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Whether you are getting engaged or planning a wedding, there are always boundaries to overcome-one of which is the legal side of marriage. Couples in this country can simply drive to the local licensing bureau and receive a marriage certificate. However, persons involved in international relationships face a more legally challenging path. When marrying a foreign national, it is important that you know the necessary steps to take in order to reside with your new spouse in the United States. my site offers you a complete guide to obtaining a fiancée visa, as well as the legal processes and laws associated with residing in the United States with an alien spouse. For your convenience, this site provides a contact list of immigration and naturalization attorneys to ease you along the road to your joyful union.
The Fiancée Visa
What must I do in order to marry a foreign national?
Unlike residents of this country who can simply obtain a marriage certificate to legalize their vows, marrying a foreign national requires a petition to the United States government. The petition asks that the government allow your spouse to live with you in the United States. When considering marriage to a foreign national, learn the laws of the jurisdiction (the authority). The laws will tell you under what conditions the foreign country will permit the marriage. Also, you can learn of any residency requirements your spouse must fulfill in order to live in the United States.
Where do I get foreign marriage information?
This information can be obtained from the United States consulate in your spouse's country. In most cases, a foreign residency requirement is much longer and more costly than necessary.
What about a Petition for Alien Relative?
In the event of a foreign marriage, the American spouse must file a Petition for Alien Relative. Several months, or even years, of separation from a new spouse may pass while awaiting approval for the petition, as well as for the petition to be processed at the foreign consulate board.
What is a fiancée visa?
The fiancée visa permits the alien spouse admission into the United States for a period of ninety days. The purpose of this time is to allow the couple to make preparations for their marriage and future life. The fiancée visa process can be completed in a much shorter time period than the spousal process.
How do I obtain a fiancée visa?
The U.S. citizen can complete the Petition for Alien Fiancée, which is approved in the United States by the Immigration and Naturalization Service (INS) service center that has jurisdiction over the residence of the citizen petitioner. The INS service center with jurisdiction is the regional office, not the local district INS office.
How do I qualify?
To qualify for a fiancée visa, the citizen petitioner must provide proof of the following:
- that he is a citizen by birth or by naturalization,
- that he is legally able to marry his fiancée and intends to do so,
- that his fiancée beneficiary is legally able to marry him,
- that he has met his fiancée in person within the last two years.
Such proof consists of photographs of the petitioner and beneficiary together, copies of the petitioner's passport showing entry and exit stamps to the beneficiary's home country, and other similar items. The requirement for a personal meeting can be waived under certain limited grounds, such as an arranged marriage as custom in the fiancée's culture or extreme hardship (such as severe health limitations) to the citizen petitioner.
What are the steps of the process?
- The petitioner files Form I-129F, Petition for Alien Fiancée, with the INS service center for his region.
- The petitioner must submit the following:
- a signed Form G-325 Biographic Data sheet for himself and for his fiancée,
- copies showing proof of termination of all prior marriages for himself and for his fiancée,
- " green card" type photographs of both the petitioner and beneficiary,
- an Affidavit of Support showing the willingness of the petitioner to provide support for his fiancée if she is allowed admission into the United States.
All documents in a foreign language must be accompanied by a certified written English translation. (It is easier to gather the necessary documents and information while visiting with your fiancée, rather than trying to collect the information via mail.)
What is the Affidavit of Support?
The Affidavit of Support (INS Form I-864) requires supporting documents such as employment verification letters, bank letters, and a list of stocks held by the petitioner. Also, the affidavit requires the submission of the petitioner's three most recent tax returns with proof that the petitioner meets minimal income requirements and is able to support his alien fiancée. The purpose of the Affidavit of Support is to prove that the alien fiancée will not be a burden (or "public charge") on the people of the United States. The burden in all INS affairs lies on the petitioner and beneficiary to show their eligibility for the benefit requested.
What if my fiancée has children?
Any unmarried children of the fiancée should be included in the petition. They may be able to accompany her to the United States. Also, they may be granted permission to join their parent within one year of the petition approval. However, only if the marriage occurs before a child's eighteenth birthday will the child be able to receive residency via marriage to a citizen. The mother can petition a child based on her new residency status, but a child may not receive a "green card" for more than seven years (based on current waiting lists for that criteria).
How long does the fiancée visa process take?
INS can take anywhere from a few days to several weeks to approve the petition. Following approval, the petition is sent to the United States consulate with Immigrant Visa jurisdiction in the fiancée's place of residence. Choosing a consulate in a different jurisdiction does not guarantee acceptance of the case. It is always best to select your fiancée's local consulate. Upon receipt of the approved petition packet at the consulate abroad, the alien fiancée is contacted and scheduled for an interview. The consulate will then mail a packet of materials to the fiancée, and she will complete the application process for receiving the K-1 visa. The consulate will include an itemized list of required documentation for the fiancée to bring to the interview.
What items are required for my fiancée's interview?
The following items are required:
- birth certificate and English translation,
- the results of a physical examination performed by a doctor approved by the consulate,
- a valid passport,
- a police letter documenting lack of criminal history,
- verification of any name changes,
- original copies of documents proving termination of prior marriages.
If the fiancée's child or children are to accompany her, the same documents will be required for the child(ren).
What are grounds for exclusion into the United States?
The consulate will make an initial determination of admissibility (or exclusion) to the United States. Some grounds of exclusion include criminal arrests, terrorist activities, trafficking in narcotics, habitual drunkenness, and insanity. Waivers may be available if the consulate finds grounds for exclusion. The consulate will also thoroughly examine the intentions of the parties, such as whether the parties are engaging in a marriage of convenience in order to solely gain immigration for the fiancée. A marriage of convenience, or "sham marriage," can result in serious consequences for both the parties if discovered.
What happens if my fiancée is approved?
Upon approval of the K-1 Visa, the consulate places the visa into the beneficiary's passport. This visa permits the fiancée to enter the United States within six months of the date of approval by the consulate. Any children will receive K-2 Visas.
After entering the United States, your fiancée is permitted to stay for only ninety days. There are no extensions allowed. During the admission to the United States, the fiancée will receive employment authorization from the INS.
What if we decide not to get married?
If the parties do not marry within the ninety days, the beneficiary must leave the United States. In the case that the marriage occurs, the couple must then apply for adjustment of status to lawful permanent resident at their local district INS office. If the marriage does not take place and the fiancée returns to her home country within the ninety-day period, then the parties preserve their eligibility to pursue this option with other potential spouses in the future.
For Your Information:
The general information provided above is intended to help you get an idea of what is involved with the visa process. Many other factors play a role in this complex and constantly changing area of law. It is always best to consult with an attorney if you have any questions regarding the process.
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