Marriage And Immigration Calls For Decisions

Many U.S. citizens are married to foreigners so naturally, they want their fiancee to migrate to the U.S. to stay together permanently. Migrations to the U.S. become possible through marriage immigrations. A foreigner, who is married to a U.S. citizen, can migrate to the U.S. on a marriage visa.

If a U.S. citizen or a permanent residence holder, is married to a foreigner and decides to bring his fiancee to the U.S., he has to face a number of legal formalities before hand. The United States Citizenship and Immigration Services (USCIS) is a body that looks after the migration process.

Marriage according to immigration law is defined as a legal union of two people, man and woman as husband and wife respectively. This definition clarifies that the U.S. immigration laws do not accept marriages between gays and lesbians. The immigration law has also set a definition of spouse.

According to the law, a person does not qualify as a spouse, husband or wife, for migration purposes, if the two parties were not physically present for their marriage function or officiating ceremony.

USCIS strictly considers related factors to determine whether the marriage relationship is valid or not. According to these factors, a marriage must be valid at the time is performed. It must still be existing and must not have entered into a permanent resident status on the alien.

The immigration laws also highlight certain forms of unacceptable marriages. These are common law marriages, customary marriages, polygamous marriage, incestuous marriage and proxy marriage. Even a Sharn marriage is not considered legal according to the laws of immigration.

Sharn marriage is done simply to gain U.S. immigration benefits. The man and woman live together and pretend to be husband and wife but the reality is that they arent really married.

There are a number of cases in which an alien appeals for an immigration status. In case, the alien spouse is married to a U.S. citizen, there are two scenarios for filling the petition. The first scenario is that if the alien spouse is already in the U.S. under a non-immigrant visa, then the U.S. citizen has to file an migration petition I-130 and alien spouse has to file I-485.

The second scenario is that if the alien spouse is outside the U.S. Then the U.S. citizen has to file for a marriage immigration visa for the spouse and only after the spouse gets the visa, the spouse can enter the U.S.

Similarly there are many other cases of how a foreigner who is married to a U.S. citizen files for migration after marriage. Immigration to the U.S. after marriage is a lengthy process. But K3 visa program has come in to action so the process which used to take about two years is now reduced to few months of waiting. So start the processes early and proceed with confidence.