At Home or Abroad: How to Bring Your Foreign Fiancée to the US

Finding the person you want to spend your life with is one of the greatest of joys. That joy can be complicated, however, when the one you love is living abroad and does not yet qualify for US citizenship. There are options for bringing your foreign fiancée to the US, but they are complicated. An experienced Tennessee immigration lawyer can help by explaining the pros and cons of each process. A lawyer also helps you with filing requirements, forms, and gathering evidence to prove the legitimacy of your relationship.

Marry outside the US and pursue citizenship from abroad

Spouses who marry abroad and seek an immigration visa will be required, when they seek permanent residency, to complete many forms, undergo a background check, have a medical exam, and complete a visa interview. The visa interview will be held at a U.S. consulate or embassy. If the spouse passes all the requirements, and the U.S spouse can verify he/she has enough income so that the spouse won’t require public assistance, the spouse will get an immigration visa and be allowed to enter the U.S. as a permanent resident.

One factor to consider in this scenario is living arrangements. Consular processing can take anywhere from several months to several years. During that time, your spouse will not be able to reside in or visit you in the US (unless they have another type of visa that allows them to visit, such as a tourist visa). That means your options are to live apart while the visa processes, or for you to move to your spouse’s country of residence.

Pursue a K-1 fiancée visa to allow for marriage in the US

A K-1 visa allows a nonimmigrant the right to enter the U.S. for the specific purpose of getting married with the option to then seek permanent status.

• The couple must have met, face-to-face, within the past two years (some exceptions may apply).
• They must marry within 90 days of the issuance of the fiancée visa.
• Your fiancée must complete the appropriate forms to start the application.
• Your fiancée must successfully attend an interview at the appropriate U.S. embassy or consulate. The fiancée interview is typically less intense than an immigration visa.

If the above steps are completed, a fiancée (K-1) visa will be issued. After marriage, the spouse must file an application to adjust his/her status with the U.S. Citizenship and Immigration Services (USCIS), which will also include submitting to a background check and a medical exam, and attending a more rigorous interview.

Originally, the fiancée visa process was faster. Now, the speed of the green card process varies depending on many factors, including how busy the consulate or embassy is. In many cases, the spouse will receive conditional, instead of permanent, residence to ensure that the marriage lasts for at least two years. Children of foreign-born residents who are marrying U.S. citizens may also be eligible for a green card.

It’s best to speak with a skilled Knoxville immigration lawyer before you get married. At LaFevor & Slaughter, our attorneys can explain how the visa process works and then help you navigate the laws so you can enjoy your life together. To discuss your options, please call us at 865-637-6258, or complete our contact form to make an appointment.