The first thing a U.S. citizen must do is file the I-129F petition for their foreign fiancee. Along with the petition the U.S. citizen must submit proof that they have met their fiancee in person within two years prior to the I-129F fiancee visa petition being submitted. The state you live in determines where you file your petition with the USCIS (formerly INS). Normally, the processing time will be somewhere between one to eight months.
After you have received notification that the I-129F has been approved, you fiancee will have 4 months to acquire the K1 visa at the US consulate office in the country in which they reside. This time period may be extended if needed by the consular office.
The K1 fiancee visa allows the fiancee to travel to the United States and entry must occur within six months of the issue date. If your fiancee has children then you must also submit a K2 application. A K2 visa must occur within one year of the issue date. A person with a K2 visa may not enter the United States prior to the K1 visa holder.
When your fiancee arrives in the United States you have 90 days from the day they arrive to get married.
After your wedding, your new spouse must then apply for an Adjustment of Status, Form I-485. This application will give your husband or wife a permanent resident status once approved. They may also apply for an Employment Authorization Document (EAD), and 'advance parole'. This will allow the foreign spouse to travel outside of the United States and come back before they receive their green card.
Your spouse can wait for up to one year or even more before you both are interviewed for “Conditional' permanent resident status. This is what is commonly referred to as a Green Card. The Green card is conditional on you both remaining married for two years. After the two years, your spouse can you can apply to have the “Conditional' status removed and approximately three years later they can apply for U.S. Citizenship.
Tuesday, May 21, 2013