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Frequently asked questions about fiance(e) visas
Often referred to as a fiance(e) visa,K-1 nonimmigrant visasenable U.S. citizens to bring their foreign partners to this country with the intent of marrying them in a certain time period. Understanding how fiance(e) visas work and what is expected of you and your partner during the process can make for a more efficient experience.
It also prevents your fiance(e) from encountering issues with immigration. The more information you have, the better equipped you are to navigate the immigration process successfully.
Who is eligible for a K-1 nonimmigrant visa?
What are the two types of family-based visa?
If you are in the United States and have family members in another country, then you may want to bring them here. They will have to go through the proper channels to legally immigrate here to avoid potential legal issues.
According to the U.S. Department of State, there are two types of visas you may use to bring family members into the country. To get the visa, you must sponsor the person, and you must also apply for the right type of visa.
Family preference
A family preference visa is for family members who are not closely related, such as a sibling. There is a limit on the number of these visas the government issues each year, which means even if the government approves the visa application, your family member may not get his or her visa right away. He or she may have to go on a waiting list.
How do provisional waivers work?
Immigrants who have entered the United States unlawfully in the past may worry that they have no way of returning to the country. If you came to the country in this manner, you may face a three or ten-year bar on lawful reentry. Yet, if you have relatives who have legal status in the United States, you can apply for a provisional waiver on this bar.
Understanding how waivers work
If you decide to apply for a green card, you must to do so in your home country before returning to the United States. But if you entered the country without a visa, your ability to return could end up in jeopardy. A provisional waiver will help you return to the United States during this process. You must file the waiver in the United States, though, for it to be valid.
Waiver eligibility
Your eligibility for a provisional waiver depends on several factors. One is if you have naturalized United States citizens as relatives. You can also qualify for a waiver if your relatives hold permanent legal resident status. Yet, you may be unable to receive a waiver if you remained in the country unauthorized for over one year during your past visit. If you spent between 180 days and one year in the country on multiple visits without authorization, you may not qualify for a waiver as well. And if you reentered the United States unlawfully after these visits, or have faced removal in the past, you may find yourself ineligible for a waiver.
What steps are involved when bringing your fiancé to the United States?
Fiancé(e) visas allow a person to bring their partner to the U.S. for the purpose of marrying them. You must follow certainsteps when bringing your future spouseto this country for the first time, or you may be subject to denial. Being aware of each step in the process improves the chance that the visa will be approved.
Petition for fiancé(e)
Form I-129F is used to establish a relationship between you and your partner. The form is submitted to the U.S. Citizenship and Immigration Services, who may ask you for further information about your relationship. The desire for marriage must be considered valid and not simply being pursued to gain entry to this country. If approved, the form is forwarded to the U.S. Department of State.
What exactly is a green card?
You hear a lot about the necessity of having a green card in order to legally live and work in the U.S. But what is a green card and how do you get one?
To begin with, “green card” is only a nickname for the card you need. The official name is Permanent Resident Card. Green cards got their nickname because they were, in fact, green in color from 1946 until 1964.
Green card eligibility and process
The U.S. Citizenship and Immigration Services explains thatmany different typesof green cards exist. Which one you should apply for depends on your particular situation. All require that you file both an immigrant petition and a green card application form. Most immigrants require a sponsor to file their immigrant petition for them, but you may be able to file it yourself depending on your precise circumstances.
Visa applications may require disclosing social media accounts
Changes to the process of obtaining a U.S. visa require certain applicants to list their social media accounts. Individuals seeking to obtain a visa may need to provide their online user names or profile handles when requested.
U.S. border control officials have the authority to review any information posted online to vet visa applicants, who currently number about 15 million individuals each year. Applicants requesting to visit the U.S. will need to comply with the social media review requests.
Social media contents may affect application approvals
The majority of social media users post personal information and pictures of themselves, their vacations and their families. They may also post opinions and criticisms. As reported by CNN, an official authorized by the Department of Homeland Security may review online content and photographs. The intent is to determine whether an individual poses a risk. If content posted online suggests that U.S. security faces a threat, an individual’s application may not result in an approval.
Detailing family immigration quotas
The process of lawfully immigrating to the Unites States can be quite complex, and as many people in Plano know, is not a privilege immediately afforded to everyone. At the same time, countless people are legally granted residency in the U.S. every year (indeed,the Department of Homeland Securityreports that 1,031,000 people were granted lawful permanent residency status in 2019 alone). A large number of these people are folks hoping to be reunited with their families. Yet all immigration opportunities cannot be reserved for family reunification. As such, family immigration quotas have been established to govern the number of visas allotted to those looking to meet up with loved ones already in the U.S.
Can a trip affect your permanent residency?
As a permanent resident in Texas, you have certain rights and responsibilities. In addition, you have an obligation to retain your residency. When you receive a green card, this does not mean that you cannot lose your permanent residency. In fact, many people have to be careful when it comes to travel outside of the United States. The U.S. Citizenship and Immigration Services explains that you arefree to travelto other countries. The length of your trip, however, could affect your permanent resident status. It is crucial to know what affects residency before you plan your trip.
It is possible to abandon your permanent residency. This happens if an officer determines that you did not plan to make the U.S. your permanent home. Generally, you do not have to worry about brief trips. Officers look at your records. They look to see if you paid your income taxes, if you have family and community ties or retained U.S. employment. In trips that are under a year in length, it has to be clear that you plan to return.
How can you help a loved one prepare for the naturalization test?
If you have a family member preparing to take the naturalization test, it is both an exciting and nerve-racking time. The test involves more than questions about your family member’s background and application data. The English and civics test are intimidating for a lot of people who must take it. Fortunately, with the right preparation, your family member will do fine. How can you help? With the help of a study guide from the USCIS, you can help your loved one.
The civics section of the test involves 10 questions. There is a pool of 100 questions that the 10 questions draw from and you must answer at least six of these questions correctly. If you are helping a family member prepare, it helps to access all 100 possible questions. Give your loved one ample time and go over each question and answer. This way that there are no surprises on this portion of the test.
Can a parent with a fiance(e) visa bring children to the US?
Blended families often have unique circumstances when it comes to the law. If you are considering an engagement with a U.S. citizen, you may have concerns about how moving to the United States to be with your future spouse will affect your children.
According to the U.S. Department of State—Bureau of Consular Affairs, options are available tobring your children with youor have them follow you after your move to America. However, a child does not qualify for the following options if he or she is married.
K-2 visa paperwork
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