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Fiancé(e) Visas

How do I apply for a visa for my foreign fiancé(e) to immigrate to the United States? U.S. citizens can apply for a fiancé(e) visa for someone they have met in-person within the previous two years and they intend to marry within 90 days of the fiancé(e) entering the United States. This process also has three main steps.  First, the U.S. citizen files a petition with the U.S. immigration service seeking recognition of the relationship.  Again, the evidence submitted must demonstrate a genuine relationship and that you intend marry within 90 days of the foreign national’s arrival the U.S. Because people who are not yet married often do not have a lot of documents to support their relationship, we work closely with these clients to identify the best evidence available for the initial petition.  This includes preparing sworn affidavits from those who know you as a couple, assembling photographs and other innovative approaches.  The fiancé(e)-visa petition typically takes two to five months for a decision. Fiancé(e) Visas Next, U.S. immigration service sends the case file to the U.S. Consulate where the fiancé(e) lives.  He or she then applies for the K-1 visa.  This stage involves numerous tasks, such as undergoing a medical examination, completing an online application form, obtaining police background report(s), making payments and preparing an affidavit of financial support. Third, after the fiancé(e) receives the K-1 visa and enters the U.S., he or she must apply for permanent residency.  This can only be done after the two of you have gotten married.  Failure to marry within the 90-day window can complicate the process.  The application for permanent residency can take six to eight months to be approved, and sometimes involves an interview of the two of you by the U.S. immigration service. Contact Merrick Immigration Law to speak with an experienced immigration professional and learn

Marriage-Based Immigration

U.S. Immigration Options through Marriage Spouses of U.S. citizens and permanent residents of the United States are generally able to obtain lawful permanent residency in the United States based on their marriage.  There are generally three procedures for accomplishing this: Adjustment of Status for Foreign Spouses – when the foreign national is present in the U.S. Immigrant Visas for Foreign Spouses – obtained at a U.S. Consulate when the foreign spouse is either outside the U.S. or is not eligible to adjust status inside the U.S. Fiancé(e) Visas – available if the couple is not yet married.  This is also obtained at a U.S. Consulate abroad (only available to fiancé(e)s of U.S. citizens) For all three of these options, it is essential to show from the start and at every step in the process that the couple is in a genuine, committed relationship and that they live (or intend live) in a true marital union. The key to successfully navigating these processes is to submit a comprehensive and well-balanced assortment of evidence with your initial petition package.  Our goal is to make it abundantly clear from the start that you are a genuine couple who just want to be together.  In our experience, this strategy offers the best chance for a smooth and successful immigration process. We work closely with our clients to identify the best documentation for their case and compile the strongest presentation of your relationship based on your unique circumstances.  This often includes preparing sworn affidavits from you and those who know you and identifying other supporting materials unique to your situation.  Taking the time to present these materials in a professional, comprehensive way ensures that the U.S. immigration officials will quickly understand who the two of you are.  This leaves no doubt that you and your loved one are eligible for marriage-based immigration