Fiancés on beach symbolizing couple thinking about fiancée immigrant visa

FIANCÉE • FIANCE VISA AND GREEN CARD LAWYER

Vacation couple.  Apply for fiance visa Among the immigration services which we provide at the Serrano Law Firm, LLC is helping American citizens engaged to persons living overseas bring their fiancée or fiance to the U.S. on a K-1 visa so that they can get married and start their life together. As a Hartford immigration lawyer, one of the best parts of the practice is helping couples successfully complete the steps involved in obtaining legal residency through a fiancée petition.

A successful fiancée • fiance visa application involves these 5 steps.

  • The U.S. citizen files a Petition for Alien Fiancé(e) Form I-129F with the U.S. Citizenship and Immigration Services (USCIS) to request a K-1 visa for the overseas fiancée or fiance.
  • The USCIS approves the petition and transfers the case to the National Visa Center (NVC) for further processing.
  • The NVC completes its processing and sends the case to the appropriate U.S. embassy or consulate.
  • The immigrant fiancée or fiance passes a visa interview at the embassy or consulate and a medical examination by a doctor approved by the U.S. state department.
  • The fiancée or fiance enters the United States and the couple must marry during the next 90 days.

Do not try to avoid this procedure by having your alien fiancée or fiance enter the U.S. on a tourist, student or other type of visa and then get married. The U.S. immigration service will most likely consider that your fiancée or fiance committed immigration fraud by not disclosing that his or her true reason for coming to the U.S. was to get married. A finding of immigration fraud will make your fiancée or fiance deportable, may very well prevent him or her from ever being able to return to the U.S. if he or she leaves the country, and will most likely prevent you from filing a successful marriage petition for him or her.

If your immigrating fiancée or fiance has children who are not married and younger than 21, his or her children may be able to come with him or her to the U.S. on K-2 visas and obtain permanent residency (green cards) after your marriage. Children include adopted children and children born out of wedlock (paternity must be established in the alien's home country).

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La ley de inmigración de los EE.UU. permite a un ciudadano estadounidense aplicar para que su prometido entrar en el país con una visa K-1 y obtener la residencia permanente (tarjeta verde). Nuestra firma puede ayudarle a traer su novio o novia a los EE.UU. con una visa K-1. La aplicación tiene estos pasos:

  • Usted presente una petición para su novio o novia.
  • El caso es revisado en el Centro Nacional de Visas.
  • Su novio o novia asiste a una entrevista para la visa K-1 en la embajada
    americana o cónsul de su país.

860 236-9350

REQUIREMENTS FOR A K-1 FIANCÉE • FIANCE VISA

Bride and groom.  Attorney for fiance immigration. Following are the requirements under U.S. immigration law for a K-1 fiancée • fiance visa petition to bring your alien sweetheart to the U.S. to get married and provide him or her with a green card (permanent legal residency):

  • You must be a U.S. citizen.  Legal permanent residents (green card holders) can not file for a fiancée or fiance to obtain a K-1 visa.
  • You must plan on getting married and do get married within 90 days of your fiance's or fiancée's arrival in the U.S.
  • You must physically meet your fiancée or fiance at least once during the 2 years before you start the K-1 visa process.
    • You and your fiancée or fiance must present proof that you have met with the 2 years, such as plane tickets, passport stamps, photographs of the two of you together, hotel and restaurant receipts with both your names, store receipts or credit card statements showing that you each bought items from the same store at the same time.
    • Seeing each other on Skype, FaceTime, etc. does not count.
    • The requirement that you physically meet may be excused if cultural or religious reasons prohibit such a meeting.
    • The requirement that you physically meet may be excused if that would impose an extreme, hardship, such as difficulty traveling due to a verified medical condition.
  • Your fiancée or fiance must undergo a medical examination by a physician approved to do examinations for immigration to the U.S.
  • You must show proof of your actual marriage plans, including the place and type of ceremony.
    • You and your fiancée or fiance must present proof that you have been making wedding plans, such as letters or emails between the two of you discussing the plans; statements from a priest, minister, iman, rabbi or other religious official that you have attended pre-marriage counseling or other events; receipts for the purchase of engagement or wedding rings; and announcements that you have become engaged.
    • Proof of the date of the planned marriage is not required as the date will depend on how long the K-1 visa process takes and when your fiancée or fiance arrives in the U.S.  (Do not book reception halls, musicians, caterers until you know when your fiancée or fiance will arrive.)
  • You must file Form I-134 (Affidavit of Support) to show that you have the financial ability to support your fiancée or fiance once he or she becomes a permanent resident (gets his or her green card).
    • If your income is not sufficient, you may need to have other family members or friends file additional affidavits of support.
    • The affidaivit of support obligates you to reimburse any state agency in the U.S. that provides public assistance to your fiancée or fiance.  This obligation continues even if you divorce.

Same - Sex K-1 Visas

Rainbow flag.  Apply for gay fiance visa. US Sup Ct The U.S. Supreme Court case of Obergefell v. Hodges, decided in June 2015, makes it easier for gay and lesbian same-sex couples to use the K-1 fiancée • fiance visa process to obtain legal permanent residency (green card) status for the overseas partner as it is no longer necesary to prove to USCIS that you will marry in a state that expressly allows same-sex marriage.

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