Immigration lawyers for marriage can make the application process smoother. This is a situation where one person is an American citizen or a permanent resident, wanting to bring a foreign fiancé into the United States. The process to bring a fiancé to the United States will mean filing an application with the United States Customs and Immigration Service that will need to be approved, prior to the foreign national applying for a visa. Questions about applying as a petitioner can be answered by a Colorado immigration attorney, and any visa issues that arise.
The Application and Eligibility Requirements
The application process begins with the U.S. citizen must file a Form I-129F, Petition for Alien Fiancé. To be eligible to file the Form I-129F to the USCIS:
- The petitioner must be a U.S. citizen.
- The petitioner and their fiancé plan to wed within 90 days, from the time the foreign fiancé enters the United States.
- Both parties must be legally free to marry, if either party has had a prior marriage it must either have been annulled or there must have been a legal divorce that is completed. The party is a widow or widower, meaning the prior marriage was terminated by death of the spouse.
- The petitioner and fiancé had to have met at least once within the past 2 years before filling the Petition for Alien Fiancé. There are two exceptions to this rule the USCIS will accept.
- If meeting the fiancé prior to the wedding would violate long established customs, foreign culture and social practices or if the requirement to meet would be an extreme hardship.
The visa that will be issued to the fiancé after the petitioners application is approved by the USCIS, will be a K-1 nonimmigrant visa. This type of visa will permit the fiancé to enter the United States and requires that the marriage take place within 90 days. Once the marriage takes place, then the new spouse will be able to apply for permanent residence. The spouse will be permitted to remain in the United States, while the application for permanent residence is processed by the United States Customs and Immigration Service. Once approved, the new spouse will receive a green card, allowing them permanent residence in the United States.
When the Wedding Does Not Take Place
When the wedding does not take place within the 90 day time limit or if the wedding is put off and may not take place at all, the K-1 visa holder will be required by immigration laws to leave the United States. If they do not leave then they will be in violation of the immigration regulations for the K-1 visa holder, which could affect them being approved for a visa again. There are no extensions for the K-1 visa.
The Fiancé with Children
When a K-1 visa applicant has minor children, under the age of 21 and who are not married, the child or children will be required to have a K-2 nonimmigrant visa. The U.S. citizen that is the petitioner will be required to include the names of their fiancé’s children on Form I-129.
As a petitioner it can be overwhelming being involved in filing forms to the USCIS and with the legal experience of the immigration lawyer Colorado assisting, it can be less stressful. The Colorado immigration lawyer can assist the fiancé in filing Form I-756 Application for Employment Authorization, if the foreign fiancé would like to begin working after entering the United States, prior to the wedding.