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Family-Based Petitions

FIANCEE VISA

You must submit a petition if you are a citizen of the United States and want to marry your overseas fiancé(e) in this country.

This is the first step in getting your fiancé a K-1 nonimmigrant visa (e). A fiancé(e) visa is another name for the nonimmigrant K-1 visa.

You and your fiancé(e) must have the intention to get married within 90 days of your fiancé(e) arriving in the U.S. on a K-1 nonimmigrant visa to qualify for a K-1 fiancé(e) visa. Your union must be legally binding, which means that you and your fiancé(e) must genuinely want to start a family and that getting married cannot be done solely to qualify for an immigration benefit.

Your fiancé(e) may petition for lawful permanent resident status in the United States if you get married within 90 days of being admitted as a K-1 nonimmigrant (a Green Card).

Your spouse or fiancé(e) is not eligible for a fiancé(e) visa if you have already been married; typically, you and your spouse will be needed to attend an interview.

A K-2 nonimmigrant visa may be available for your fiancé(unmarried)’s under-21-year-old kid to enter the United States. The documents must list the names of your fiancé (children. )’s have plans to wed outside of the U.S. or if they are already lawfully residing in the U.S.

Steps leading to Fiancé visa process:

  • Petition 
  • Applying for the visa
  • Verification and checking
  • Marriage
  • Adjustment of Status aka Green Card 

If you match the following criteria, you may be able to bring your fiancé(e) to the United States on a fiancé(e) visa:

  • You are a citizen of the United States.
  • You and your fiancé(e) intend to wed within 90 days of your fiancé (entry)’s entry into the country on a K-1 nonimmigrant visa.
  • You and your fiancé(e) are both legally free to wed (this means your prior unions were dissolved by divorce, death, or annulment.
  • You and your fiancé(e) have personally interacted at least once during the previous 2-year period. You may do so if you can demonstrate that this need for an in-person encounter can be waived. You may ask to waive this need for an in-person meeting if you can demonstrate that it would violate the rigid, long-established rules of your fiancé’s culture.

MARITAL PETITIONS

A U.S. citizen or legal permanent resident (green card holder) can file a petition for his/her foreign-born spouse and, under certain situations, the children of the foreign spouse. It is one of the most common petitions for lawful permanent residence in the United States. Both, the sponsor and the beneficiary will have to establish their eligibility.

Documents Required

  1. Proof of petitioner’s status
  • If American citizen through birth—copy of birth certificate and/or copy of U.S. passport
  • Proof of beneficiary’s status 
  • Copy of birth certificate
  • Copy of all passport pages
  • Copy of I-94 (if applicable) or any other records of entry 
  • Additional documents
  • Certified copy of marriage certificate
  • 6 original passport-style photos of the beneficiary, taken within 30 days of filing date, with name printed on the back of each photo
  • 2 original passport-style photos of the petitioner
  • Copies of 3 most recent tax returns with W-2s/paystubs OR official IRS transcripts
  • Employment verification letter from the petitioner’s employer
  • If previously married—certified copy of divorce documents or spouse’s death certificate
  • Immunization history (bring to medical exam) – will discuss that later 
  1. Evidence 

Include as much evidence as possible to prove that your marriage is legitimate. You do not need to include every item on the list, but more information will strengthen your application.

  • The spouse’s driver’s licenses with matching addresses
  • Most recent bank statement with both spouse’s names
  • Property registered in the spouse’s names
  • Lease or mortgage with both spouse’s signatures
  • Utility bills with both spouse’s names and matching address
  • Insurance policies with both spouse’s names
  • Receipts for expensive items purchased together
  • Affidavits from friends, family, colleagues that can confirm that you are married
  • Postmarked envelopes and letters from family regarding knowledge of marriage
  • Wedding pictures or family photos
  • Certified copies of any children’s birth certificates
  • Cards or letters to or from the petitioner and beneficiary
  • Email exchange between the couple
  • Phone records between couple

OTHER FAMILY BASED IMMIGRATION 

A foreign citizen seeking to live permanently in the United States requires an immigrant visa. To be eligible to apply for such a visa, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

U.S. citizens can file an immigrant visa petition for their:

  • Spouse
  • Son or daughter
  • Parent
  • Brother or sister

While a U.S. Lawful Permanent Residents can ONLY file an immigrant visa petition for their:

  • Spouse
  • Unmarried son or daughter

We help guide clients through the immigration process.  Call us today for an appointment with our immigration attorneys.