When 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).
Marriage Outside the United States
People who are unable to obtain a fiancé visa or do not want to wait to get married may leave the United States and get married in another country. Since fiancé visas are only available to people who are marrying U.S. citizens, lawful permanent residents may need to use this method to bring their future spouse to the U.S.
After getting married, a person can file Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for Spouse Beneficiary) on behalf of their spouse. When a petition is approved, the spouse will be able to apply for an immigrant visa, and at this time, the U.S. citizen or lawful permanent resident spouse must agree to be their spouse’s financial sponsor and show that they will be able to financially support their spouse by filing Form I-864 (Affidavit of Support. After receiving a visa and coming to the U.S., a spouse may apply to become a lawful permanent resident by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
Contact an Elmhurst Immigration Attorney
The forms and procedures required to help an immigrant fiancé obtain a Green Card are complex, and the assistance of a skilled, experienced attorney is essential in ensuring that requirements are met correctly. At Khan Nayyar & Associates, LLC we can provide you with the legal help you need throughout the immigration process. Contact a DuPage County immigration lawyer today at 630-LAWYERS.