How Can I Bring My Foreign-Born Spouse Home to the United States?

 Posted on November 15, 2019 in Immigration

These days, people often marry individuals who are not from the same country as them. The ease of travel and increase of students studying abroad has provided Americans with the opportunity to meet friends and possible life partners outside of U.S. borders. Marrying someone from a different culture can lead to an exciting life. Not only are you merging two cultures, but you also must decide where you will live. This can be a difficult decision to make, and many couples decide to remain in the U.S. Making the decision to stay in the United States and getting an approved visa are two different processes altogether. Wanting to stay in America and getting this approval is not as simple as booking a flight home. In these cases, you need the assistance of an experienced immigration attorney.

The “Fiancé” Visa

Applying for and obtaining an immigration visa can be difficult. Before embarking on the long legal journey ahead of you, it is important to do research to find which visa applies to your situation. The visa for foreign fiancés marrying a U.S. citizen is known as a K-1 nonimmigrant visa. Before the application process can even begin, those couples who are planning on getting married in the United States must file a Form I-129F, Petition for Alien Fiancé. This is the first step in the right direction. This petition will allow your fiancé to legally enter the country before the marriage occurs.

After arriving in the U.S., the K-1 application can begin. You and your fiancé must be planning to get married within 90 days of your fiancé’s entrance into the United States as a K-1 immigrant. In other words, your return to the U.S. is time-sensitive. The impending marriage must be valid, leading to necessary interviews before the visa will be granted. If the marriage occurs within the 90-day period, the newlywed may now apply to be a permanent resident, also referred to as obtaining a Green Card.

How Do I Know if My Future Spouse Is Eligible?

The eligibility for the K-1 visa involves both applying parties. One fiancé must be a U.S. citizen, while the other must be foreign-born. As mentioned above, those people applying for the visa must intend to be married within 90 days of the foreign fiancé’s entry into the United States. This requirement will sometimes order the immigrant to remain in his or her home country until the wedding plans are formulated. Both parties must be legally free to marry. In other words, all divorces or annulments must be finalized before the visa application process can begin. The final eligibility requirement makes sure that you and your spouse have met each other at least once within the last two years.

Contact a DuPage County Immigration Lawyer

The immigration process may not seem difficult on paper, but there are many hoops through which each party must jump before being allowed to live in the United States. The best way to ensure that each step is done properly is to seek assistance from an experienced immigration attorney. The skilled legal team at Unzueta Law Group, P.C. is well-versed in the various types of visas offered in the United States. We work hard to help our clients address concerns about visas, deportation, or any other issues related to immigration. If you are looking to bring your fiancé back to the U.S., contact our Itasca, IL fiancé visa attorneys at 630-509-2363 today to schedule a consultation.

Sources:

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens