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When Will A Foreign Spouse Be Required To Leave The US?

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 file the adjustment of status application as soon as possible to not be referred to the immigration court through USCIS. Our Westchester marriage visa lawyers have extensive experience in preparing and filing marriage visa petitions and know that a thorough petition gives you the best chance of an approval.

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 Up 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. So having a fully documented and prepared application greatly enhances your chances of having the application processed without delay because if the examiner has everything in front of him and can simply make a decision on what is provided and not have to extend the process.

Foreign Fiancé Has Been Ordered To Leave The U.S., you may need legal assistance. Call the law offices of Michael Joseph for a free initial consultation at 914-574-8330 and get the information and legal answers you’re seeking.

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