Do you want to get married in the United States?
If you are a United States citizen and your non-citizen fiancé is outside of the country there are some significant immigration and timing issues that you must deal with prior to planning your wedding, and it is very important to consult with a competent immigration attorney prior to putting nonrefundable deposits down in anticipation of a scheduled wedding date.
If your fiancé lives outside of the United States, and you intend to get married and live together inside of the U.S. after your marriage in most cases you must:
- File a petition to sponsor them with Citizenship and Immigration Services;
- After you receive an approval of this petition, your fiancé must apply for a visa at an embassy or consulate in their home country before they may enter the United States to get married to you;
- Once admitted to the United States your fiancé must get married to you within 90 days of entering the country. If the marriage does not take place within 90 days your fiancé will be required to leave the United States. Until the marriage takes place, your fiancé is considered a nonimmigrant (a temporary visitor), and must;
- Apply to adjust their status in order to live in the U.S. permanently as a Green Card holder after your marriage.
- After your spouse receives their Green Card there are conditions attached to it that requires the filing of another petition within 90 days of the two-year anniversary of the granting of the Green Card.
It is extremely important to know that: Your fiancé may not come to the United States as a visitor without a fiancé visa if at the time of their admission if they intend to live with you in the country, and apply for their Green Card (lawful permanent residency) inside the United States after your marriage.
If your fiancé comes to the United States as a visitor and it is his/her intention to try to get a Green Card after they enter the Country they are committing fraud, and can be permanently barred from ever returning to the United States. Your fiancé may enter the United States only one time with a fiancé visa.
If your fiancé leaves the country before you are married, your fiancé may not be allowed back into the United States without a new visa, although once admitted to the country your fiancé may apply for work authorization and permission to travel.
Kolken & Kolken has experience assisting people with their fiancé visas, as well as filing for their Green Card after being admitted to the United States. ... and congratulation on your recent engagement!!!!!Click here to see how we can help you.