Marriage with a US citizen. Getting a residence permit on the basis of marriage.

Marriage with a US citizen. Getting a residence permit on the basis of marriage.

To legalize a legal marriage in the United States, it is necessary to open a non-immigrant visa of category K-1 (bride / groom visa).

Visas of category K-1 are issued to future spouses of US citizens who come to the US for the purpose of marriage. The status of category K can not be changed to any other. If the marriage is not concluded within the permitted period of stay in the US, the holder of the status of K must leave the US. Otherwise, he must be deported (expelled from the country).

This visa by itself is not immigration – on the contrary, it is considered temporary, nonimmigrant. Nevertheless, it easily passes into an immigrant visa (green card) after the arrival of the bride / groom in the United States and the corresponding re-registration. This is the main feature of the K-1 visa – in that it serves as a preliminary step to getting a green card through marriage.

There are no quantitative quotas for this visa. The submitted petition is considered in the service of immigration and naturalization for one to four months. After the petition is approved, an interview is conducted at the US Embassy in the home country of the person who is getting married, and this process of issuing a visa to enter the United States takes another one to four months.

Preliminary conditions for granting a visa.

First of all, the applicant himself for the K-1 visa must be an American citizen. Further, both parties must have a legal right to marry. In addition, future married couples not only need to have an intention to marry, but also had to meet in person at least once in the previous two years.

Thus, a category K visa will be issued if the applicant:

met with his fiance (bride) during the previous two years; marry no later than 90 days from the date of arrival in the United States; both are legally free to enter into marriage.

Applicants for a visa to K naturally should not prove the lack of immigration intentions, since marriage with a US citizen gives them the right to permanent resident status. On the contrary, they must clearly express their intention to stay in the United States for permanent residence. Unmarried children – holders of the K-1 visa are issued a K-2 visa. Children will not only be able to enter the US with their parents, but they will also be entitled to a green card, like their parent.

Information about the K-2 visa for the bride’s child (groom). The applicant’s children for K1 visa (up to 21 years and unmarried) must be declared in the petition I-129F. The presence of the child in the interview is compulsory. You can apply for a K-2 visa even after the main applicant (K-1) has married the petitioner and obtained the status of permanent resident of the United States. In this case, during the interview, along with the remaining documents, a notarized copy of the certificate of marriage of the main applicant with the petitioner must be submitted. The K-2 visa can be issued within one year from the date of issue of the K-1 visa to the main applicant. If the submitted documents comply with the requirements of the immigration law, each applicant receives a nonimmigrant visa in the passport. K-1 and K-2 visas are valid for one entry for six months. Together with visas, applicants receive visa packages for presentation to US immigration authorities.

Your rights in the US as a bride of a US citizen.

Within 90 days from the date of arrival in the US, you are required to marry / marry the person who issued the above visa for you, or leave the US. If you decide to marry / marry another person – not for someone who issued a visa for you, then you are required to apply to the US Immigration Center (BCIS). After that, you must return to your homeland and wait for a response from the above-mentioned instance. In the event that you got married / married, then within 90 days from the date of your arrival in the US, your husband / wife must complete the necessary documents and send them to BCIS. These documents will be evidence of your new status. From the “bride / groom’s status of a citizen of the United States of America”, you become a “Conditional Permanent Resident”. In a few months you will receive a notification from BCIS about the date of your interview, the purpose of which is to enable BCIS to verify the reality of your marriage. From 21 to 24 months from the moment you receive the status of Conditional Permanent Resident, you must fill out and send to BCIS a form 1-751. If by that time you are married / married, then your husband / wife must sign this document. In the event that you are divorced because you or your child was the object of ill-treatment from you, you can request permission to send this document unsigned. The purpose of filing this document is to change your status from the “Conditional Permanent Resident” to the “Permanent Resident of the United States”. Your new status can be renewed every 10 years if you have not committed acts contrary to US law. The penalty for individuals in a fictitious marriage is $ 250 and / or imprisonment for up to 5 years. If the fiction of your marriage is proven, you will be forever banned from entering the US.

Stages, terms and features of the bride’s visa.

Before applying for a marriage visa, the American bride (groom) must first file a petition for a foreign bride (groom) -form I-129F Petition for Alien Fiance (e). An American applicant and a foreign bride (groom) will need to prepare a number of forms and documents in the BCIS to prove that the applicant and the bride (groom) need a K-1 marriage visa. A correctly formulated petition will be approved by the BCIS in a period of two to six weeks.

You will also need to prepare a certain package of documents that you will send to the groom. In case of a positive decision on your case, it will be sent to the US Embassy, from which you will receive a written notification of which documents you need to deliver, and will be informed of the exact date of the interview.

Reasons for refusals may be suspicions of immigration fraud, as well as, for example, insufficient material resources of the American citizen-applicant, who must assume the bride’s content, and subsequently the wife. The American groom should submit a certificate of material security in the form of I-134, or better, in the form I-864. To this form, you must attach proof of income. Perhaps, it will also require a detailed explanation in the form of a personal affidavit, which explains the nature of the relationship between the parties, their intentions, guarantees of the parties in terms of fulfilling intentions and the level of their material well-being.

If the documents are issued correctly, and the interview was successful, the visa will be issued on the same day after the interview. The bride (groom) gets the right freely and immediately to travel to the United States.

All documents must be competently prepared and translated into English. In no event, submission of documents of “dubious” origin is not allowed. This is the main reason for refusing to issue a visa.

In addition to the correct execution of documents, to get a positive result, you need to prepare for an interview with the American consul.

If you did not find the information you need, call:

8-801 201 5555, for calls in the territory of the Republic of Belarus, from fixed telephones of mobile operators Velcom, MTC the call is free of charge +375 162 218888, for calls from abroad and through the territory of the Republic of Belarus – payment on interurban tariffs 113, free codeless calls from fixed telephones on the territory of the Republic of Belarus. It is administered by the NGO “Club of Business Women” and IPO “Gender Perspectives”