Love Is In The Air...

"Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope." Maya Angelou.

The above quote encompasses those feelings you get when you have finally found the person you want to spend the rest of your life with. For many people around the globe, especially with the internet's ability to unite people, the person they want to be with may not be a resident or citizen of their own country.

There are many hurdles to getting your loved one to the United States. The largest is getting their visa to the United States. This is where an immigration attorney can help point you in the right direction and watch out for red flags which can sabotage your case.

Whether you're looking to bring your fiancé(e) to the United States or you're already married and want to bring your spouse here will determine which steps to take.

If you're not yet married and you want to get married within 90 days of your fiancé(e) being in the United States, the fiancé visa may be for you. This requires a United States citizen to petition for their fiancé(e) with United States Citizenship and Immigration Services (USCIS). Part of the required evidence is meeting within the last two years prior to submission of the petition, or a waiver of this requirement because of extreme hardship to the U.S. citizen petitioner or a violation of strict and long-established customs of the fiancé(e)'s culture or social practice. Of course, you must also be free to marry (Polygamy is not legal in the United States). After the case is approved at USCIS, the case moves to the National Visa Center, and from there to the consulate where your fiancé(e) will apply for the visa. If the visa is granted, and your fiancé(e) enters the United States, they have 90 days to get married to you. Then, your now-spouse may apply for a green card in the United States. Unfortunately, this process is only available to U.S. citizens and not lawful permanent residents.

If you are already married, you can petition for your spouse to come to the United States. This process requires showing you are a U.S. citizen or lawful permanent resident, proving your are married, and proving that the marriage is real (or "bona fide"). After your petition is approved at USCIS, your case will move to the National Visa Center where, if a visa is available, you will be required to submit a visa application and show that you can financially support your spouse as well as provide additional civil documents for the immigrant. Once approved at this step, your case will be forwarded for an interview at the consulate. If your spouse gets their visa to enter the United States, once they enter the United States and pay a production fee, they will receive a green card.

As can be seen, each process is slightly different and has various steps. If you are considering getting married, or are already married and are considering bringing your spouse here, contact us today for a consultation to determine which program would be right for you.