" Hello, this is Alex," the phone call begins. "I am a U.S. citizen and want to bring my girlfriend to the United States. I've never met Josephine, my girlfriend, in person, but we are soul mates. I am in love with her and want to marry her even though I have never seen her," he says.

This is the typical beginning of a telephone consultation regarding a fiancé(e) visa.

The couple met online and communicated through text messaging and telephone calls, using a pre-paid calling card. They have been talking and text messaging nightly for six months, although they have never met in person.

As is common in these types of cases, Alex does not want to travel to the Philippines to meet Josephine. He says he does not have time to take off of work to travel to the Philippines to meet her. Alex swears he is in love and wants to marry Josephine-- without ever meeting her. He has seen a picture of her and says that is enough.

Alex is age 73 and Josephine is age 25. The age difference may be a red flag to the United States Citizenship and Immigration Services and may subject the relationship to more scrutiny. Alex has not had any luck meeting any women here in the United States through traditional internet dating sites. He has had two failed marriages.

Under Immigration and Nationality Act Section 101 (a) (15) (K), a United States citizen may petition for a fiancée to come to the United States. K-1 is the visa category for a fiancé(e) of a United States citizen and K-2 the category for any minor children of the fiancé(e).

In Alex's case, however, he cannot provide proof that he has actually met Josephine in person within the two years prior to filing a petition for her.

Alex could take a brief trip to the Philippines, meet Josephine, and spend a week together to make sure that they want to be engaged. They could take pictures together and he could meet her family. When he returns, he could submit a non-immigrant visa petition for Josephine to come to join him in the United States as his fiance.

Josephine could also apply for a tourist visa to come and visit Alex in the United States. However, the Philippines has a high fraud ratio for persons applying for B-2 (tourist visas) because there is a high ratio of persons who overstay their visas. Thus, it is unlikely that a tourist visa would be granted for Josephine.

Please be aware, though, that the fiancé(e) must marry the United States citizen within 90 days of entry into the United States. After marriage, the spouse can apply for adjustment of status to Permanent Resident.

Providing evidence of meeting and developing a relationship is very important. Documentation could include correspondence, telephone bills, airline tickets, passport stamps, military orders, etc.

Sometimes meeting someone in person can be helpful to determine if the potential fiancé(e) has a mental condition, mood swings, or other condition that is not readily apparent over the telephone or internet.

Also, both parties must show that they are eligible to marry. If either party has been married before, proof must be provided of termination of the prior marriage either by death or divorce. Certified copies of the divorce decrees from the former spouses or death certificate verifying the death of former spouse is required.

Proof of the Petitioner's United States citizenship, either by a certified copy of the birth certificate, a photocopy of the naturalization certificate, or a photocopy of the Petitioner's U.S. passport is needed.

The Petitioner will need to provide evidence that he or she can support the beneficiary. An affidavit of support will need to be prepared, including proof of income from filing of Federal Income taxes.

A criminal background check is run on both the U.S. citizen petitioner and on the alien beneficiary. If the Petitioner has ever been convicted of domestic abuse, rape or murder, this background will be disclosed to the beneficiary to prevent domestic violence.

If you are a United States citizen interested in petitioning for your fiancé(e), our office can assist you. Please contact us for an initial free consultation.

Article written by Linda M. Nakamura, Esq., Associate with the Law Offices of Vincent W. Davis & Associates, 150 N. Santa Anita Avenue #200, Arcadia, CA. 91006 phone: 626-446-6442 e-mail: lindanakamura@gmail.com

Linda M. Nakamura is a certified specialist in Immigration and Nationality Law with the State Bar of California, Board of Legal Specialization.