There are two main categories that either U.S. Citizens or Legal Permanent Residents can petition for relatives to immigrate to the United States: immediate relatives and family preference visas.

Immediate Relative Immigration:

There is an unlimited number of visas for immediate relatives of U.S. Citizens, including:

• Spouses (IR-1 Visa)
• Unmarried children under the age of 21
• Parents of U.S. Citizens who are over the age of 21
• Adopted orphans

Family Preference Immigration:

There is a limited number of family-based preference immigration visas allowed on an annual basis. The wait time depends on the relationship with the U.S. Citizen or legal permanent resident, the home country, and the number of petitions that have already been filed in the preference category. The family preference categories are:

1. First preference (F1): U.S. Citizen’s unmarried adult children
2. Second preference (F2A and B2B): Legal permanent resident’s spouses and minor children and unmarried adult children
3. Third preference (F3): U.S. Citizen’s married children
4. Fourth preference (F4): Siblings of U.S. Citizens over the age of 21

There are two main options for petitioning:

FIANCEE VISA:

The first of two options is the fiance visa. If you meet someone in a foreign country and then want to consider a permanent relationship, the easiest thing to do is to file for a fiance visa. This visa allows the person to enter the U.S. for a 90-day period. You can live together, and if you decide to spend the rest of your lives together, get married within the 90-day period. The foreign person can remain in the United States and apply for the marriage Green Card while in the United States, and then live here permanently. After three years and you remain married, the person can apply for U.S. Citizenship.

GREEN CARD THROUGH MARRIAGE

The second option, is that if you meet someone in a foreign country and you know that you would like to marry that person, you can go to their country, or any country other than the United States, and if it is a legally recognized marriage, you can exchange vows and then file for the marriage Green Card while you, the US citizen, are in the United States. You cannot bring the person back with you.

EXPANSION ON THE GREEN CARD THROUGH MARRIAGE
1. Let’s say you have a childhood sweetheart and that person lives in a foreign country. You can go there and marry him or her, as stated above, but the paperwork will take 9-12 months to process before the person can return to the United States.

2. The second situation is where the foreign person is on vacation in the United States and meets you. The two of you decide that you will spend the rest of your lives together and get married. In this case, as the foreign person did not enter with the intent of remaining, he or she can stay here while the paperwork is being processed. The key is to file the paperwork before the person’s legal status expires.

WHAT IS THE PROCEDURE LIKE?
1. Once the case is filed, in about 4 months the foreign person will receive a work permit and social security card. This allows the person to work wherever they like, as well as open a bank account, obtain a driver’s license, and so on.

2. The person at the same time as the EAD (=work authorization) will receive an “Advance Parole”. This document allows the person to travel and return. (One can always leave the US, it’s returning that’s the hard part). NOTE: People who file their cases without a lawyer often call us because they leave, thinking the Advance Parole will let them back in. Sadly, if they are out of status, they will be trapped. They will now have to wait outside the country for embassy processing, which can easily take 12 months, depending on the country. Even worse, if the person was out of status when they left for 6 months, there will be a 3-year bar imposed, and if they were out of status for a year or more, a 10-year bar will be imposed.

We help families from around the world so they can re-unit in the United States and create their new futures. We handle most family-based immigration matters including immediate relative petitions, relative visas, fiance visas and marriage visas. Contact us for consultation on K3 visa and other family-based green card applications

USCIS Interview

Both you and your spouse must attend a final interview with a USCIS official. The primary purpose of the USCIS interview is to demonstrate the validity of your marriage. Immigration officials seek to establish firmly that you are living together and are in a real relationship. You may be interviewed separately and asked personal questions about each other, as USCIS may suspect that your marriage is a hoax, concocted so your spouse can obtain a green card.
You may also be asked to present concrete evidence of the legitimacy of your marriage during your USCIS interview. Evidence may include the following:

• Photographs of you and your spouse together that show you spending time with friends, going on vacation, and other activities that depict you as a married couple
• Your marriage certificate
• Statements of bills you have paid together, such as rent, utilities, or the purchase of property or other items
• Travel documents from trips you have taken together, such as plane tickets

Your fiancée visa lawyer and immigration lawyer can help both of you prepare for the interview. Be aware that USCIS will conduct thorough background checks on both of you beforehand. You are advised to conduct as much preparation as possible and obtain professional advice to avoid stumbling and causing USCIS officials to question the validity of your marriage. If all goes well, at the end of the USCIS interview your spouse can receive a green card.

Keep in mind that in some circumstances, your spouse can still obtain LPR status if you have divorced during the two year period before he or she has conditions removed. However, you will require a skilled fiancé visa lawyer, or an immigration attorney, to negotiate this complex situation.

Evidence of Financial Support

Fiancé visa applicants may be turned away due to lack of evidence of financial support. The US Embassy or Consulate where your fiancée is interviewed will not grant him or her a K1 visa if officials suspect the individual will become a burden on US taxpayers.

In order for your fiancée to complete the K-1 visa interview successfully, he or she must bring evidence of financial support. This proof can consist of evidence that your fiancée has the qualifications to obtain a well-paying job in the US, or already has the connections required to secure a job. Additional proof may include sufficient savings or inheritance that will allow your fiancée to live independently without government aid.
Proof can also consist of evidence of financial support, the American citizen, can financially support your fiancée. To prove this, your immigration attorney may need to submit Form I-134: Affidavit of Support, and Form I-864: Affidavit of Support Under Section 213a, to the Consular Officer.

An affidavit demonstrates to the Consular Officer that you, the American citizen fiancée, can financially support the foreign fiancée in the US, in order for him or her to obtain a K1 visa. In proving that you can support your spouse, your income must be at least 100 percent of (or equal to) the federal poverty guideline. This guideline changes often. Your fiancé visa lawyer can help you access the most recent figures. Keep in mind that when you apply for adjustment of status, your combined income will need to be 125 percent of the federal poverty guideline, meaning one fourth higher.

Your fiancé visa lawyer will help you predict what evidence will be necessary to demonstrate financial stability, and can help you and your fiancée compile all necessary documentation. For a consultation from our immigration attorney and immigration lawyer please call the number provided below.