Separation from loved ones is painful. It could be the main reason you want to consult a Columbus immigration attorney. You have lived with them for some time and you feel that distance will affect the relationship negatively. If you have a chance, you will like to stay with them. Or more preferably, you will like to move them with you wherever you go.
If you are moving to America, you will have to go through some process. The process is quite complex, involving you to know some information and meet some criteria. A Columbus immigration attorney will help you in moving your loved ones to America. Ordinarily, if you are calling your kids to come over, the process is complicated. When it comes to moving your fiancé, it could be more complicated.
Have you heard about K1 visas? Do you know the work of The United States Citizenship and Immigration Services (USCIS)?
What to do?
The U.S Citizenship and Immigration Services (USCIS) gives a citizen of the country and their fiancés to file for a K1 visa. According to the terms, the fiancé and the U.S citizen must meet a minimum of once between the two years of filing proceedings. When the fiancé finally arrives, the two must arrange their marriage between ninety days or else they risk the k1 visa becoming invalid. In fact, a Columbus immigration attorney will advise you to prepare for the marriage beforehand to ease the process. The USCIS loves seeing people, especially lovers, planning ahead. Secondly, you will meet the deadline of 90 days before it slips away too fast.
After marriage, the wife or husband who comes from another country using the visa will need to change her status by seeking an adjustment of status. When this is done successfully, the two will live comfortably and lawfully as American permanent residents. Perhaps the fiancé from another country has children. The young ones can seek K2 visas if they are under or older than 21.
To see things as a flow, these are the steps to follow in bringing your fiancé to the U.S.
- The sponsor in the U.S, through the USCIS, will file a form called the Form I-129F, it is known as the petition for alien fiancé. The process will start at the other country where the fiancé will have an interview with a U.S consulate.
- When visiting the U.S consulate for an interview, the fiancé must come with important documents which include examination records, a passport, police certificates, a photograph, Form DS-160, and medical exam records, any form of proof to show that the person and her U.S sponsor (fiancé) are in a relationship.
- Visa will be issued
- The fiancé will travel to the united states
- Within 90 days of arrival, they must marry legally
- Apply for resident status, travel authorization and employment
Other things to know
If the fiancé who works in the United States only has a green and doesn’t have a passport, it is another case entirely. This means the U.S sponsor is not a citizen yet and he will need to apply for that if he or she wants. With the green card, it means he is a permanent resident of the country. S/he can apply for his or her fiancé to become a permanent resident too. But the quota is a bit complicated. It will be a very long process without a Columbus immigration attorney.
Perhaps, you have finally been offered permanent residency as a fiancé of the person in the U.S, you are allowed to come in and get married. Once you are in, you will apply for a non-immigrant visa for you to be able to stay for about five years.
Also, some of the questions that will be asked during the interview at the USCIS will include financial requirements. This will come in the form of ‘can you support your spouse if s/he is given visa. S/he will be expected to show financial proof if she claims yes. This is not an attempt to make things difficult. Instead, it is an attempt to foster support between the two. The US immigration law as established in 1996, says that all people who are applying for a green card for the purpose of marriage should meet certain financial requirements. This requirement is that they should show that their income is at least 125% of the guidelines, federal poverty. To read more about this, you should see the USCIS website.
While in the U.S and waiting for a green card, you can only work if you have some documents. One of such documents is the permanent residency. Ensure you apply for work authorization when you are applying so as to fast track the process of approval.
However, if you want to work, you are married to a permanent resident in the U.S, and you aren’t qualified for the green card for the moment, you will need a non-immigrant status. Make it clear that you want work authorization.
Why you don’t need to be scared, worried or confused?
One of the items that would be required at an early stage is proof to show that the two people involved are partners and they actually know each other. When applying for the k1 visa, the consulate and the U.S consulate officer and USCIS will scrutinize the two partners. This is to verify the aim of getting married to a U.S sponsor. The same scrutiny applies after the K1 application is successful and the fiancé from another country is seeking the resident status. The U.S consulate officer and USCIS may deny approval. If this happens, you should consult a Columbus immigration attorney. The attorney is in the best position to help in many ways to make things easy for you.
For example, the Columbus immigration attorney might show you where you are making mistakes, showing you all the details of the immigration process completely. With such knowledge, a special kind of confidence will follow you when you are working into the office of U.S consulate officer or USCIS.
There a lot to learn and a lot of it might not be what you need personally. To slim down all the information you need to meet your specific questions, it is wise to talk to a Columbus immigration attorney. You will save a lot of time and make the process a lot easier.