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Once the fiancé visa is issued, the immigrant has six months in which to use it to enter the U.S., and then another 90 days in which to get married. If all goes well at the interview, the visa (K-1) will be issued. An interview with the applicant will be scheduled to take place at the consulate. consulate in the immigrant's home country for review. If the petition is approved it will be forwarded to the U.S. Citizenship and Immigration Services (USCIS). In order for your fiancé to get a K-1 visa, you will need to file a petition on Form I-129F with U.S. citizen to enter the United States for the purpose of getting married. for Our Wedding?Ī fiancé (K-1) visa grants permission to a non-U.S. If not, the waiting period changes to five years.) We're Not Married Yet: How Can My Fiancé Get a Visa to Come to the U.S. (This assumes that you're still married and living together when the immigrant applies. immigration authorities' belief that the marriage is not bona fide, but merely a fraud to get a green card.Īfter successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. Any immigrant can be refused entry if they're found to be inadmissible, perhaps because of a medical problem, criminal history, past immigration violations, or the U.S. This is a long process involving many forms and documents. citizen must apply for a green card (U.S. lawful permanent residence (a green card). You will need to present a government-issued certificate of your marriage as part of the immigrant's application for U.S. Hodges that no state may ban same-sex marriage. This should not be a problem within the United States, since the U.S.
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But you will still need to make sure that gay marriage is legally recognized under the local laws of wherever your wedding took place. Supreme Court overturned a piece of federal law called the Defense of Marriage Act (DOMA), same-sex marriages are treated like any other marriage for federal immigration law purposes. Can I Marry My Gay or Lesbian Partner (of the Same Sex)? The person's immigration status (legal or not) has no bearing on whether your marriage will be recognized as legal. states, for example, don't recognize a marriage between close family members or people under a certain age. Yes, you can marry anyone you like, unless it happens to violate local laws. Some of the more common questions are addressed below. In particular, you might be curious about helping your fiancé or spouse to receive a U.S. If you, as a United States citizen, decide to marry a person from another country, you probably have questions about that person's rights under the U.S.