When a United States citizen decides to marry a non-citizen who is not on U.S. soil, one of the first things that should be considered is an immigration strategy.  Timing is always an issue.  Delays in processing can keep a loved ones apart for months or even years in some cases.  Stelmakh & Associates LLC can help you decide whether a fiance/fiancee visa is right for you, or whether you should get married and then apply for an immigrant visa. Everybody’s situation is unique.  What may be right for someone else may not be right for you.  Give us a call to discuss the options and best strategies.

Requirements

  • The US Citizen and foreign national must be legally free to marry and intend to marry within the 90 day period
  • Generally, the US Citizen and foreign national must have met in person within the last 2 years (prior to filing)
  • Form I-129F, must be filed only by a U.S. citizen on behalf of the fiancé (e) foreign national. Only U.S. citizens can file a fiancé visa petition, NOT green card holders
  • The Petitioner/U.S. Citizen must meet the income requirement required by CIS. Otherwise a Joint Sponsor will be necessary. Proof of financial support must be provided along with the fiancé visa petition with copies of the US Citizens accompanying financial documents such as most recent income tax return, wage statements or 1099’s for the most recent tax year, last 3 pay stubs or last 6 months of bank statements if self-employed, and letter of employment. To view the Poverty Guidelines for the Affidavit of Support please click here.
  • The Petitioner’s signed and completed Form I-134 Affidavit of Support as proof that the U.S. Citizen can financially support the foreign national. There is no bypassing this requirement.
  • If the Petitioner cannot support the foreign national, a Joint Sponsor must sign the I-134 Affidavit of Support and provide financial documentation
  • Evidence of U.S. citizenship is required – such as original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship
  • Foreign national’s biographical documents are also required such as a copy of the birth certificate, copy of foreign passport, divorce decrees (if applicable). Documents not in English must have certified English translations
  • 2 Form G-325A’s, a Biographic Data Sheets (one for the U.S. citizen and one for fiancé(e))
  • Two color photos of you and one of your fiancé(e) taken within 30 days of filing
  • Copies of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé (e) have been previously married.
  • Proof of permission to marry if you or your fiancé (e) are subject to any age restrictions.
  • Documentation showing proof of bona fide engagement such as photographs, evidence of joint travel, joint accounts, proof of communication (emails, social media messaging) etc.