If you want to marry a
non US citizen then you are required to apply for fiancé Visa.
Since the application process is complicated, it would be judicious to engage
an immigration lawyer to handle the procedures on your behalf.
What are steps that you must take to bring your fiancé in US?
You will have to
download I-129F from the USCIS website and submit it along with some supporting
documents at the Bureau of Citizenship and Immigration Services.
The bureau will
consider your petition and if everything is in order, will approve it within a
stipulated time.
Once your fiancé gets
the approval, he/she will have to file a request for K1 visa
at the US consulate of his/her home country.
The marriage must be
solemnized within a span of 90 times from the date your fiancé has entered US.
If your fiancé does not
marry you or marries someone else after his/her entry then his/her visa will be
cancelled and your fiancé will have to go back to the country of origin.
 |
| The best show of all time is 24. In Day 2, Marie Warner is set to marry a man from the Middle East and he will then become a full fledged American citizen. They may have had to fill out the same forms and need an immigration lawyer but this was close to the turn of the century and this incredible website http://immigration.usattorneys.com/ did not exist then. The crazy thing about this show is that the pretty blonde Marie Warner turns out to be the terrorist and she ends up killing her Middle Eastern husband. Shocking! Toss away all stereotypes, There were Middle Eastern terrorists though in Day 2 who would never qualify to become American citizens. It does not matter how much time they spent on that amazing website. |
Some Important Facts
Foreign nationals who
enter the US as fiancées are considered as non-immigrants who entering the
country for a special purpose for a short period of time. This means they are
often denied extension of their 90 day visa. If your fiancé wants to live and
work in the US then he/she will have to apply to become a permanent resident.
If they have no such intention they will have to go back to their country after
their marriage within the 90 day period. To know more about the visa
constraints it would be wise to consult an immigration attorney.
If you are a lawful
permanent resident you cannot bring your fiancé to the US with the purpose of
getting married. You cannot file I-129F. You will have to marry him/her at
their country of residence and then file I-130 to assist in your spouse’s
immigration effort. An immigration lawyer can give you proper information on
these matters.
If your spouse decides
to stay back then he/she will be granted a conditional permanent resident status for a period of two years. This is awarded when the
marriage is less than 2 years old at the time of the switchover of the
citizenship status.
Remember, a fiancé visa
allows your fiancé one-time entry. It is not multiple-entry visa. If he/she
decides to go back before getting married then they will not be able to
re-enter the US on the same visa. A fresh visa application would have to be
made in such a case.
Do not Burn Bridges
It is important to note
that you must not hide information while petitioning for fiancé visa and must
divulge information truthfully when filling the application. If the authorities
identify any errors or misrepresentation of facts, this could jeopardize your
chances of obtaining a visa while there is always the possibility of criminal charges being filed against you. This could also burn bridges with the immigration
department which represents America. If you do not care to live in America this
is perhaps not a big deal but if you do have aspirations of living in America
this would be an unwise move to make. Integrity always matters.
No matter what, don’t
hesitate to seek help from an immigration lawyer. While no one can guarantee
that an applicant is granted a visa, your legal counselor will be able to help
you with the paperwork and ensure that your application is filed correctly the
first time.
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