Orlando based law firm Urban Thier Federer & Jackson, P.A. review the nuances of Immigration through marriage, k-1 visas, k-3 visas, green cards and process required to attain them.
2. The most common way many immigrants obtain Lawful Permanent Residency is through marriage to a U.S. citizen The Immigration Marriage Fraud Amendments of 1986 permit immigration officers to highly scrutinize marriage cases. They request volumes of documentation before granting marriage or fiancé(e) visas. The consequences for sham marriages are severe and range from criminal prosecution, monetary fines, and deportation, to permanent visa restrictions. An overview
3. A U.S. citizen who wishes to marry, but has a fiancé(e) outside the United States, must file a petition for the fiancé(e) in order to get a visa approved. The U.S. citizen must show documents that s/he has met and been in a relationship with the fiancé(e) during the two most recent years prior to filing. The longer the relationship, the stronger the case. Courtships developed through internet chat rooms, on line dating services catalogs are highly suspect. The Process
4. The International Marriage Broker Regulation Act makes it a mandatory requirement for U.S. citizens to disclose their criminal backgrounds to their fiancé(e)s or foreign spouses. The fiancé(e) or spouse will be asked information about the US citizen’s criminal record outside the presence of the US citizens spouse to determine if full disclosure has occurred If the alien fiancé(e) or foreign spouse is unaware that the U.S. citizen has a criminal background, the case will most likely be denied Requirements
5. If all requirements and conditions are met to the reviewing consular officer’s satisfaction, the case will most likely be approved. The fiancé(e) will receive a K-1 visa or in the case of a spouse, a K-3 visa to enter the US. Once in the US, the fiancé(e)s must marry within 90 days of the fiancé(e)’s arrival and apply for a Green Card shortly thereafter If the parties divorce before or after the application for the Green Card is filed or before it is approved, then the fiancé(e) cannot change his or her status through marriage to someone else. Outcomes
6. Although marriages seldom last a lifetime in this day and age, the US Immigration process places unique strains on the institution of marriage. The immigrant spouse is and will be dependent on the U.S. citizen spouse until s/he obtains employment authorization and a social security card. The threat of deportation is always looming, however; a properly represented applicant can achieve visa approval. Additional Notes
7. For more information please visit the Urban Their Federer & Jackson, P.A. website at www.urbanthier.com Information