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What is the process to bring my fiancé to the U.S.?
If you wish to get married in Texas to someone who is not a U.S. citizen, then there are some things you will have to do to ensure he or she is legally allowed in the country. This involves getting a fiancé visa or a K-1 visa. You may have seen the popular TV show about this topic where people get married within 90 days of their fiancé coming to the country. There is a very good reason that the focus is on those 90 days.
According to the U.S. Citizenship and Immigration Services, you have to get married to the person using the K-1 visa within 90 days of them entering the country. However, that is only a small part of the whole process.
Your first step in the process is to file the correct forms and get recognition from the U.S. of your relationship. You may need to provide evidence as well. Once you have an approval of your relationship status, your fiancé can then file for the visa.
A waiver of inadmissibility may help immigration efforts
Entering the United States through Texas or any other border requires all potential immigrants to undergo a serious of tests and pass specific criteria before obtaining a visa. The answers given may automatically disqualify some from continuing the process.
In certain circumstances, the person can apply for a waiver overlooking the portion of the application that the government deems inadmissible.
Inadmissible conditions
United States Code Title 8 is the section of the law which sets forth the criteria that automatically render an applicant ineligible for immigration into the country. These conditions include the following:
- Medical reasons – Contraction of or failure to immunize against infectious diseases which present a considerable risk to the population; certain mental health conditions and behaviors fall into this category
Information you must provide with a I-601A waiver application
As you help your loved one complete the application to request a provisional unlawful presence waiver in Texas, you may feel overwhelmed by the paperwork involved in completing the requirements. At the Law Office of Jae Lee, we often provide advice and assistance to people filling out these documents.
According to the U.S. Citizenship and Immigration Services, the I-601A form must include extensive information about your loved one, including the following:
- Alien registration number (if there is one)
- Family name
- Physical U.S. address
- Birth date
- Birth country
There will also be a section where your loved one will provide information about his or her immigrant visa case. This includes the basis for his or her immigration to the U.S., the KCC case number (if there is one), the receipt number from the USCIS for the approved immigrant visa petition (if there is one) and, if applicable, the NVC case number.
What is extreme hardship?
If the U.S. immigration services determine you are not eligible to come into the country, you may not be able to move here and make Texas your home. However, you may also qualify for an exemption to your inadmissibility. Do keep in mind such exceptions are not given freely. You will have to meet strict requirements. The specific waiver you may be able to get is based on the extreme hardship policy.
The U.S. Citizenship and Immigration Services admits that there is no one firm definition of what qualifies as an extreme hardship. This complicates things. However, the idea behind this waiver is to prevent cases of unusual hardship for U.S. citizens who have a family member who is not allowed entry to the U.S.
The key here is that the hardship has to be something beyond normal. So, for example, saying the hardship would be monetary only would probably not qualify as extreme because that is a very normal occurrence. You would need something that is unusual and not common. It is very normal for every single family who has a member denied entry to experience some hardship because of the denial. Extreme hardship goes further than that.
How do I renew my green card?
Being legally in the United States and in Texas gives you many perks. You are able to find employment, attend school and take advantage of other benefits. If you have a green card, it is not a lifelong pass to stay in this country. Depending on the type of card, you may have to renew it or you may need to take additional steps to ensure it remains valid.
U.S. Citizenship and Immigration Services explains that you may have a 10-year or 2-year green card. If you have a 2-year green card, you cannot renew it. You will, instead, need to petition to remove the conditions on your card. You may do this if you have a family-based reason by using Form I-751. You may also do this if you are an entrepreneur or an investor using Form I-829.
If you have a 10-year green card, then you can renew it. You will do so using Form I-90. You may file this form either online or through the mail. It is important to plan ahead. When you know your renewal time is coming up, you should start the process within six months to allow enough time to prevent a lapse.
The Provisional Unlawful Presence Waiver
Many undocumented immigrants in the United States have immediate relatives who are U.S. citizens. Through their unlawful presence in the country, these individuals may have jeopardized their ability to lawfully change their status, even though they may otherwise be eligible because of their family relationship to a citizen.
It may still be possible for immigrants to adjust their status, but they must leave the country to legally obtain an immigrant visa. Before they do so, they may file Form I-601A for a provisional waiver.
Eligibility
The U.S. Citizenship and Immigration Services explains that foreign nationals who are statutorily eligible to acquire an immigrant visa may apply to waive their inadmissibility due to their unlawful presence. The waiver is provisional, and it does not change the process of obtaining an immigrant visa. It does not take effect until the foreign national leaves the U.S., appears for the immigrant visa interview, and the Department of State consular officer deems him or her admissible to the U.S. and eligible for the immigrant visa.
How to seek a fiancé(e) visa
If you are a U.S. citizen who is planning to marry a person who does not have citizenship, you can seek a fiancé(e) visa. Also known as a K-1 visa, this type of spousal citizenship is available for both same-sex and opposite-sex couples.
If approved, your fiancé(e) can legally enter the United States and apply for a Green Card to become a permanent resident. However, you must get married within 90 days of his or her arrival.
Who is eligible for a K-1 visa?
To qualify for this program, the following must be true of both individuals:
- Legally able to marry in the United States
- Divorced or have an annulment in the case of a previous marriage
- Have met one another at least once during the two years immediately before filing the petition, unless this would have caused undue hardship or violated religious or cultural customs
How do we apply?
Start by completing and submitting Form I-129F, Petition for Alien Fiancé(e). The applicants must also include the following:
What to expect during the naturalization process
For immigrants in Texas to obtain full citizenship, they must go through the process of naturalization. Merriam-Webster’s dictionary defines naturalization as the process required to become a citizen of a country that is different than the one the person as born in. There are several different steps to become naturalized, and they are all specified by the United States Citizenship and Immigration Services.
The first step is to complete an application for naturalization. This involves obtaining two passport-style photos, collecting all the evidence and documents necessary for the application and a complete review of the interview to correct any mistakes made.
Second, there is a biometrics appointment where the person gives a signature, photo and fingerprints. It is important to show up at the right time with a permanent resident card or Form I-551, the appointment notice and some sort of secondary identification form. This can include a state identification card, passport or driver’s license. Fingerprints are sent to the FBI for a background check.
What might you expect from your immigrant medical examination?
If you want to immigrate to the United States to reunite with your family members, there are many steps to take. You will have to fill out forms, complete interviews and pay fees.
You will also likely need to complete a medical examination before your arrival in the U.S. But do you wonder about what that exam will cover and which tests the doctor will perform?
3 questions you might have about your exam
In most circumstances, a doctor will review your medical history, draw blood to test for syphilis and take an X-ray of your chest. In addition, they may examine your heart, skin, eyes, ears, nose, throat and lymph nodes.
Depending on the results of your exam, some questions might remain. These include:
- Will you have to get shots? There are certain immunizations, such as hepatitis, mumps, tetanus and measles, required for immigration purposes.
- Can you complete your medical exam in America? Visa applicants may not complete their medical examinations in the U.S. A physician approved by the embassy or consulate issuing the visa must conduct your exam.
Basic facts for Texas immigrants about the citizenship process
Many immigrants choose Texas as their new home state. Details regarding how each person came to live in the United States greatly vary. Some people entered under urgent, sudden circumstances while others filed petitions for visas before gaining legal entry. The ultimate goal for many immigrants is to successfully navigate the citizenship naturalization process.
Becoming a naturalized U.S. citizen is a legal process. A person pursuing this process must first meet all eligibility requirements. One requirement is that an applicant must be age 18 or older. He or she must also have physically resided in the United States as a legal permanent resident for at least five years before applying.
The ability to speak and understand English is a key factor toward naturalization, as well. Applicants must also be in good moral standing. As with most immigration processes, there are exceptions to certain rules. An experienced immigration law attorney can explain such details to an applicant, especially those that would have an impact on a particular case.
From our offices in Dallas and Plano, Texas, we serve clients throughout the surrounding areas including Fort Worth, Irving, Arlington, Farmers Branch, Frisco, Carrollton, Garland, Addison, Richardson, Allen, Murphy, Wylie, McKinney, Dallas County, Collin County, Denton County, and all of Northeastern Texas.
Results listed are not a guarantee or indication of future case results.
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