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Do you need a Fiancé Visa? Are You in Love with a Foreign National?

July 20, 2012 by Thomas Geygan

If your love happens to be a foreign national, living in another country, a qualified immigration attorney may be able to help you two be together.  The U.S. government believes that families are the bedrock of America.  After all, families take care of each other – which lets the government off the hook. 

Fiancé(e) and Spousal Visas

The United States offers visas (and green cards) to fiancés and spouses so that they can enter, live in, work in, and reenter the United States. 

• A green card means that your loved one is a permanent resident and can stay in the United States forever and reenter the U.S. after going home for a visit. 

• A green card also allows your love to work in the United States.

• He or she doesn’t have to apply for U.S. citizenship, but the opportunity is available for green card holders. 

How to Get a Fiancé Visa (K-1 Visa)

File the application for the K-1 visa (I-129F – Petition for Alien Fiancé) and show that:

• You are a United States citizen.

• You can support your fiancé.

• You and your fiancé are not married to anyone else.

• Your fiancé has not violated any immigration or criminal laws.

• You have visited with your fiancé in person during the last 2 years.

• You intend to get married within 90 days of your fiancé entering the United States.
If approved the K-1 visa (Fiancé Visa) application is approved, your fiancé will be permitted to enter the United States for a period of 90 days.

• During those 90 days, you must get married.

• Your spouse must file for lawful permanent residency (i.e. green card) during that time period.

How to Get a Spousal Visa (Immediate Family Visa – IR1 Visa or CR1 Visa)

The IR1 visa is available for a foreign national married to a U.S. citizen for more than 2 years.  The CR1 visa is appropriate if the marriage is less than 2 years. (It’s temporary.)

• File the immigrant Petition for Alien Relative (Form I-130).

• Provide proof of marriage.

• If approved, your spouse will be permitted to enter the United States.

• Your spouse then files for lawful permanent residency (i.e. green card).

Where to Get Legal Help Bringing Your Love to America

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights.  We focus our practice on immigration law and you can reach us at 513-793-6555 or Thomasjr@geygan.com.  We’d be honored to help bring your love to the United States.  Call now.

Filed Under: Family based Immigration, Family Visas, K-1

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