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| The rise in popularity of online matchmaking has dramatically
increased the demand for visas for fiancees of U.S. citizens to
enter the United States and get married. The process of
obtaining a fiancee visa, also known as K1 visas, is not quite
as complicated as you might imagine.
The first thing a U.S. citizen must do is file the I-129F
petition for their foreign fiancee. Along with the petition the
U.S. citizen must submit proof that they have met their fiancee
in person within two years prior to the I-129F fiancee visa
petition being submitted. The state you live in determines where
you file your petition with the USCIS (formerly INS). Normally,
the processing time will be somewhere between one to eight
months.
After you have received notification that the I-129F has been
approved, you fiancee will have 4 months to acquire the K1 visa
at the US consulate office in the country in which they reside.
This time period may be extended if needed by the consular
office.
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The K1 fiancee visa allows the fiancee to travel to the United
States and entry must occur within six months of the issue date.
If your fiancee has children then you must also submit a K2
application. A K2 visa must occur within one year of the issue
date. A person with a K2 visa may not enter the United States
prior to the K1 visa holder.
When your fiancee arrives in the United States you have 90 days
from the day they arrive to get married.
After your wedding, your new spouse must then apply for an
Adjustment of Status, Form I-485. This application will give
your husband or wife a permanent resident status once approved.
They may also apply for an Employment Authorization Document
(EAD), and "advance parole". This will allow the foreign spouse
to travel outside of the United States and come back before they
receive their green card.
Your spouse can wait for up to one year or even more before you
both are interviewed for "Conditional" permanent resident
status. This is what is commonly referred to as a Green Card.
The Green card is conditional on you both remaining married for
two years. After the two years, your spouse can you can apply to
have the "Conditional" status removed and approximately three
years later they can apply for U.S. Citizenship.
| Michael O
Michael O'Toole is an immigration attorney specializing in
spousal and fiancee visas. http://www.visaatty.com/K1Fiancee.htm
Editor, Antonio Attorney Immigration Law San Texas Review - *Editor's Commentary expresses opinions by the Editor and is not part of the original article but has been added to provide additional information and resources about Antonio Attorney Immigration Law San Texas and other immigration subjects. |
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