If you are confused in regards to the immigration laws pertaining to your fiancé or spouse, the immigration attorneys at Probinsky & Cole are here to help. Understanding that every case may have nuances that affect the outcome, here are the basic rules you should be aware of.

These items address the most frequent questions which we receive.

Please review carefully, but feel free to contact us with any additional family immigration issues or questions you may have.

Visa for Your Fiancé/Spouse (Non-Citizen)

There are no fiancé visas for foreign nationals wishing to marry U.S. permanent residents (green card holders but not citizens) This is true whether you want to stay in the U.S. for a short time or permanently.
Fiancé visas are available only to people coming to the U.S. to marry U.S. citizens.
Permanent residents can wait until they are officially U.S. Citizens and then apply to have the fiancé visa approved. This method involves the U.S. spouse submitting a Form I-129F visa petition to USCIS, and applying for a K-1 fiancé visa. Couples are required to get married within 90 days.
Get married and then proceed to the entry process as a spouse of a permanent resident. The U.S. spouse will submit a visa petition to USCIS on Form I-130, with documents including a copy of your marriage certificate; then you waiting (currently about a year and a half) for a visa to become available in this category (during which time you have no right to live in the United States). If your spouse becomes a citizen during this time, you automatically become an “immediate relative,” and can apply for your immigrant visa/green card right away.

Fiancé Visas (U.S. Citizens)

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you will need to obtain a fiancé(e) visa or K-1 nonimmigrant visa. If you are already married, plan to marry outside the United States, or your fiancé(e) is already living legally in the U.S., the fiancé(e) visa is not applicable.

In order to obtain a K-1 fiancé(e) visa, you must intend to marry each other within 90 days of your fiancé(e) entering the U.S. The marriage must be valid, meaning that the marriage is not for the sole purpose of obtaining an immigration benefit.
If the marriage takes place within the allotted 90 days, your fiancé/spouse may apply for lawful permanent resident status in the United States (a Green Card).

Children of a Non-Resident Fiancé/Spouse

If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa.

You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States.
The minor children cannot arrive in the United States prior to your fiancé(e).
If you and your fiancé(e) married within 90 days of your fiancé(e)’s admission into the U.S., your fiancé(e)’s children may also apply for a Green Card at the same time as your fiancé/spouse.

We understand that you and your fiancé/spouse wish to be together as soon as possible.

We are happy to assist you to file the correct paperwork and follow the right procedures in order to facilitate a great start to a happy life together.

Contact us with your questions today – Probinsky & Cole are experienced immigration attorneys who can help you with all of your immigration concerns.