Fiance Visas, Lawful Permanent Residence, Citizenship and Naturalization
Fiancé (K-1) Visas
The Fiancé (K-1) Visa allows a U.S. citizen to bring their foreign fiancé to the United States to get married and apply for a green card. The couple must marry within 90 days of the fiancé's arrival in the U.S. and then begin the process of adjusting the fiancé's status to lawful permanent resident.
Eligibility and Requirements:
- U.S. Citizenship: The petitioner must be a U.S. citizen.
- Intention to Marry: Both the petitioner and the foreign fiancé must have a bona fide intention to marry within 90 days of the fiancé’s arrival in the U.S.
- In-Person Meeting Requirement: The couple must have met in person at least once within the two years preceding the filing of the K-1 petition, unless a waiver applies due to cultural or religious customs.
- Ability to Legally Marry: Both parties must be legally free to marry, meaning any previous marriages must be legally terminated.
Fiancé Visa Process:
- Step 1: File Form I-129F, Petition for Alien Fiancé: The U.S. citizen must file this form with USCIS to establish the relationship.
- Step 2: Consular Processing: Once the petition is approved, it is sent to the U.S. embassy or consulate in the fiancé’s home country, where they will apply for the K-1 visa.
- Step 3: Visa Interview and Medical Exam: The foreign fiancé will undergo a visa interview and a medical exam at the U.S. consulate.
- Step 4: Entry into the U.S. and Marriage: After receiving the K-1 visa, the fiancé can travel to the U.S. and must marry the U.S. citizen within 90 days.
Lawful Permanent Residence
Lawful Permanent Residence (commonly referred to as obtaining a green card) allows individuals to live and work in the U.S. permanently. Green card holders can eventually apply for U.S. citizenship, but maintaining lawful permanent residence also provides benefits such as travel freedom and protection from deportation.
Benefits of Lawful Permanent Residence:
Work and Live Permanently in the U.S.: Green card holders can live and work in the U.S. without restriction.
Travel Flexibility: Permanent residents can travel abroad and re-enter the U.S., although extended stays outside the country may affect residency status.
Eligibility for U.S. Citizenship: After meeting certain residency and other requirements, green card holders can apply for U.S. citizenship.
Benefits of Lawful Permanent Residence:
There are several pathways to obtaining Lawful Permanent Residence (a green card) in the U.S. Family-based petitions allow relatives of U.S. citizens and lawful permanent residents to apply, with immediate relatives of U.S. citizens—such as spouses, children under 21, and parents—receiving priority. Employment-based petitions are another option, where individuals sponsored by employers, including skilled workers, professionals, and certain investors, may qualify.
Those already in the U.S. on a valid visa can apply for Adjustment of Status to become a permanent resident without leaving the country. For applicants outside the U.S., Consular Processing allows them to complete the application process through a U.S. consulate.
Citizenship and Naturalization
Citizenship through naturalization is the process by which lawful permanent residents can become U.S. citizens. Naturalized citizens gain all the rights and responsibilities of U.S. citizenship, including the ability to vote, hold public office, and apply for federal jobs.
Eligibility for Naturalization:
- Permanent Residency Status: The applicant must have been a lawful permanent resident for at least five years (or three years if married to a U.S. citizen).
- Continuous Residency: The applicant must have lived in the U.S. continuously for at least 30 months within the five-year period before applying (or 18 months for spouses of U.S. citizens).
- Good Moral Character: Applicants must demonstrate good moral character, including a clean criminal record.
- English Language Proficiency: Applicants must be able to read, write, and speak basic English (certain exemptions apply).
- Knowledge of U.S. History and Government: Applicants must pass a civics test covering U.S. history and government.
Naturalization Process:
- Step 1: File Form N-400, Application for Naturalization: This form is submitted to USCIS along with the required documentation and fees.
- Step 2: Biometrics Appointment: Applicants will be scheduled for a biometrics appointment to provide fingerprints and photos.
- Step 3: Citizenship Interview and Civics Test: USCIS will schedule an interview, during which applicants will answer questions about their application and take the civics and English language tests.
- Step 4: Oath of Allegiance Ceremony: After approval, the applicant will attend a ceremony to take the Oath of Allegiance and officially become a U.S. citizen.
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