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 three steps: the U.S. citizen files Form I-129F to petition to start the request for the the K-1 visa, upon approval the USCIS transfers the case to the National Visa Center (NVC) for further processing, the NVC sends the case to the appropriate U.S. embassy or consulate where the alien fiancée or fiance undergoes a visa interview. The couple must marry within 90 days of the fiancée's or fiance's arrival in the U.S. on the K-1 visa.
Do not try to avoid this 3-step 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).
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):
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 3 pasos:
Usted y su novio o novia debe casar dentro de los 90 días de su novio o novia entrar en los EE.UU. Los hijos de su novio o novia que son menores de 21 años y no casados tambíen pueden obtener tarjetas verdes.
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.