Immigration Law

So you want to become a citizen:

There are a few ways this can occur…
1.  You are born in the Untied States

2.  You were born outside the States to a parent or both parents … one being a US Citizen

3.  If your parents obtained a permanent residence card for you before your 18 birthday and
at least one parent was a US Citizen, then you may be a citizen. The outcome depends on  whether the US Citizen parent had custody of you. This would have have occurred in a court proceeding (on your  birth date).

4.  Through the Naturalization Process.

K-1 Visa, Also Known as a Fiancé Visa
Provides a one time entry into the United States.  If your finance leaves the country he /she will not be allowed to re enter without a new visa.  The stay is for a 90 day period of time for your finance to remain in the United States, from the date of entry.  If you do not marry your finance he/she will need to return to their home country.  The fiancé will be considered a non-immigrant.  A Fiancé is not eligible for an extension of the 90 day non-immigrant admission.

After you marry your new spouse can apply for permanent residency (green card).  Your spouse will be granted Conditional permanent residency when the marriage is less than two years as of the date of the adjustment of status.

What form do I file?
The U.S. citizen fiancé needs to file USCIS Form I-129F – Petition for Alien Fiancé

ELIGIBILITY:
The parties must be able to marry.  (Have a divorce decree for any prior marriage, death certificate of certificate of annulment).
A United States Citizen may file a Petition K-1 for his/her fiancé.
The parties must have met in person within the last two years. Unless hardship or violates long established customs
Must marry within 90 days of entry by the finace.

Can My Fiancé obtain a work permit?
Upon obtaining a K1 Visa and entering the U.S. your fiancé can apply for a work permit by filing form I-765.  Once you marry, your spouse will have to re apply for a new work permit when he/she files to adjust his her status.

Governing Law
The Immigration and Nationality Act (INA) is a law that governs the admission of people into the United States. Fiancé(e) (K-1) visas, are covered in INA § 214. The specific eligibility requirements and procedures for applying for the fiancé(e) (K-1) classification are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.2(k).

The following section is from the USCIS website ▼

How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You should be prepared to provide the USCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your visa petition. Click here for information on specific USCIS offices.

How Can I Appeal?
If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on USCIS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to the AAU will delay the process.) For more information, please see, How Do I Appeal the Denial of My Petition or Application?.