There’s an assortment of avenues available if you would like to bring your foreign spouse or fiancé to the United States (U.S). While only U.S citizens can legally bring their foreign fiancé to the U.S. for marriage, both U.S. citizens and permanent residents (green card holders) can petition to allow them to lawfully bring their husband or wife into the country.
In order to legally bring your foreign spouse to the U.S., you will need to file a Relative Petition, along with other documentation and forms. Approval of this form will be the first step in gaining legal permission for your spouse to enter the country.
Both U.S. permanent residents and citizens can legally petition on behalf of their foreign spouse. However, legal permanent residents will be subject to waiting until their priority date becomes current before finishing the process. U.S. citizens have no wait because a spouse is considered an immediate relative.
If you have been married for less than two years prior to filing your application, an alien spouse will only be granted conditional residency for two years. At such time, couples must petition to remove the conditions. This provision applies to both U.S citizens and permanent residents. If the spouse is outside of the U.S, upon approval of a Relative Petition, the consular process will begin. An interview will be conducted in the alien spouse’s home consulate prior to being issued a legal permanent resident status. This is done for the purpose of determining the validity of the marriage.
A U.S. citizen may submit a Petition for Alien Fiancé to obtain a K-1 nonimmigrant visa for their foreign fiancé. Approval of this visa allows the alien/fiancé to legally enter the U.S. and marry their U.S. fiancé within 90 days. Once married, the alien fiancé can submit an adjustment of status application in order to become a legal permanent resident. There is no need to pursue a fiancé visa if your fiancé already legally resides in the U.S., or if you plan to marry outside of the U.S.
Bringing a fiancé or spouse to the U.S. can be an exciting time in your life. However, you will need to be aware of all eligibility requirements in order to receive the approval you desire. Luckily the immigration law attorneys at JRQ & Associates, LLC can provide all the immigration legal assistance you need.