Bringing your Fiance to the U.S.
Posted By Orlando Immigration Lawyer on Jun 29, 2011 1:02pm PDT
Often a U.S. citizen meets and falls in love with a foreign national and wants to bring him/her here to the U.S. This process can be cumbersome and confusing at best. As anyone who has ever had dealings with Immigration officials can attest, it is always better and easier to do it right the first time than to try to correct, if submitted in error.
There are several requirements the U.S. citizen must meet in order to bring the Foreign national to this country. First, the parties have met in person within the past two years in order to qualify for the K-1 Fiance Visa. While there are certain exceptions to this requirement it is not always easy to convince USCIS that this exemption is warranted. Additionally, both parts must provide any final orders granting them a divorce if either has previously been married. Without this the parties cannot show they are legally eligible to marry.
Other requirements include the need to show your intention is to actually marry the foreign national, if they are allowed to entry the U.S. for that purpose. Other supporting documents include such items as photos of the couple, receipts for engagement rings or plane tickets to confirm the U.S. citizen has been to the foreign national country so that a meeting was possible
Once the initial Fiance petition is approved by USCIS the file is transferred to the National Visa Center for further processing. At this point, additional documents, including the Visa Application, are submitted for review and transfer to the consulate in the foreign nationals home country.
An interview is scheduled and additional documents are submitted at the time of the interview. Once the K-1 visa is approved the foreign national usually has six months to entry the U.S.
Once in this country the marriage must take place within 90 days or the foreign national must leave the U.S. Once married the foreign national must file for Adjustment of Status in order to receive the status of Legal Permanent Resident.
As stated eariler, it is better to do it right the first time so alwasy consult with an experience immigration attorney when attemtping this process. The S.A. Young Law Firm, P.A. has successfully united numerous couples through this process and would be happy to help you with yours.