One of the roads to gaining lawful permanent resident status in the U.S. is through a Fiance Visa. This process begins while your fiance is living in his or her home country and you file an I-129F petition on his or her behalf. If the petition is ultimately approved, your fiance will be granted a K-1 visa. This visa allows the fiance to enter the country for a period of 90 days, during which time you must me married.
Although it may seem to be a straightforward process, there are many requirements that must be met and the assistance of an experienced New Port Richey, Florida immigration attorney is recommended. For example, you will need to show proof that you and your fiance have met in person within two years prior to filing the application. You will also need to file an affidavit of financial support and provide proof of the “bona fide” nature of the relationship such as affidavits from friends and family, photos, etc.
Once the petition is approved, your fiance will be scheduled for an interview at the consulate in her home country and will be required to have a medical exam. If the visa is granted after the interview, he/she may travel to the U.S.
So long as you and your fiance are married within 90 days, he/she may apply for adjustment of status (I-485) to obtain lawful permanent resident status (green card). This application is filed here and your new husband/wife will be allowed to stay in the U.S. while the application is pending and be eligible to work. If approved, your new husband/wife will receive a green card as a conditional resident for two years, after which they will be eligible for permanent resident status.
It is important to remember that if your spouse wishes to travel back home in order to resolve any affairs during the pendency of the adjustment of status application, he/she must also file for an advance parole document which will allow him/her to travel. Without this document, your fiance may be denied re-entry into the U.S. and his/her petition for adjustment of status may be deemed abandoned! Please contact our New Port Richey, Florida immigration attorney today to discuss your case.