Immigration: How to Get Your Fiance to the United States
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
1.) Bringing Your Fiance to the United States
If you wish to marry a person from another country and bring them into the U.S. you will require a fiance visa. In order to bring someone to the US on a Fiance Visa, the person must be a US citizen and not a Green Card holder. Clients will have had met their fiance in person over the last two years. I advise my clients as a New Jersey Immigration Lawyer that finally, you have to be able to show that you can support that person financially and they will not become a strain on the public. If you accumulate all these documents, you will have no problem bringing your fiance over to the US.
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Summary:
- You must be a US Citizen petitioner, not a Green Card petitioner to bring your fiance into the U.S.
- You must have physically met in person in the last 2 years.
- You must be able to show that you can financially support your fiancee and that your relationship is based on love.
2.) Obtaining Permanent Resident Status for Your Fiance
Very often, we help people obtain a fiance visa for their sweetheart abroad and then they come into the US under a K1 Visa. The next question is: what do we do now? How do they get their green card? It’s very important to remember that within 90 days of entering the US it is imperative that you get married in order to keep the fiance visa alive. I advise clients as a New Jersey Immigration Attorney that you marry within 90 days and then file the adjustment of status paperwork with the local immigration service and then approximately within three or four months time, you will be scheduled for your spouse interview.
Assuming that all goes well and you bring with you lots of bonafide information of the marriage, proving that it’s a real marriage based on love and not just on friendship, your immigration interview will go well and the immigrant visa will be approved, the adjustment of status will be approved.
Summary:
- You must be married within 90 days of coming into the U.S. to keep the Visa.
- You must file for adjustment of paperwork with your local immigration service which then you will receive a spouse interview within 3-4 months.
3.) Filing for a Fiance Petition if You Never Met in Person
A few weeks ago, a woman came into my office, she met this terrific guy on the Internet through Plenty of Fish or one of the other dating sites. It was a fairly serious relationship, they had been Skyping and talking and now she wanted to file a fiance petition for him. So he would come to the US, and they would get married.
The requirements for a fiance visa are as follows: You must be a US citizen in order to file for a fiance visa for your partner. The fact that she had her green card for only four years means that she’s not eligible to file for citizenship yet. In another year, once she’s had her green card for five years, then she can file for citizenship. As a citizen, she can sponsor him for a fiance visa.
One of the other important requirements is that the US citizen and their foreign-born fiance meet in person within the last two years. That requirement is almost never waived. As an experienced New Jersey Immigration Lawyer I always encourage any citizen who’s serious with someone to meet in person first so I don’t have to give them the bad news.
Plan your trip and take lots of pictures. Meet the family because you do have to prove to immigration when you file a fiance visa that you have met in person within the last two years. You have to show the bona fides of the relationship. All these pictures, and your receipts, and your passport stamps, and receipts from the hotels, and pictures of the parties, those are all perfect evidence of bona fides of your relationship.
In this case, where the woman had her green card for four years, and they hadn’t quite met, as a knowledgeable New Jersey Lawyer my best advice to her or to someone like her in that situation is document your relationship. If it’s another six months or a year until you become a citizen, continue to document your relationship. If you’re sending any money abroad, you can keep evidence that you’ve sent money, or gifts, or packages abroad.
As soon as possible, file for your N-400. It takes about four to six months. Once you’re a citizen, of course, in the meantime make plans to meet. Totally make plans to meet in person even while you have your green card. Then when you’re a citizen, you can absolutely file for your foreign-born fiance. You must marry within 90 days in order for the fiance visa to go well and for your foreign-born fiance to file for adjustment of status.
Summary:
- You must be a U.S. citizen to file for a Fiance Visa for a foreign born partner.
- You must at least have your Green Card for 5 years before you can apply to become an U.S. Citizen with an N-400.
- You must also meet in person within a two year span in order to qualify.
- You must marry someone within 90 days of the Fiance Visa.
Are you engaged to a foreign national and wish to bring them to the US and start a life together? Let one of our dedicated lawyers help you start the beginning of your new life as a couple.
This educational legal blog is brought to you by Susan Scheer, an experienced New Jersey Immigration Attorney located in Morristown.
