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Posts Tagged ‘Petition for Alien Relative’

As an American citizen, you can bring your fiancé(e) to the United States to marry and live here. If you want your foreign fiancé(e) to travel to the US to marry you and live with you in the US, you must file, Petition for Alien Fiancé(e) in the United States. Who qualifies as a fiancé(e)? He/she is a person who is engaged or contracted to be married. Per the laws of the state in the United States, the marriage must be legally possible where the marriage will take place.

To go through the US fiance visa process,generally, the two people who have decided to get married, should have met in person within the past two years. The United States Citizenship and Immigration Service (USCIS) will grants some exceptions to this requirement. In certain cases, it may be contrary in some traditions for a man and woman to meet before marriage.

Petition form I-129 F:

As the first step, the American Citizen must file Form I-129 F; Petition for Alien Fiancé (e) and the required supporting documents with the Immigration and Naturalization Service (USCIS) Office that has jurisdiction over the petitioner’s (U.S. Citizen’s) place of residence.

After the USCIS approves Form I-129 F petition, it will send the petition to National Visa Center for processing, before sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 non immigrant visa for a fiancé(e). Once the USCIS approves the I-129F petition, it is valid for four months. In certain case, officers at the Consulate can extend the validity period of the petition if it expires before the processing of the visa application is completed.

After the initial process is complete,which involves checking all the submitted documents, the consular officer will notify the alien fiancé (e) of a scheduled interview. If eligible, the alien fiancé(e) will be issued a visa that will be valid for 3 months (90 days), permitting one entry into the U.S.

Another important rule in the US fiance visa process is that the couple should get married within 90 days of the alien’s admission into the U.S. Once married, the alien spouse must apply to the USCIS for adjustment of status to conditional permanent residence status. After completing two years of marriage, a joint petition to Remove the Conditions on the residence must be filed using form I-751.

As far as the supporting documents are concerned, It is not necessary to send original supporting documents. Copies of the originals will suffice. Once you are married and your spouse’s adjustment of status interview takes place, you may be required to bring in your original documents for the USCIS Officer to review. If the immigration officer wants to see original documentation at the time of the interview, it is usually your original marriage/divorce certificate and/or original birth certificate.

It is impossible to determine how long the US fiance visa process would take. Each immigration office has different processing times depending on the number of applications they are processing. You can call your local USCIS office and ask for an estimated completion date. Once approved by the USCIS, the application will be sent to the American Consular Office closest to the residence of the Alien Fiancé (e).

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If you are an American citizen, you can bring your foreign spouse (husband or wife) to live in the United States through two ways. One is through the Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – Here an immigrant Petition for Alien Relative, Form I-130 is required. Non immigrant visa for spouse (K-3) is another way. In such a case, Form 1-130, Petition for Alien Relative and Form I-129 F,Petition for Alien Fiance(e) are needed.

The application for the K-3 ,non immigrant visa for spouse who married a U.S. citizen should be made and the visa issued in the country where the marriage was held. After the visa processing and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

As a lawful permanent resident (LPR), you can also bring your spouse and children to the United States. One ways is through the Immigrant visa (F2A) which is the family second preference immigrant visa for your spouse and children. And also through the Non immigrant (V) visa – for your spouse and children to travel to the United States to wait for processing of the immigrant visa.

The Petitioner would file the “Petition for Alien Relative” (Form I-130 and Biographical Data Sheet) with the USCIS. The application is processed by the USCIS and forwarded to the National Visa Center, which then forwards the application to the US Consulate in the country of residence of the alien spouse, or as indicated by the Petitioner on application form I-130. The consulate will contact the alien spouse to schedule an interview. The US consulate or embassy may request additional documentation from the alien spouse to be presented at the time of the interview. Upon approval, the consular officer will issue an entry visa for the spouse. Once the spouse has entered the USA, the spouse should file an Application for Adjustment of Status with the USCIS.

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There are quite a few ways to get a green card. You can get one through marriage. Form I-130, Petition for Alien Relative should be filed by a US citizen or US lawful permanent resident to establish the relationship to certain alien relatives who wish to immigrate to the United States.

Green card application procedure :

The I-130 process is just the first step in helping a relative immigrate to the United States. Once the application has been approved and processed, you will be notified by mail.
Individuals who want to get permanent resident status (the applicant) should file Form I-485, Application to Register Permanent Residence or Adjust Status. If the spouse/child reside abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an Approved Application or Petition, along with the principle’s Form I-485 to allow the derivatives to immigrate to the United States without delay if the principle’s Form I-485 is approved.

If you are a U.S. citizen and your spouse is at present in the United States, your spouse can file Form I-485, Application to Register Permanent Residence or to Adjust Status at the same time as you file Form I-130, Petition for Alien Relative.Application I-485 (Adjustment of Status) asks for proof that your entry to the US was legal. So provide a copy of the I-94 “Arrival and Departure Record” that was stapled to your passport at the time of the your entry into the US.

Additionally, you will need two copies of Form G-325A, Biographic Information. Here you and your spouse have to each fill out one of the Biographic Information Forms .
While bringing your relative to live permanently in the United States, you must accept the responsibility for financially supporting this family member. To do so legally, you need to complete and sign a document called an affidavit of support. Form I-864 is used in such case and primarily used as a written obligation from the US sponsor to support the alien .
When you are filing for adjustment of status to a permanent resident status, you should also submit Form I-693, Medical Examination of Aliens and that has to be completed by a designated civil surgeon. This examination establishes that you are not inadmissible to the United States on public health grounds.

You may also submit Form I-765, Application for Employment Authorization, if you want to work when your application is being processed.

While in the US as a as a green card holder or conditional resident, you may apply for a reentry permit. A reentry permit allows a permanent or conditional resident to apply for admission to the U.S. during the permit’s validity without having to get a returning resident visa from an American Consulate. A re-entry permit is not required if the trip is less than one year duration.

Two years after the adjustments of status interview, along with your spouse, you have to file a joint application form I-751 to remove Conditions. This application should be signed by both parties. Once the I-751 application is filed and approved, the conditions will be lifted and the alien spouse will become a permanent resident ( green card holder )without conditions.

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