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Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:
* Trafficking in Drugs
* Having HIV/AIDS
* Overstaying a previous visa
* Practicing polygamy
* Advocating the overthrow of the government
* Submitting fraudulent documents
The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see
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You may also apply to bring your fiancee's unmarried children, who are under age 21, to the United States.
After arriving in the United States, your fiancee will be eligible to apply for a work permit. (You should note that INS might not be able to process the work permit within the 90-day time limit for your marriage to take place.) If your fiancee applies for adjustment to permanent resident status, your fiancee must re-apply for a new work permit after the marriage.
By law, a fiance(e) petition can only be filed in the United States at an office of the Immigration and Naturalization Service (INS). The petitioner must be a U.S. Citizen.
The fiance(e) petition (Form I-129-F) and two G-325-A biographic information forms. You must fill out completely both the petition and biographic information forms. Your fiance(e) will be required to present the supporting financial documents at the time of his/her visa interview.
Legal permanent residents may not file petitions for fiancee visas, although they may petition for the immigration of their new spouse after the wedding (see Bringing My Spouse to Live in the U.S.).
