Marriage to a U.S. citizen is the most common and quickest way for an alien to obtain a permanent resident card or Green Card. If a foreign national marries a U.S. citizen, the foreign national becomes an immediate relative of the U.S. spouse.
Spousal petitions currently take between 12 and 24 months generally. As a U.S. citizen, you have the right to bring your fiancé(e) to the United States to marry and live in the country on a K-1 non-immigrant fiancé(e) visa, ask for help from Immigration lawyers in El Paso, Texas.
To get married in the U.S., you must file Form I-129F, Petition for Alien Fiancé(e). This is the first step in obtaining a K-1 nonimmigrant visa for your fiancé(e).
To obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry within 90 days after your fiancé(e) is admitted to the U.S. as a K-1 nonimmigrant. Your marriage must be valid, which means that both you and your fiancé(e) intend to marry and not for the sole purpose of obtaining an immigration benefit, seek help from Immigration lawyers in El Paso, Texas.
Once the marriage is effected, within 90 days after being admitted to the United States as a K-1 nonimmigrant, you can apply for lawful permanent resident status by applying for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
The K-1 nonimmigrant visa is also known as a fiancé(e) visa.
If the marriage is less than two years old at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse must remove the conditions on your residency by filing Form I-751, Petition to Remove Conditions on Residency within 90 days before your Green Card expires.
If you have already married or plan to marry outside the United States, the spouse or fiancé(e) is not eligible for a fiancé(e) visa. These requirements apply for the fiancé(e) visa:
- A U.S. citizen and his or her fiancé(e) intend to marry within 90 days of admission of the K-1 nonimmigrant visa.
- A U.S. citizen and his or her fiancé(e) are legally free to marry.
- A U.S. citizen and fiancé(e) met in person at least once within the 2-year period prior to filing the petition.
The process of bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State and U.S. Customs and Border Protection. At each stage of the process, security and background checks may be conducted on both the U.S. citizen and your fiancé(e). Ask for help from Immigration lawyers in El Paso, Texas.
Each case is different and the length of the process is also different. USCIS processes fiancé(e) petitions in the order in which they are received.
For more information about processing times or immigration status, contact us at Villalobos&Moore, Immigration lawyers in El Paso, Texas. and we will advise you.