What happens when a citizen of another country is planning on marrying a U. S. citizen?
Marriage is one of the easiest ways to gain a United States green card or citizenship. To avoid fraudulent marriages, the immigration authorities check into several factors, such as:
- If the age difference is more than 10 years
- The marriage involves different ethnicities or religious beliefs
- There were no witnesses at the marriage
- The couple has two separate addresses
- Children are involved, but they do not reside in the U. S.
- Inconsistencies exist in the documentation
In order for the marriage process to begin, the U. S. citizen must file Form I-129F, Petition for Alien Fiancé, with the United States Citizenship and Immigration Services and the foreigner will need to obtain a K-1fiancé visa. Once approved, the petition will be forwarded to a U. S. embassy or consulate in the foreigner’s home country, which will schedule an interview for a fiancé visa.
Immigration law is a complex subject. An immigration petition must be accompanied by proof that the beneficiary spouse is the legal husband or wife of the sponsor. This can be shown by a marriage certificate and proof of the termination of any previous marriages.
Now, if the spouse is already in the U. S. and is marrying a U. S. citizen, an adjustment of the status may be possible and the beneficiary may be allowed to remain until approval of the case.
If you are a United States citizen planning on marrying someone from another country, it is important to seek the help of an experienced attorney. Contact the Orange County family law offices of Amy M. Montes; we can handle your fiancé or marriage visa needs for you.
