How to bring a fiance(e) to the United States?
The U.S. immigration laws allow a U.S. citizen to bring his or her fiance(e) to the United States. There are several ways to do it, depending on the specific set of circumstances of the parties involved.
1) Your fiance(e) is in an overseas country.
This is probably the most common situation. A U.S. citizenship met a foreign national and they fall in love and decide to get married. But how - they are in two different countries. Well, there is a visa called the K-1 fiance(e) visa, which allows the foreign national to enter the U.S. with the sole purpose of marrying the petition. The marriage must take place within 90 days or the visa will be void and the foreign national must depart the U.S. To apply for a fiance(e) visa, the U.S. petitioner must start the process in the U.S. by filing a Form I-129F, Petition for Alien Fiance(e), along with the required documentation and proof of relationship. One of the requirements is that the parties must have met each other at least once, although it can be waived in exceptional situations. If the I-129F is approved, the case will be sent to the National Visa Center for further processing. Finally, the case will be forwarded to the overseas American consulate office nearest to the fiance(e)'s place of residence. Additional forms and documents will need to be prepared before a visa interview will be scheduled. If a fiance(e) visa is issued, your fiance(e) will then be allowed to enter the U.S. to marry you. Remember the marriage must take place within 90 days or she would have to depart the U.S. After your marriage, your fiance(e) may then apply for permanent residence status (or green card) by filing a Form I-485, Application to Register Permanent Residence or to Adjust Status.
2) Your fiance(e) is in the U.S. legally in another status.
If your fiance(e) happens to be in the U.S. in another legal status such as a foreign student or visitor, then a finance(e) visa would not be appropriate. Instead, you should marry him or her directly and apply for adjustment of status directly along with a Form I-130, Petition for Alien Relative. Documents that show financial support and that your relationship is truthful must also be filed. An interview will be scheduled for the two of you to determine the bona fides of your relationship, similar to those that you see in movies.
3) Your fiance(e) is in the U.S. illegally.
Generally speaking if your fiance(e) entered the U.S. unlawfully, he or she would not be allowed to apply for permanent residency status. If he or she entered lawfully but his or her status lapsed, then it might still be possible to apply for legal status. Either way, you should speak to a qualified immigrant lawyer immediately for an evaluation.
Warnings: The above information is only current at the time of writing and is subject to change without prior notice. Do not rely solely on it without consulting with a qualified attorney. Do not lie about the purposes of coming to the U.S. when applying for a visa. Do not file an fraudulent applications with the government or you will become ineligible to apply for immigration benefits in the future.
