancé(e). Before filing an I-129F, please consult with an experienced attorney about a waiver under the Adam Walsh Act.