Thanks to film, television, and the ease at which information spreads in the Digital Age, countless myths about immigration abound – and many of them relate to marriage. If you have questions about obtaining a marriage-based visa in Florida, Probinsky & Cole can help.
Call 866-805-8947 to speak with a Sarasota immigration attorney about your situation. Let’s take a closer look at three common myths about marriage-based immigration:
Myth 1: Marrying a U.S. citizen will make you a U.S. citizen.
You do not automatically become a U.S. citizen after marrying a U.S. citizen. Instead, you become eligible to apply for citizenship.
The application consists of a legal petition that requires tangible evidence of your relationship, as well as proper documentation and filing fees; however, the application does not result in citizenship immediately. If the government accepts the application, the foreign spouse receives a Green Card and becomes a permanent resident of the United States.
Three years after receiving the Green Card through marriage, the legal permanent resident can then apply for full citizenship. To learn more about the general procedure for obtaining a marriage-based Green Card, visit USAttorneys.com
Myth 2: If a U.S. citizen marries a foreign citizen abroad, they can move back to the United States together and live as citizens.
The laws regarding marriage abroad are complicated, and those governing the process for returning to America are incredibly strict. The U.S. Department of State website offers information about getting married abroad, but couples should remember that reentering the United States may not be as easy as they anticipate – even if one of the individuals is a U.S. citizen.
If the couple intends to live in the United States, they must file at least two petitions to prove that their marriage is legitimate. An immigration lawyer can help you file the first petition with the United States Citizenship and Immigration Services.
You must file the second petition at the U.S. consulate in the country where you got married. The entire process can take up to 12 months.
Myth 3: The foreign spouse can get a visitor’s visa and remain in the United States with the U.S. citizen spouse while they submit the marriage-based visa application.
If a foreign citizen enters the United States on a visitor’s visa and files a marriage petition for legal permanent residency a short while later, there could be severe consequences – up to and including denial of the Green Card application. Immigration officers keep an eye out for individuals who appear to enter the country with the intention of marrying someone so they can file for permanent residency.
The proper way to enter the United States with imminent plans to marry a citizen is by applying for a K-1 nonimmigrant fiancé visa. If you need to apply for a fiancé visa in Florida, turn to Probinsky & Cole.
Navigating marriage-based visa laws is challenging, but a Sarasota immigration lawyer from Probinsky & Cole can guide you every step of the way. Call 866-805-8947 today to schedule a initial consultation.
