A green card holder, or a lawful permanent resident, has the unique opportunity to petition their fiancé for a green card as well. This process, known as the fiancé visa or K-1 visa, allows the couple to legally enter the United States and eventually get married. The green card holder plays a crucial role in bringing their beloved fiancé to live with them in the country.
By petitioning their fiancé, the green card holder is able to initiate the process of obtaining a visa for their loved one. This process involves completing the necessary paperwork, supporting documentation, and meeting specific requirements set by the U.S. Citizenship and Immigration Services (USCIS).
Once the petition is approved, the fiancé is eligible to apply for the K-1 visa, which allows them to enter the United States for the purpose of getting married within 90 days of their arrival. This visa serves as a stepping stone towards obtaining a green card and eventually becoming a permanent resident of the United States.
Green Card Holders
A Green Card holder, also known as a Lawful Permanent Resident (LPR), is someone who has been granted authorization to live and work permanently in the United States. Green Card holders enjoy many rights and benefits, including the ability to petition for certain family members to join them in the country.
If you are a Green Card holder and have a fiance who is not a U.S. citizen or Green Card holder, you may be able to petition for them to come to the United States. This process is known as the fiance visa or K-1 visa. It allows your fiance to enter the U.S. to marry you within 90 days of their arrival.
To petition for your fiance, you will need to file Form I-129F, Petition for Alien Fiance, with U.S. Citizenship and Immigration Services (USCIS). As the Green Card holder, you will need to prove your status by submitting a copy of your Green Card. You will also need to provide evidence of your relationship with your fiance, such as photos together, communication records, and any other documentation that demonstrates your genuine and ongoing relationship.
Once your petition is approved, your fiance will need to attend an interview at a U.S. embassy or consulate in their home country. If approved, they will receive a K-1 visa, allowing them to enter the United States. After they enter the country, you will have 90 days to get married. Once married, your fiance can apply for a Green Card and become a permanent resident themselves.
It is important to note that as the Green Card holder, you are the petitioner and sponsor for your fiance. This means you will need to meet certain income requirements to demonstrate that you can financially support your fiance and prevent them from becoming a burden on the U.S. government.
Overall, as a Green Card holder, you have the ability to petition for your fiance and bring them to the United States. This process can be complex, so it is important to carefully follow all the necessary steps and requirements outlined by USCIS.
Petitioning a Fiance
A green card holder can petition their fiance to come and live with them in the United States. This process allows the green card holder to bring their future spouse to the country to get married and establish their lives together.
In order to petition a fiance, the green card holder must first file Form I-129F, Petition for Alien Fiance, with the United States Citizenship and Immigration Services (USCIS). This form requires detailed information about both the green card holder and their fiance, including their names, addresses, and immigration statuses.
Once the petition is approved by USCIS, it is sent to the National Visa Center (NVC) for processing. The NVC will then forward the petition to the appropriate U.S. embassy or consulate in the fiance’s home country. The fiance will need to attend an interview at the embassy or consulate and provide supporting documents, such as a valid passport, birth certificate, and medical examination results.
If the visa is approved, the fiance can then travel to the United States and marry the green card holder within 90 days of their arrival. After getting married, the fiance can apply for adjustment of status to become a permanent resident of the United States.
It’s important to note that the green card holder must meet certain eligibility requirements to petition a fiance, including being in a valid and bona fide relationship. Both the green card holder and the fiance may also need to provide evidence of their financial ability to support each other and any dependents.
Petitioning a fiance can be a complex process, and it is recommended to consult with an immigration attorney or seek professional assistance to ensure that all necessary documents and requirements are met.
Eligibility Requirements
In order for a green card holder to petition for their fiance, both the green card holder and the fiance must meet certain eligibility requirements. These requirements include:
| Requirement | Description |
|---|---|
| Green Card Holder | The petitioner must be a lawful permanent resident of the United States, holding a valid green card. |
| Fiance | The beneficiary must be the fiance of the green card holder, meaning they plan to get married within 90 days of the beneficiary entering the United States. |
| Ability to Marry | Both the petitioner and the beneficiary must be legally able to marry, meaning they meet all legal requirements to enter into a marriage. |
| Intent to Marry | Both the petitioner and the beneficiary must have a genuine intent to marry each other and establish a life together as a married couple. |
| Financial Support | The petitioner must be able to demonstrate that they have enough financial resources to support their fiance and prevent them from becoming a public charge. |
| Good Moral Character | Both the petitioner and the beneficiary must have good moral character, meaning they have not engaged in certain criminal activities or have any disqualifying factors. |
It is important to note that meeting these eligibility requirements is just the first step in the process of petitioning for a fiance. Additional documentation, forms, and fees will also be required. It is recommended to consult with an immigration attorney or an authorized immigration service provider for assistance with the entire process.
Financial Requirements
In order to petition for a fiancé as a green card holder, there are certain financial requirements that must be met. These requirements are in place to ensure that the sponsoring green card holder is financially capable of supporting their fiancé.
One of the main financial requirements is that the green card holder must meet the minimum income threshold. This threshold is set by the U.S. Citizenship and Immigration Services (USCIS) and is based on the Federal Poverty Guidelines. The green card holder must demonstrate that their income is at least 125% of the poverty level for their household size, including themselves, their dependents, and the fiancé they are petitioning for.
In addition to meeting the income requirement, the green card holder may also need to provide evidence of their financial stability. This can include bank statements, pay stubs, and tax returns. The USCIS wants to ensure that the green card holder has a consistent and reliable source of income.
It is important to note that if the green card holder does not meet the financial requirements on their own, they may need to find a joint sponsor. A joint sponsor is someone who is willing to take financial responsibility for the fiancé in case the green card holder is unable to fulfill their obligations. The joint sponsor must also meet the income requirement and provide the necessary documentation.
Meeting the financial requirements is a crucial step in the process of petitioning for a fiancé as a green card holder. It is important to carefully review the requirements and gather all the necessary documentation to ensure a smooth and successful petition.
Processing Time
The processing time for a green card holder to petition their fiance may vary depending on several factors. Here are some important things to consider:
- The current workload at the United States Citizenship and Immigration Services (USCIS) plays a major role in determining the processing time.
- The type of petition being filed also affects the processing time. In this case, a Form I-129F, Petition for Alien Fiancé(e), needs to be completed and submitted.
- The USCIS publishes average processing times on their website, which can give you an estimate of how long the process may take.
- It is important to note that processing times are subject to change and can vary between different USCIS service centers.
- In some cases, the USCIS may also request additional evidence or documentation, which can further extend the processing time.
- Delays may also occur if there are any issues with the submitted petition, such as missing information or errors.
- It is advisable to monitor the USCIS website for any updates on processing times and to stay in contact with an immigration attorney for guidance throughout the process.
By being aware of these factors and staying informed, green card holders can better understand the potential processing time for petitioning their fiance.
Required Documents
In order for a green card holder to petition their fiancé, they will need to gather a specific set of documents to support their application.
Proof of Green Card Holder Status
The green card holder will need to provide evidence of their lawful permanent resident status. This can include a copy of their green card, a passport, or other documentation that establishes their status.
Proof of Relationship
The green card holder and their fiancé will need to provide evidence of their relationship. This can include photographs together, shared financial documents, letters of support from family and friends, or any other documentation that demonstrates their commitment to each other.
Proof of Intent to Marry
The couple will need to prove that they intend to get married within 90 days of the fiancé’s entry into the United States. This can be done by providing a signed statement of intent to marry, wedding invitations, or other documents that show their plans for a future marriage.
Proof of Financial Support
The green card holder will need to show that they have the financial means to support their fiancé. This can include tax returns, bank statements, or employment letters that demonstrate their income and ability to financially support their partner.
Other Supporting Documents
In addition to the above documents, there may be other supporting documents that are required based on the individual circumstances of the petitioner and the fiancé. It is important to consult the U.S. Citizenship and Immigration Services (USCIS) for a comprehensive list of required documents.
Form I-130
The Form I-130, also known as the Petition for Alien Relative, is a form that is used by a green card holder to petition for their fiancé to obtain a green card.
As a green card holder, you can file Form I-130 for your fiancé to receive a green card and become a permanent resident of the United States. This form is essential in the process of bringing your fiancé to the country and eventually getting married.
When filing Form I-130, you will need to provide information about both yourself and your fiancé. This includes personal details, such as names, dates of birth, and addresses, as well as evidence of your relationship, such as photographs, letters, or other documentation that proves your relationship is genuine.
It is important to fill out Form I-130 accurately and completely to avoid any delays or complications in the process. Once the form is submitted, it will be reviewed by the U.S. Citizenship and Immigration Services (USCIS), who will assess whether you meet the requirements to petition for your fiancé.
After the USCIS approves your Form I-130, your fiancé will be eligible to apply for a green card. The process will then continue with additional forms and steps, including the adjustment of status or consular processing, depending on the fiancé’s location.
Overall, Form I-130 is a vital form for green card holders who wish to bring their fiancé to the United States and eventually help them obtain a green card. It is crucial to gather all necessary documents and carefully fill out the form to ensure a smooth and successful petition process.
| Form | Used by | Purpose |
|---|---|---|
| Form I-130 | Green card holder | To petition for alien relative (fiancé) to obtain a green card |
Form I-129F
The Form I-129F, Petition for Alien Fiancé(e), is a document that allows a green card holder to petition for their foreign fiancé to come to the United States. This form is filed with the United States Citizenship and Immigration Services (USCIS) and is an important step in the process of bringing a fiancé to the United States.
Purpose of the Form I-129F
The main purpose of the Form I-129F is to establish the relationship between the green card holder and their fiancé and to prove that the relationship is genuine. It allows the USCIS to confirm that the green card holder and their fiancé are eligible to apply for a fiancé visa.
Required Information and Documentation
When filing the Form I-129F, it is crucial to provide accurate and complete information about both the green card holder and their fiancé. The form requires details such as names, addresses, citizenship, and information about previous marriages, if applicable.
In addition to the form itself, supporting documentation must be submitted. This may include evidence of the green card holder’s status, such as a copy of their green card, as well as evidence of the relationship, such as photographs together, letters showing ongoing communication, and proof of meetings in person.
| Document | Explanation |
|---|---|
| Copy of green card | Proof of the green card holder’s immigration status |
| Photographs | Evidence of the couple’s relationship and time spent together |
| Letters | Proof of ongoing communication |
| Proof of meetings | Documentation of in-person meetings |
It’s important to carefully follow the instructions provided by the USCIS to ensure that all necessary information and documentation is included in the petition. Any missing or incomplete information may result in delays or denial of the petition.
Once the Form I-129F is approved by the USCIS, the fiancé can proceed with obtaining a K-1 visa, which allows them to enter the United States for the purpose of marrying their green card holder fiancé. The process from filing the petition to obtaining the visa can take several months, so it is important to start the process as early as possible.
Overall, the Form I-129F is a crucial component in the process of bringing a fiancé to the United States. It is important for green card holders to carefully complete and submit this form along with the necessary documentation to ensure a smooth and successful immigration process for their fiancé.
Proof of Relationship
When a green card holder wants to petition their fiance, they must provide proof of their relationship to establish its legitimacy. This proof helps the United States Citizenship and Immigration Services (USCIS) determine the authenticity of the relationship and ensure that the petition is not fraudulent.
There are several types of evidence that can be submitted to prove the relationship:
1. Documents:
Official documents such as marriage certificates, birth certificates of children, joint bank statements, joint leases or mortgages, and insurance policies can serve as evidence of a bona fide relationship.
2. Communications:
Communications between the petitioner and the fiance, including emails, letters, text messages, and call logs, can demonstrate the ongoing nature of the relationship.
3. Photographs:
Photographs taken together at various stages of the relationship, including vacations, family gatherings, and special occasions, can attest to the couple’s shared experiences and commitment.
4. Affidavits:
Affidavits from friends, family members, and acquaintances who have personal knowledge of the relationship can provide additional support. These affidavits should include details about how the relationship developed and the affiant’s observations of the couple.
It is essential to submit a combination of these types of evidence to strengthen the case and convince USCIS of the authenticity of the relationship. The more evidence that can be provided, the stronger the case will be. It is also crucial to ensure that all documents and communications are translated into English if they are not in English originally.
Medical Examination
As part of the process for a green card holder to petition their fiance, a medical examination is required. This examination is conducted to ensure that the fiance is in good health and does not pose a risk to public health in the United States.
The medical examination must be performed by a designated civil surgeon, who is authorized by the U.S. Citizenship and Immigration Services (USCIS). The civil surgeon will evaluate the fiance’s medical history, conduct a physical examination, and administer any necessary vaccinations.
The purpose of the medical examination is to screen for certain medical conditions or communicable diseases. The list of required tests and vaccinations may vary depending on the age and country of origin of the fiance. However, common tests include a tuberculosis test, syphilis test, and blood tests to check for HIV and other communicable diseases.
If any medical condition or disease is identified during the examination, the green card holder and their fiance may be required to provide additional documentation or medical treatment before the green card application can proceed.
Once the medical examination is completed, the civil surgeon will provide the green card holder and their fiance with a completed Form I-693, which must be submitted as part of the green card application package. This form serves as evidence that the medical examination has been conducted and the fiance does not pose a health risk to the U.S. population.
| Required Medical Tests | Required Vaccinations |
|---|---|
| Tuberculosis test | Varicella (chickenpox) |
| Syphilis test | Influenza |
| Blood tests (HIV, etc.) | Hepatitis A and B |
| MMR (measles, mumps, rubella) |
Application Fee
When a green card holder wants to petition for a fiance, there is an application fee that needs to be paid. This fee is required by the United States Citizenship and Immigration Services (USCIS) and must be submitted along with the petition.
The current application fee for petitioning a fiance is $535. This fee is subject to change, so it is important to check the USCIS website for the most up-to-date information. It is crucial to pay the correct fee amount to avoid any delays or issues with the petition.
Payment Methods
There are a few different ways to pay the application fee. The USCIS allows payment by check or money order, made payable to the “U.S. Department of Homeland Security.” The payment must be in U.S. currency drawn from a U.S. bank.
In addition to check or money order, the USCIS also accepts payment by credit card using Form G-1450, Authorization for Credit Card Transactions. This form must be completed and submitted with the petition.
Fee Waiver
In certain circumstances, the petitioner may be eligible for a fee waiver. A fee waiver can be requested if the petitioner can demonstrate that they are unable to pay the fee due to financial hardship. The USCIS will review the fee waiver request and make a decision based on the petitioner’s individual circumstances.
| Payment Method | Accepted Forms |
|---|---|
| Check or Money Order | Payable to “U.S. Department of Homeland Security” |
| Credit Card | Form G-1450, Authorization for Credit Card Transactions |
It is important to note that the application fee is non-refundable, regardless of whether the petition is approved or denied. Therefore, it is crucial to ensure all information and supporting documents are accurate and complete before submitting the petition.
Biometrics Appointment
As a green card holder, you have the ability to petition your fiancé to come to the United States. However, before the petition can be approved, both you and your fiancé will need to complete a biometrics appointment.
A biometrics appointment is a scheduled meeting where you and your fiancé will provide fingerprints, photographs, and your signature for background checks. This appointment is a crucial step in the immigration process and is necessary to ensure the security of the United States.
What to Expect
During the biometrics appointment, you and your fiancé will be asked to provide your fingerprints. This process is done electronically and involves scanning your fingers on a special machine. Additionally, you will have your photograph taken, which will be used for identification purposes.
It is important to arrive on time for your appointment and bring all required documentation, including your appointment notice and identification. Failure to attend the appointment or provide the necessary documents may result in delays or even denial of your petition.
After the Appointment
Once your biometrics have been taken, the U.S. Citizenship and Immigration Services (USCIS) will review the information and conduct background checks on your fiancé. This process typically takes several weeks or months, depending on the workload of the USCIS.
After the background checks are complete, you will receive notification of the decision on your petition. If approved, your fiancé will be one step closer to receiving their green card and being able to join you in the United States.
Overall, the biometrics appointment is an important part of the process for a green card holder to petition their fiancé. It ensures the integrity of the immigration system and allows the USCIS to make an informed decision on your case. By following the instructions and attending your appointment, you are one step closer to being reunited with your loved one.
Notice of Action
A “Notice of Action” is a document that is issued to individuals who have filed a petition on behalf of their fiance for a green card. This notice serves as an official acknowledgment from the United States Citizenship and Immigration Services (USCIS) that the petition has been received and is being processed.
What is a petition?
A petition is a formal request submitted by a green card holder to the USCIS, seeking permission to bring their fiance to the United States and to marry them within 90 days of their arrival. The petition demonstrates that the green card holder and their fiance have a genuine and bona fide relationship, and that they intend to get married and establish a life together in the United States.
How does the Notice of Action work?
Once the petition is filed, the USCIS will review the application and supporting documents to verify that all the necessary requirements have been met. If everything is in order, the USCIS will issue a Notice of Action to the petitioner. This document provides important information, such as the receipt number assigned to the petition, which can be used to track the status of the application.
The Notice of Action also serves as proof that the green card holder has filed a petition on behalf of their fiance for a green card. This document can be presented to immigration officials as evidence that the green card holder is in the process of bringing their fiance to the United States legally.
It is important to note that receiving a Notice of Action does not guarantee approval of the petition. Additional steps and requirements must be fulfilled, such as attending an interview and providing further evidence of the relationship.
In conclusion, a Notice of Action is an important document in the process of petitioning a fiance for a green card. It serves as acknowledgment that the petition has been received and is being processed by the USCIS. It is crucial for the petitioner and their fiance to adhere to all the necessary steps and requirements to ensure a successful outcome.
Visa Interview
As a green card holder, if you want to petition your fiance for a visa, both of you will need to attend a visa interview at the U.S. embassy or consulate. This interview is an important step in the visa application process and is conducted to determine the eligibility of your fiance.
During the visa interview, the consular officer will ask your fiance questions regarding their background, relationship with you, and intentions to enter the United States. It is important for your fiance to answer truthfully and confidently during the interview.
The consular officer will also review the documents submitted as part of the petition, including evidence of the genuine and bona fide nature of your relationship. It is advisable to bring additional supporting documents to the interview, such as photographs, emails, or other evidence of your relationship to strengthen your case.
The visa interview is an opportunity for your fiance to prove their eligibility for a visa and their intention to enter the United States in good faith. It is essential to be well-prepared for the interview and to demonstrate a genuine and committed relationship.
It is important to note that the visa interview is conducted in English, so your fiance should be prepared to communicate effectively in the language. If necessary, they may bring an interpreter, but it is recommended to communicate directly with the consular officer whenever possible.
Overall, the visa interview is a crucial step in the process of petitioning for a visa for your fiance as a green card holder. By being well-prepared, honest, and providing sufficient evidence of your genuine relationship, you can increase the chances of a successful outcome.
Waivers
When a green card holder wishes to petition their fiance, there are certain circumstances where a waiver may be necessary. A waiver is a request to the U.S. government to overlook or forgive certain grounds of inadmissibility that may prevent the beneficiary from obtaining a visa or green card.
There are various types of waivers available, depending on the specific situation. One common waiver is the “Waiver of Inadmissibility” which is typically used when the beneficiary has a criminal record or prior immigration violations.
Waiver of Inadmissibility
The Waiver of Inadmissibility is a common waiver that can be filed by a green card holder on behalf of their fiance. This waiver is typically submitted if the beneficiary has a prior criminal conviction or has violated U.S. immigration laws in the past.
To be eligible for a Waiver of Inadmissibility, the beneficiary must demonstrate that their entrance into the United States would not pose a threat to public safety or national security. They must also show that their entry is in the best interest of the United States.
It is important to note that not all grounds of inadmissibility can be waived. Each case is unique and will be evaluated individually by immigration authorities.
Consular Processing and Waivers
If the green card holder wishes to marry their fiance abroad and then apply for a green card for them, they will need to go through a process called consular processing. During consular processing, the beneficiary will be interviewed at a U.S. embassy or consulate in their home country.
If the beneficiary is found to be inadmissible during the consular processing interview, they can still apply for a waiver. The waiver application will need to be submitted to the U.S. embassy or consulate, along with any required supporting documents.
It is important to consult with an immigration attorney to determine the best course of action and to ensure that all necessary waivers and documents are submitted correctly.
Conclusion
While a green card holder can petition their fiance, there may be situations where a waiver is required. Waivers can help overcome certain grounds of inadmissibility that may prevent the beneficiary from obtaining a visa or green card. It is important to understand the specific circumstances and consult with an immigration attorney for guidance.
Conditional Green Card
A green card holder who wishes to petition their fiancé must be aware of the conditions that may be attached to their green card. The United States Citizenship and Immigration Services (USCIS) may grant a conditional green card to a foreign national who is married to a U.S. citizen or a green card holder.
The conditional green card is valid for two years and it is issued to ensure that the marriage is legitimate and not entered into solely for immigration purposes. During the two-year period, the couple must prove that they have a bona fide marital relationship.
To remove the conditions on the green card, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the conditional green card expires. Along with the form, they must submit evidence of their ongoing marital relationship, such as joint bank accounts, property ownership, and photographs together.
If the couple fails to file the petition on time or fails to provide sufficient evidence of their marriage, the conditional green card may be terminated and the foreign national could face deportation proceedings.
It is important for the green card holder and their fiancé to understand the requirements and obligations that come with a conditional green card. Seeking legal advice and guidance from an immigration attorney can help ensure a smooth and successful process.
Adjustment of Status
Green card holder can petition their fiance for adjustment of status to become a permanent resident of the United States.
The adjustment of status process allows a green card holder to sponsor their fiance for a green card, enabling them to live and work in the United States legally.
To begin the process, the green card holder must file Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS).
Once the petition is approved, the fiance must complete Form I-485, Application to Register Permanent Residence or Adjust Status.
In addition to Form I-485, other required forms and documents include:
- Form I-765, Application for Employment Authorization
- Form I-131, Application for Travel Document
- Form I-944, Declaration of Self-Sufficiency
- Form I-864, Affidavit of Support
The applicant should also prepare supporting evidence, such as a copy of the green card holder’s passport and proof of their relationship.
Once all the required forms and documents are filed with the USCIS, the applicant will be scheduled for an interview.
If the interview goes well and all the requirements are met, the fiancé will be granted a green card and become a permanent resident of the United States.
It is important to note that the adjustment of status process can take several months to complete, and there may be additional steps and requirements depending on the specific circumstances of the case.
It is recommended to consult with an immigration attorney or seek guidance from the USCIS website for the most up-to-date and accurate information on the adjustment of status process.
Consular Processing
If you are a green card holder and you want to bring your foreign fiance to the United States, you will need to go through a process called consular processing. This is the process of applying for an immigrant visa for your fiance at a U.S. embassy or consulate in their home country.
To start the consular processing, you will need to file a petition for your fiance with the United States Citizenship and Immigration Services (USCIS). This petition establishes the relationship between you and your fiance and proves that you are eligible to sponsor them for a green card.
Once the petition is approved, it will be forwarded to the National Visa Center (NVC) which will process the application and collect the necessary documents and fees. The NVC will then schedule an interview for your fiance at the U.S. embassy or consulate in their home country.
Documents required for the consular processing:
| 1. Valid passport for the fiance |
| 2. Birth certificate of the fiance |
| 3. Police clearance certificate |
| 4. Medical examination report |
| 5. Evidence of financial support |
During the interview, your fiance will be asked questions to determine their eligibility for an immigrant visa. The consular officer will also review the documents submitted and may request additional information or documents if needed.
If the consular officer is satisfied with the documentation and the interview goes well, your fiance will be granted an immigrant visa. They can then travel to the United States and upon entry, they will become a permanent resident as a fiance of a green card holder.
It is important to note that the process of consular processing may take several months, so it is advisable to start the process as early as possible. Additionally, it is recommended to consult with an immigration attorney to ensure that all the required documents and procedures are followed correctly.
Visa Bulletin
A green card holder who wants to petition their fiancé may need to reference the Visa Bulletin. The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides important information regarding visa availability.
The Visa Bulletin categorizes countries into different chargeability areas and provides priority dates for each category. These priority dates determine when an immigrant visa can be issued to a green card holder’s fiancé.
Depending on the category and chargeability area, there may be a waiting period before a visa becomes available. The Visa Bulletin helps green card holders stay informed about visa availability so they can plan their petition accordingly.
It is important to regularly check the Visa Bulletin to stay updated on any changes to priority dates. This will ensure that the green card holder can accurately file their petition for their fiancé when the visa becomes available.
The Visa Bulletin is a crucial resource for green card holders who wish to petition their fiancé. By staying informed about visa availability and priority dates, the green card holder can navigate the process of bringing their fiancé to the United States as smoothly as possible.
Travel Restrictions
As a green card holder, you have the ability to travel internationally. However, it is important to be aware of the travel restrictions that may apply to you and your fiance.
COVID-19 Travel Restrictions
Due to the ongoing COVID-19 pandemic, many countries have implemented travel restrictions and entry requirements. It is crucial to stay updated with the latest travel advisories and guidelines provided by the government authorities of both your home country and the country you plan to visit. These restrictions may include mandatory quarantine periods, COVID-19 testing requirements, and travel bans.
Legal Restrictions
Aside from the current pandemic-related travel restrictions, there may also be legal limitations on travel for green card holders and their fiances. It is important to consult with an immigration attorney to ensure compliance with all relevant laws and regulations.
Furthermore, it is important to note that the green card holder’s fiance may need to obtain the appropriate visa or travel document in order to enter the United States or any other country. Depending on their nationality and the purpose of their visit, they may need to apply for a tourist visa, fiance visa, or other relevant travel documents.
It is recommended to start the visa application process well in advance of any planned travel to allow for sufficient processing time.
Disclaimer: This article provides general information and should not be construed as legal advice. Please consult with an immigration attorney for personalized guidance regarding your specific situation.
Work Authorization
As a green card holder, you have the right to live and work permanently in the United States. However, if you are engaged to a foreign national and wish to bring them to the U.S., you will need to petition for them.
Once you are a green card holder, you can petition for your fiancé to obtain a green card as well. This will allow them to live and work in the U.S. legally. However, it’s important to note that the process can be complex and time-consuming.
In order to begin the petition process, you will need to file Form I-129F, Petition for Alien Fiancé. This form must be submitted to U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation and the required fees.
After the petition is approved, your fiancé will need to apply for a K-1 visa at a U.S. consulate or embassy in their home country. Once the visa is issued, they can come to the U.S. and you must marry within 90 days. After getting married, your fiancé can then apply for a green card and work authorization.
It’s important to consult with an immigration attorney to ensure that you understand the process and meet all the requirements. They can guide you through the petition process and help you navigate any challenges that may arise.
Visa Denial
As a green card holder, you have the ability to petition for certain family members to join you in the United States. However, it is important to note that even if you are a green card holder, there is still a possibility of your fiancé’s visa being denied.
There are several reasons why a visa may be denied. It could be due to a lack of supporting documentation, an incomplete application, or a failure to meet the eligibility requirements. It is crucial to carefully review the visa application requirements and ensure that all necessary documents are included.
Common reasons for visa denial include:
- Ineligibility: Your fiancé may not meet the specific eligibility requirements for the visa category you are petitioning under. This could be due to factors such as a criminal record, a communicable disease, or a previous visa violation.
- Insufficient Supporting Documents: If the necessary supporting documents are not provided or if they do not meet the requirements, the visa may be denied. It is important to provide clear and accurate documentation to demonstrate the authenticity of your relationship.
- Failure to Establish Intent: Your fiancé may have difficulty convincing the consular officer that they have a legitimate intention to enter the United States temporarily for the purpose of marrying you and then return to their home country. It is important to provide evidence of strong ties to their home country, such as a stable job, property ownership, or close family connections.
If your fiancé’s visa is denied, it is crucial to consult with an immigration attorney to understand the reasons for the denial and explore any potential options for appeal or reapplication.
Visa Approval
As a green card holder, you have the ability to petition for your fiance to obtain a visa. This process involves submitting a petition to the United States Citizenship and Immigration Services (USCIS) on behalf of your fiance.
Eligibility Criteria
In order to petition for your fiance, certain eligibility criteria must be met. You must be a green card holder and have a valid and existing relationship with your fiance, intending to marry within 90 days of your fiance’s entry into the United States. Additionally, both you and your fiance must be legally eligible to marry.
The Petition Process
The petition process starts with filing Form I-129F, Petition for Alien Fiance, with the USCIS. Along with the form, you need to submit supporting documents to prove the validity of your relationship and your eligibility to financially support your fiance. These documents may include photographs, letters, joint bank account statements, and more.
Once your petition is approved, it will be forwarded to the National Visa Center (NVC) for further processing. The NVC will assign a case number and instruct your fiance on the next steps to apply for a visa at the U.S. Embassy or Consulate in their home country.
Interview and Approval
Your fiance will be required to attend an interview at the U.S. Embassy or Consulate. During the interview, they will be asked questions about their relationship with you and their intentions to enter the United States. The consular officer will also review the supporting documents submitted with the petition.
If the visa is approved, your fiance will receive their visa packet, allowing them to travel to the United States and marry you within the designated time frame. It is important to note that the visa does not guarantee entry to the United States, as the final decision lies with the Customs and Border Protection (CBP) officer at the port of entry.
| Pros of Petitioning | Cons of Petitioning |
|---|---|
| 1. Can bring your fiance to the United States legally. | 1. The petitioning process can take several months. |
| 2. Gives your fiance the opportunity to obtain lawful permanent residency. | 2. Your fiance may be subject to a lengthy background check. |
| 3. Allows you to start your married life together in the United States. | 3. There is no guarantee that the visa will be approved. |
Visa Processing Fees
When a green card holder wishes to petition their fiance for a visa, there are several fees involved in the visa processing. These fees must be paid to the appropriate government agencies in order to initiate and complete the visa application process.
The specific fees that a green card holder needs to pay may vary depending on the type of visa being applied for and the country of nationality of the fiance. However, the following are some common visa processing fees:
- Visa application fee: This fee is paid to the U.S. Department of State and covers the cost of processing the visa application. The amount may vary depending on the type of visa and can be found on the Department of State’s website.
- Immigrant fee: This fee is paid to U.S. Citizenship and Immigration Services (USCIS) and covers the cost of processing the green card. It is typically required for the fiance to pay this fee before they can receive their green card.
- Medical examination fee: Before a visa can be issued, the fiance may be required to undergo a medical examination. The cost of this examination is the responsibility of the applicant and may vary depending on the location and healthcare provider.
- Biometric services fee: In some cases, the fiance may need to provide biometric information such as fingerprints as part of the visa application process. This fee covers the cost of collecting and processing this information.
It is important for the green card holder to be aware of these fees and budget accordingly. Failure to pay the required fees can result in delays or even denial of the visa application. It is also advisable to check the current fee structure and any updates on the official websites of the government agencies involved.
Request for Evidence
When a green card holder wants to petition their fiance, they need to submit a petition to the United States Citizenship and Immigration Services (USCIS). However, in some cases, the USCIS may issue a Request for Evidence (RFE) for further documentation or clarification.
An RFE is not uncommon and should not be cause for alarm. It simply means that the USCIS needs more information to evaluate the petitioner’s eligibility to sponsor their fiance for a green card. The RFE will outline the specific documents or evidence that the petitioner needs to submit.
Reasons for Request for Evidence
- Incomplete application: If the initial petition is missing necessary supporting documents or information, the USCIS may issue an RFE asking the petitioner to provide the missing materials.
- Insufficient evidence: If the USCIS determines that the evidence provided is insufficient to establish the relationship between the petitioner and their fiance, an RFE may be issued requesting additional proof, such as photographs, correspondence, or affidavits.
- Concerns over bona fide relationship: The USCIS may issue an RFE if they have concerns that the relationship between the petitioner and their fiance is not a genuine, bona fide relationship. The petitioner may be asked to provide evidence of their ongoing relationship, such as joint bank accounts, lease agreements, or photographs together.
Responding to Request for Evidence
When a petitioner receives an RFE, it is important to respond promptly and provide all the requested documents and information. Failure to respond to an RFE within the specified timeframe may result in denial of the petition.
It is recommended to carefully review the RFE and make sure all the requested documentation is included in the response. Providing concise and clear explanations can also help address any concerns raised by the USCIS.
Once the response to the RFE is submitted, the USCIS will review the additional evidence and make a decision on the petition. If the evidence provided is satisfactory, the petition may proceed to the next stage of the process.
In conclusion, a Request for Evidence is a normal part of the green card petition process for a fiance. It is important to carefully respond to the RFE and provide all the requested documentation to ensure a successful outcome.
Spouse and Children
A green card holder can also petition for their spouse and unmarried children under the age of 21 to join them in the United States. This process is known as family-based immigration. The green card holder must file a petition for each family member they wish to sponsor.
The spouse and children of a green card holder are eligible for a family-sponsored preference category, which means that there are a limited number of visas available each year. However, unlike the immediate relatives of U.S. citizens, there is no wait time for the visa to become available.
Once the petition is approved, the spouse and children will be eligible to apply for an immigrant visa or adjust their status to become a permanent resident. They will also have the opportunity to work and study in the United States.
It’s important to note that a green card holder’s fiance is not eligible for family-based immigration. The green card holder must wait until they become a U.S. citizen before they can petition for their fiance to join them in the United States.
In summary, a green card holder can petition for their spouse and unmarried children under the age of 21 to join them in the United States. This process is known as family-based immigration and allows the spouse and children to become permanent residents and enjoy the benefits of living and working in the United States.
Implications for Fiance
When a green card holder decides to petition their fiance, it can have significant implications for the non-resident partner. Here are some important considerations to keep in mind:
Potential Delays in Visa Processing
While the green card holder can petition for their fiance, it’s important to note that the process may not be as expedited as it would be for a U.S. citizen. Due to the limited number of visas available for the fiances of green card holders, there may be delays in visa processing and issuance.
Requirement to Establish Intent to Marry
During the visa application process, the non-resident partner will need to demonstrate their intent to marry the green card holder within 90 days of entering the U.S. This requirement is crucial to establish the bona fide nature of the relationship and prevent any potential misuse of the visa program.
Financial Responsibility
As the petitioner, the green card holder will need to demonstrate their financial ability to support their fiance. This typically involves meeting income requirements or finding a joint sponsor who can meet the financial obligations.
Potential Conditional Green Card
In some cases, the non-resident partner may be granted a conditional green card if the marriage takes place less than two years before the visa is issued. This conditional status requires the couple to jointly file a petition to remove the conditions within the 90-day period prior to the conditional green card’s expiration.
It’s crucial for the green card holder and their fiance to be aware of these implications and to carefully navigate the visa application process to ensure a successful outcome.
Q&A:
Can a green card holder petition their fiance?
Yes, a green card holder can petition their fiance. However, there are certain requirements that need to be met in order to do so.
What are the requirements for a green card holder to petition their fiance?
In order for a green card holder to petition their fiance, they must be at least 18 years old and have a valid green card. They must also prove that they have a bona fide relationship with their fiance and that they intend to marry within 90 days of their fiance’s arrival in the United States.
Is there a waiting period for a green card holder to petition their fiance?
Yes, there is a waiting period for a green card holder to petition their fiance. The length of the waiting period can vary, but it is typically around 5-7 years.
Are there any exceptions or expedited processes for a green card holder to petition their fiance?
Yes, there are certain exceptions and expedited processes that may apply for a green card holder to petition their fiance. For example, there may be expedited processing available for couples who can prove that they are facing extreme hardship or if the green card holder is a member of the U.S. military.
What happens after a green card holder successfully petitions their fiance?
After a green card holder successfully petitions their fiance, their fiance will be eligible to apply for a K-1 visa. Once the K-1 visa is approved, the fiance can enter the United States and the couple must get married within 90 days. After getting married, the foreign fiance can then apply for a green card.
How can a green card holder petition their fiance?
A green card holder can petition their fiance by filing Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS). The green card holder must meet certain eligibility requirements and provide evidence of their relationship with the fiance. Once the petition is approved, the fiance will be able to apply for a K-1 visa to enter the United States and marry the green card holder.
What are the eligibility requirements for a green card holder to petition their fiance?
To be eligible to petition their fiance, a green card holder must be at least 18 years old and have a valid green card (Lawful Permanent Resident status). They must also be able to prove that they have a genuine and bona fide relationship with their fiance, and that they intend to marry within 90 days of the fiance’s arrival in the United States.
Can a green card holder petition their fiance if they are not yet married?
Yes, a green card holder can petition their fiance even if they are not yet married. They can file Form I-129F, Petition for Alien Fiancé(e), with the USCIS to begin the process. However, it is important to note that the couple must intend to marry within 90 days of the fiance’s arrival in the United States. Once the petition is approved and the fiance enters the U.S. on a K-1 visa, they must marry the green card holder within the specified time frame.