If your spouse or future spouse is
in the U.S., there is no need to file a fiancée petition. However she or he has
to have entered the U.S. Legally with no crimes or past visa problems. Like any
immigration petition or application it is so very important to fill the forms
out correctly and completely or you can face delay in the processing that can
take years to complete.
A spouse in certain circumstances
can still get a green card even though they did not enter the U.S. legally but
the rules are tricky and there are certain requirements that have to be met
which many people are not able to meet.
Fiancée Petitions are for your
future spouse who is not in the U.S. You can usually bring your spouse to the
U.S. from her country to get married. The law requires that you have met in
person within the last 2 years before filing but there are special situations
where this can be waived. If approved you must get married with 3 months from
the time your spouse enters the U.S.
If your spouse has children from an
earlier marriage or relationship there are certain advantages to filing a
fiancée petition rather than marrying first if the child is over 18 years old
or older.
In short, marriage is a big step and
is even more difficult when having to file immigration papers. It is important
to plan carefully on what has to be done for the next few years.
Please contact a licensed
Immigration attorney before you act on your specific situation. Immigration
Laws and Federal Regulations are constantly changing and the general
information provided can change over time.
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