Romance. Love. Desire. So you have found your true love and wish to share anything and everything with this person. You want to give them the world, but it is actually the world that is keeping you apart. What can you do when you fall in love with an American citizen who lives in the United States, and you are in a distant and far away land? The solution is to have the American citizen petition you for an alien fiancée visa, known as a K-1 visa. Any of the alien fiancée’s unmarried children under twenty-one years of age may also be included in the petition, and would be granted K-2 dependent visas. Ultimately, both the spouse and children will be able to obtain lawful permanent residency.
The fiancée visa is the only way for an individual previously married in the Philippines to immigrate to the United States based on marriage. Since the Philippine government does not recognize divorces obtained by one spouse in the United States, the spouse left behind continues to be legally married and unable to enter into another marriage while in the Philippines. Certainly, the spouse left behind may apply for an annulment of the marriage, but the process to obtain an annulment in the Philippines is extremely long and difficult. Instead, the individual can apply for and obtain a fiancée visa in order to get married to a United States citizen, since any divorce obtained in the United States would naturally be recognized and accepted.
In order for an American citizen to petition their alien fiancée, certain criteria need to be met. In addition to the various forms that must be submitted, it must be shown that the relationship between the United States citizen and the alien fiancée is bona fide and legitimate. To prove the existence of a bona fide and legitimate relationship, the American citizen petitioner must include documentation in relation to the legitimacy of the relationship. These documents may include items such as but not limited to photographs, letters, emails, cards, and long-distance telephone bills to one another. The petitioner must also submit an affidavit stating how the couple met, how they decided to get married, and the plans for the marriage and honeymoon. Also, the American citizen petitioner must be able to show that he is willing to take financial responsibility for the alien fiancée by submitting an Affidavit of Support and supporting documents, such as bank statements or employment certification.
Out of concern for the foreign individual, the US government will also inquire as to whether the American citizen spouse has certain criminal convictions. If so, the convictions must be revealed in the petition and the information will be relayed to the foreign fiancée.
Additionally, it is required that the United States citizen and the fiancée must have personally met within the past two years. This requirement can be waived only if it can be shown that the United States citizen would encounter severe hardship should he/she be required to travel abroad to see the alien fiancée. For example, the American citizen may have significant health problems that restrict the ability to travel. Another basis for a waiver of the personal meeting requirement is if it is a long-standing custom and traditional for the future bride and groom to not see one another prior to the wedding.
Finally, the United States citizen and alien fiancée must attest to that fact that they intend to get married, and then actually do get married, within ninety days of the arrival of the individual into the United States.
The petition and the supporting documents are all filed by the United States citizen with the DHS in the United States. If the petition and all supporting documents sufficiently prove to the DHS that the relationship is bona fide and legitimate, the petition can be approved in just a few months. Once the petition has been approved, the alien fiancée may then proceed with obtaining the alien fiancée visa through the United States Embassy nearest him/her.
Upon arrival to the United States, the alien fiancée and the children have the immediate ability to apply for a work permit. Immediately upon the marriage of the United States citizen and the alien fiancée, the alien fiancée and the children may then apply to adjust their status to that of an immigrant, and thereby obtain a green card.
Since the immigration service considers marriage fraud to be an extremely serious violation, fiancée petitions are greatly scrutinized to ensure that the relationship is legitimate and bona fide. Individuals must ensure that the petition is well prepared at documenting the legitimacy of the relationship to avoid unnecessary delay and potential denial.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089.
Aquino & Aquino, A Professional Law Corporation, also handles family law, employment discrimination, unlawful termination, criminal defense, personal injury, wills, and living trusts.