Fiance Petition I 129 F
It is a happy time when immigration an attorney help clients with a Fiancé(e) Petition. This is accomplished by filing the Form I-129F, “Petition for Alien Fiancé(e)”
The purpose of this petition is to bring your fiancé(e) and that’s person’s qualifying children to the United States so that you can marry. After that, you help your fiancé(e) to complete the process necessary to gain permanent residence status in the USA.
The immigration law that covers fiancé(e) petitions is the LIFE Act and the Amendments of 2000. When the United States Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, President Obama instructed the USCIS to extend the fiancé(e) petition program to include petitions made by same-sex couples without any further discrimination against them.
Whether you and your spouse are different sexes or the same-sex, the fiancé(e) petition is the same. In a same-sex marriage petition, the U.S. citizen making the petition marries a same sex person in an American state where it is legal to do so.
The eligibility requirements are:
- The applicant making the fiancé(e) petition is a U.S. citizen.
- The intent is to marry the foreign person within 90 days upon their arrival to the United States.
- Both people are free to marry and any previous marriages were canceled by annulment or ended because of divorce or death of a spouse.
- The U.S. citizen met the fiancé(e) at least once within the two years before the petition, unless cultural taboos, religious practice, or extreme hardship prevented this.
The fiancé(e) is issued a K-1 nonimmigrant visa for a 90-day period to enter the United States to get married. After the legally binding marriage ceremony in the U.S., that person applies for permanent resident status and gets a Green Card, which allows them to work in the United States.
Your fiancé(e) is allowed to bring along their children if they are under twenty-one and not yet married. The children’s information is included with the information about the fiancé(e) on the Form I-129 petition.
A fiancé(e) visa is only for 90 days and cannot be extended. If you do not marry your fiancé(e), within that period, they must leave the United States or risk removal (deportation) and may not be able to come to the U.S. again.
Warning About “Sham” Marriages
Marriages that are fake and done for money or other benefits are “sham” marriages. Participating in such a fake marriage is marriage fraud, when used to immigrate to the U.S. This is a serious crime in the United States. The U.S. citizen will be prosecuted for the crime and the foreigner will be removed (deported) from the United States. The sentencing in a recent case for some of the convicted defendants was 16 months in prison. Real marriages are great. Sham marriages are a crime.
Working with an immigration attorney who understands the process of filing a fiance(e) petition is the best way to have a great result and help your fiancé(e) immigrate to the United States to enjoy a happy married life.
Fiancé(e) Visas Link
I-129F, Petition for Alien Fiancé(e) Link
How Do I help my Fiancé(e) Become A U.S. Permanent Resident Link
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