If you are a legal immigrant living and working in upstate New York and are seeking USCIS approval to bring your fiancé/fiancée or spouse to join you in America, there is a specific process that needs to be followed.
The process for bringing a fiancé/fiancée to the U.S. starts by filing a Form I-129 petition. The form must be filled out accurately and completely, including documentation that you:
Live in the United States legally
Are free to marry under the laws of the United States
Have no current spouse you are legally married to in your country of origin
Intend to marry within 90 days of your fiancé/fiancée entering the U.S.
Have personally met your fiancé/fiancée at least once in the previous two years
If you have not met personally, you can demonstrate legal, political or cultural reasons as to why not
The I-129 form will be reviewed by the U.S. consulate in your fiancé's/fiancée's country of origin. Upon approval, your fiancé/fiancée may join you in the U.S. under a K-1 visa for no longer than 90 days, during which time the marriage must take place.
Working In The U.S.
Upon arriving in the U.S., your fiancé/fiancée may apply to work in the country by filing a Form I-765 application for employment authorization. The authorization must be filed with the USCIS office nearest to your intended place of residence. Work authorization for your fiancé/fiancée may be approved for up to 90 days, with an extension possible after your marriage and legal residency.
Bringing Your Spouse To The U.S.
The consular process is similar for legally married spouses, but the application used will be Form I-130 for alien relatives. Upon arrival in the U.S., your spouse will be eligible to work legally.
Background Checks For K-1 And K-3 Visas
Upon receiving the I-129 or I-130 applications, your fiancé/fiancée or spouse will undergo a thorough background check that includes investigation of their criminal record, political affiliations and medical history. Under certain conditions set out by the USCIS, the application may be denied.
Why You Need A Lawyer For Bringing Your Spouse Or Fiancé To America
The consular process is complex, requiring extensive documentation. Even the smallest inaccuracy or missing information can result in a denial or a delay that can require several months of additional applications.
If you reside in upstate New York, turn your immigration case over to attorney Craig Nichols at Nichols Law Offices, PLLC, in Dewitt. We have helped countless families reunite in the United States. We will handle everything throughout your case and will keep you fully informed about the progress of your case.
Call us at 315-640-4216 or send an email to explain your immigration circumstances. We offer a free consultation and will explain how we can help you successfully apply and move your application along as quickly as possible.