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Answers To Some Of The Most Commonly Asked Immigration Questions

Under What Circumstance, Will A Foreign Spouse’s Permanent Resident Status In The U.S. Be Conditional?

When OPR status is given to a foreign spouse and it is done through a marriage petition, or the marriage happens less than 2 years before the person was given permanent resident status, the date that they are given permanent resident status, they will be given conditions on their permanent resident status.

Can A US Citizen Or Lawful Permanent Resident In The Same Sex Marriage To A Foreign National Sponsor Themselves For A Family Based Immigration Visa?

Yes, same sex marriages can also receive the same benefits as any other marriages. After the Supreme Court found DOMA (Defense of Marriage Act) being constitutional, all federal organizations were basically directed to follow and provide the benefits for same sex marriages as they would provide for any other marriages. Since July of 2013, it was also directed to allow for same sex family visa petitions.

Can A U.S. Citizen Who is Just Engaged To Be Married To A Foreign National Of The Same Sex File A Fiancé Petition For Him?

Yes. A same sex couples can also file a fiancé petition through a K1 visa. The petition of fiancé would go through the same procedures as any other couple would. The steps would be putting in the fiancé petition and when approved, go through the process in the foreign fiancé’s country. After that, they do the necessary background checks and everything for the foreign fiancé to receive a K1 visa to come in the country and then to be married to the U.S. citizen.

If A Couple Gets Married In The U.S. State Or A Foreign Country That Recognizes Same Sex Marriage, Or They Live In A State That Does Not, Can They File An Immigrant Visa Petition For Their Spouse?

Yes. Immigration does follow federal law and because same sex marriage is allowed under federal law, immigration would allow you to file an immigrant visa petition. Also, an important pa was preformed, it would be allowed under immigration laws.

What Is The Best Type Of Visa For Same Sex Immigrant Partners?

That also depends on the specific couple. If the couple is living in a country where they do allow same sex marriages, and if the couple doesn’t mind getting married in a foreign country, then the quickest and probably most affordable way is to get married there. After that, they can bring the foreign spouse as a permanent resident already by doing consular processing over there.

If, however, the foreign country does not allow same sex marriages, or the couple either wants to get married in the U.S. and have time to prepare for their marriage and live in the U.S. to see if the foreign partner feels comfortable with it, then a K1 visa would be the best option. With a K1 visa, they get the fiancé here relatively quickly; give them three months to prepare for anything they need for the marriage. If they are still on the same page, then they can go and move forward with the adjustment process.

Under What Circumstance Would A Foreign Fiancé, Who’s Been Admitted Into The U.S. For The Purpose Of Getting Married, Be Required To Leave the U.S?

A foreign fiancé usually comes into the United States on a K1 visa, which is a fiancé petition that comes with requirements. It comes with requirements of the fiancé if the U.S. citizen gets married within 90 days. If they are not married within the 90 days, technically they would be required to leave the US because they would be out of status.

In addition, if they went through with the marriage and then attempted to adjust status, which means get their green card through the marriage, if the officer does not find that the marriage is credible, then they can also be required to leave the US after being put in proceedings.

What Happens If They Do Not Marry Within The 90 days?

According to the rules of the K1 visa, if you do not marry within the 90 days to a U.S. citizen, you are technically out of status and should return to your country. However, if the person is still planning on marrying the person that has petitioned for them and simply miss the 90 days, they can still go through with the adjustment process. However, they would need to get married and then put in the remaining documents as soon as possible to not be referred to the immigration court through USCIS.

How Long Will This Process Take?

With immigration, any process of the petition or application is really dependant on specific circumstances. They can vary greatly depending on the officer handling the petition, the evidence submitted with the petition and any other factors that the officer has to consider. These factors can include criminal background, medical checks, and any other questions or concerns that he may have.

Once the fiancé petition is approved, it usually takes about 6 to 8 months. Then you have to do consular processing in the foreign fiancé’s country which has fees, applications, and certain background checks that have to be submitted. If that is not put forward in a timely manner, that can also extend the length of the process. However, if everything is done right and with the proper guidance, these applications can be done between one to two years.

Is There Any Way To Speed That Process?

They can be quicker but those are usually the average times. As far as doing it quicker, it is basically having everything set up. A good attorney can take several steps to speed up the process. Even before filing anything, they try to have all background, medical checks and other things that are needed in order. Then they are provided upfront so the officer won’t have to request additional information or ask any more questions.

This speeds up the process a lot quicker, because he will have everything in front of him and can simply make a decision on what is provided and not have to extend the process.

If you need information regarding U.S. Citizenship, Immigration, And Deportation, call Westchester Immigration Attorney Joseph Ramirez for a free initial consultation at (914) 574-8330 and get the information and legal answers you are seeking.

 
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