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Bolingbrook spousal immigration attorneyEach year, thousands of immigrants become permanent citizens of the United States. As the country was founded by immigrants, the U.S. promotes family unity by allowing U.S. citizens to petition for their foreign-born spouses to come to the U.S. to live with them permanently. In some cases, you can also petition for your spouse’s children to also come live permanently in the United States. Immigration law is extremely complex, and it can sometimes be difficult to understand what exactly you must do to file a petition. A knowledgeable Bolingbrook immigration lawyer can help you understand the process and the steps that must be followed.

Beginning Steps

The first thing you must do when petitioning to have your spouse come to the United States is fill out Form I-130, which is the Petition For Alien Resident form. If your spouse has already entered the United States lawfully, they must fill out Form I-485, which is the Application to Register Permanent Residence, and this must be submitted along with Form I-130. When you submit this form, you must also submit the filing fee, which is currently $535.

Supporting Evidence

In addition to your applications, you must also submit all required supporting evidence for your petition. If you are a U.S. citizen, you must prove your status by submitting a copy of one of the following:

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Woodridge fiance immigration lawyerImmigration has been a hot topic in recent years. Under the current presidential administration, immigration policies have been under scrutiny, and fiancé visas - officially known as K-1 visas - have taken a hit. According to the United States Citizenship and Immigration Services (USCIS), around 90 percent of fiancé visas were approved in 2016. In 2017, when President Donald Trump took office, the percentage of approved fiancé visas dropped to around 66 percent. Even though fiancé visas are getting harder to obtain, it is not impossible to get one - you just need the help of a skilled immigration attorney.

Eligibility Requirements for a K-1 Visa

In order to successfully obtain a visa for your fiancé, you must meet certain requirements. Though every visa petition is different, there are a few common requirements that you must meet. Eligibility requirements include:

  • You must be a U.S. citizen;
  • Both you and your spouse must be able to become legally married;
  • You must intend to marry your fiancé within 90 days of receiving the visa;
  • You must have physically met each other face-to-face at least once within the past two years; and
  • You must meet certain income requirements to prove that you can support your fiancé.

Other Elements of the K-1 Visa Process

In addition to meeting the requirements for a fiancé visa, you must also complete a series of other steps in order to successfully complete the process:

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Aurora immigration attorney visa denialIf you are a United States citizen or lawful permanent resident (LPR), there are ways that you can bring your spouse, fiancé, or other family members into the U.S. to live with you if they are a citizen of another country. Unfortunately, not all who apply for visas receive them. While there is not a limit on the number of visas issued to spouses of U.S. citizens, only a certain number of other types of visas are issued each year to allow people to enter, live, and work in the United States. In addition to restrictions on the number of visas issued, certain situations can disqualify your family member from obtaining a visa.

Health-Related Situations

The United States has specific requirements for people wishing to enter the country. Health-related issues usually revolve around sustaining the health of the public. Those applying for visas must have been vaccinated against:

  • Mumps;
  • Measles;
  • Rubella;
  • Polio;
  • Tetanus;
  • Diphtheria;
  • Pertussis;
  • Influenza type B; and 
  • Hepatitis B.

The U.S. also does not allow those who have a mental disorder and associated behavior that poses a threat to the property, safety, or welfare of the person or others, or those who are determined to be drug abusers or addicts.

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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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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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