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Oak Brook immigration attorney fiance visaWhen a United States citizen plans to marry someone who is a citizen of a foreign country, they may be able to obtain a nonimmigrant visa that will allow their fiancé to come to the U.S. to get married, after which they may apply for a Green Card. However, the process of bringing a fiancé to the United States is complex, and it involves multiple government agencies. To complete the process of fiancé immigration, the following steps must be followed:

  1. File a petition for fiancé - To begin the process, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS). If USCIS approves this petition, they will recognize the relationship between the citizen and their fiancé and send the approved petition to the National Visa Center (NVC).
  2. Apply for a fiancé visa - After the Department of State (DOS) receives an approved Form I-129F, the fiancé can apply for a K-1 nonimmigrant visa at the U.S Embassy or consulate in the country where they currently live. 
  3. Attend a visa interview - The fiancé will be interviewed by a DOS consular officer, and they will be required to provide certain documentation, including proof of required medical examinations and vaccinations and an affidavit of financial support. If the fiancé qualifies, a visa will be issued.
  4. Enter the U.S. - After a visa is issued, it will be valid for up to six months. The fiancé will travel to the United States, and they will be inspected by U.S. Customs and Border Protection (CBP), who will decide whether to admit them to the U.S. 
  5. Get married - After the foreign fiancé enters the United States, they must marry their U.S. citizen fiancé within 90 days. 
  6. Apply to adjust status - After getting married, the immigrant spouse may apply to become a lawful permanent resident of the United States by filing Form I-485 (Application to Register Permanent Residence or Adjust Status). Both spouses may be required to provide documentation and attend an interview.
  7. Remove conditions on residence - Spouses who have been married for less than two years when applying to adjust their status will receive a conditional Green Card that will be valid for two years. Within 90 days of the expiration of this Green Card, they must apply for permanent residence by filing Form I-751 (Petition to Remove Conditions on Residence).

Contact a DuPage County Immigration Lawyer

Meeting the requirements for fiancé immigration can be a complicated process, and the assistance of an experienced immigration attorney is often required in order to ensure that the proper forms are filed and the correct steps are followed. At Khan Nayyar & Associates, LLC, we can provide you with the legal help you need as you work to bring your loved one to the U.S. to get married. Contact our Oak Brook immigration attorneys today by calling 630-LAWYERS.

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Carol Stream green card attorney family preferenceWhen citizens of the United States have relatives who live overseas, they are likely to want to bring their loved ones to live with them. This is a primary concern for parents, since they will want their children to live in a safe community and take advantage of the excellent educational opportunities that are available in the United States. However, it is important to understand the legal procedures that must be followed when helping a family member immigrate to the U.S.

Obtaining an Immigrant Visa

While there are a limited number of visas available for most categories of people who wish to immigrate to the United States and become a lawful permanent resident, immigrant visas for immediate relatives of U.S. citizens are unlimited. Immediate relatives include the children of citizens, as long as those children are under 21 years old and are not married.

To obtain an immigrant visa for an immediate family member, a citizen can file Form I-130 (Petition for Alien Relative). 

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DuPage County spouse visa attorneyWhen a U.S. citizen or lawful permanent resident (Green Card holder) who resides in the United States is legally married to a citizen of a foreign country, their spouse may be eligible to receive an immigrant visa allowing them to come to the United States and become a lawful permanent resident. The process of applying for a spouse visa is complicated, and couples should be sure to understand the requirements that they must meet when doing so.

Required Documentation for a Spouse Visa

The first step spouses should follow to obtain an immigrant spouse visa is to file Form I-130 (Petition for Alien Relative). Along with this form, they should submit the following documents:

  • Copies of the couple’s marriage certificate and any documents showing that previous marriages have been terminated, such as divorce decrees, annulment documents, or death certificates.
  • Two passport-style photos for each spouse.
  • Proof of citizenship or lawful permanent residence. U.S. citizens can provide a copy of their valid passport, birth certificate, Consular Report of Birth Abroad, naturalization certificate, or certificate of citizenship. Lawful permanent residents can provide a copy of their Green Card or a foreign passport which shows temporary evidence of permanent residence.
  • Form I-864 (Affidavit of Support), which demonstrates that the immigrant spouse will have adequate financial support while living in the United States. 
  • Form DS-260 (Immigrant Visa and Alien Registration Application).
  • Forms showing that the immigrant spouse has completed a medical examination with an authorized doctor and received their required vaccinations.

After filing Form I-130, a spouse may be eligible for a nonimmigrant visa which will allow them to live and work in the United States while their immigrant visa application is pending. U.S. citizens can apply for a K-3 nonimmigrant visa for their spouse by filing Form I-129F (Petition for Alien Fiancé(e)). 

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Oak Brook fiance immigration lawyerWhen a U.S. citizen or lawful permanent resident (Green Card holder) plans to get married to someone who is a citizen of a foreign country, they will likely want to bring their loved one to live with them in the United States. However, there are strict procedures that must be followed in order to do so. There are two options available for people who plan to help their future spouse immigrate to the U.S. and become a lawful permanent resident:

Marriage Inside the United States

A U.S. citizen can apply for a fiancé visa (known as a K-1 nonimmigrant visa) that will allow their loved one to come to the United States for the purpose of getting married. To receive this type of visa, both spouses must be free to marry, and they must have met each other in person within the previous two years before applying for the visa.

To apply for a K-1 visa, a citizen can file Form I-129F (Petition for Alien Fiancé(e)). After receiving a visa, the fiancé may come to the United States, and the marriage must take place within 90 days after their entry. After getting married, a spouse can apply to become a lawful permanent resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).

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DuPage County immigration visa attorneyWhen a non-citizen who lives in the United States is the victim of a crime, they may be afraid to come forward and report the crime for fear of deportation. However, following the passage of the Victims of Trafficking and Violence Protection Act, these people have the option to report the crime, assist law enforcement in prosecuting criminals, and obtain a visa which will allow them to remain in the United States.

U Nonimmigrant Visas

A person is eligible to apply for a U visa if they meet the following requirements:

  • They have been the victim of certain qualifying crimes, including domestic violence, false imprisonment, extortion, sexual assault, stalking, trafficking, and unlawful criminal restraint, which occurred in the U.S. or violated United States laws.
  • They suffered “substantial physical or mental abuse” as a result of the crime.
  • They can provide information about the crime to law enforcement and are willing to assist in the investigation or prosecution of the criminal activity.
  • They meet the requirements for admissibility to the U.S.

A person can apply for a U visa by filing Form I-918 (Petition for U Nonimmigrant Status), along with Form I-918, Supplement B (U Nonimmigrant Status Certification). They must also submit a statement describing the crime committed against them. If they are inadmissible to the United States, they may request a waiver of inadmissibility by filing Form I-192 (Application for Advance Permission to Enter as Nonimmigrant).

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