How Do I Immigrate My Fiancee or Spouse to the US

You have someone you want to be with but they’re a citizen of another country, far away from you. How can your fiance(e) or spouse immigrate here to the US to be with you permanently?

Navigating the US immigration system is a long, complex, and often frustrating process. 

It’s important to do everything correctly the first time around. Small mistakes can lead to extra expense and longer wait times. 

Our immigration attorneys specialize in this process and will ensure that things go as quickly and smoothly as possible.  

There are two paths your significant other may be able take to immigrate to the US. Regardless of which path you choose, you and your significant other must either be married already, or be willing to get married as soon as they arrive in the US. 

Here is a brief overview of the two possible paths:

• The K1 “90-day fiancé(e)” visa allows a US citizen to bring a foreign fiance(e) to the United States for the purpose of marriage. 
• The “90-day” part of this visa’s name refers to its stipulation that you must marry your fiancé(e) within 90 days of their arrival on US soil under the K1 visa.

*The  K1 fiancé(e) visa has recently gained popularity due to the reality TV show called The 90 Day Fiancé. Because of this, processing times for this visa have become very long, sometimes exceeding 2 years.

Steps to take to secure a K1 Fiancé(e) visa for your significant other:

1. Determine your eligibility

In order to be eligible for this visa: 

• You must be a United States citizen
  • permanent residents are not eligible to file for this visa; 
• You and your fiancé(e) must both be free to legally marry
  • any previous marriages must be legally terminated by divorce or death;  
• You must have met your fiancé(e) face to face at least once within the 2-year period prior to filing for this visa
  • there are very limited exceptions to this rule  
    
    

Once you’ve determined that you and your fiance(e) are eligible for the K1 fiance(e) visa, the steps to take are as follows:

2.  File a Petition for Alien Fiancé(e)

File this petition with the United States Citizenship & Immigration Services (USCIS). 

In the petition, you will be required to provide:

• proof of your relationship with your fiancé(e)
• evidence to support all the above-mentioned eligibility requirements

3. Submit an “affidavit of support”

You, as the US citizen fiancé(e), must submit an “affidavit of support” for your future wife or husband.

• This guarantees the USCIS that your foreign spouse will not require means-tested public benefits from the US
• There are some limited exceptions to this requirement

4. Wait for your fiance(e)s interview

Your foreign fiance(e) will need to be interviewed to determine their eligibility.

• Once your petition is approved by USCIS, your case is forwarded to the National Visa Center.
• The National Visa Center works with the U.S. Embassy or Consulate in your fiancé(e)’s country to schedule an interview for your fiance(e) with a Consular Officer. 
• This officer determines whether your fiancé(e) is eligible for the K1 visa. 
• Many documents are required for this interview, which vary from country to country.  

Being issued an EAD does not guarantee that your application for a green card will be approved.

If you require an EAD, you must be sure to file the appropriate application and supporting evidence with USCIS.

Contact the experts at Alaska Immigration Law Center for guidance and to learn if you qualify for an EAD.

**This post is not legal advice. Do not assume the attorneys at Alaska Immigration Law Center are your attorneys unless you have a signed fee agreement with us. Immigration is a very broad and complex area of the law. Please consult with a competent immigration attorney regarding your specific situation.** 

Image by FreePik