Immigration Information

The U.S. Immigration and Nationality Act requires that all "mail-order bride" introduction service organizations that provide introductions to foreign clients must provide to those clients certain information about the Immigration laws of the United States. The following section explains aspects of the immigration laws as they may pertain to someone who is marrying a United States Citizen and is intended to comply with U.S. Immigrations laws.

Fiancée visas - An American Citizen may petition for his alien fiancée to be admitted to the United States for a period of ninety days on a K-1 visa. Any dependent children of the alien fiancée may be admitted to the United States for a ninety-day period on a K-2 visa. During this ninety-day period, the U.S. Citizen and his fiancée must marry or the alien fiancée must return to her home country. The alien fiancée must either marry the petitioner or return to the country of origin. If the alien fiancée does return within the ninety-day period, she will be permitted to be the beneficiary of other visa applications in the future. If the alien fiancée does not return to her home country within the ninety-day period or marry the petitioner, she may be denied future immigration benefits in the United States.

To qualify for fiancée visa, the U.S. petitioner must prove that he is a citizen and that he is able to marry. All prior marriages must be legally ended at the time of the filing of the petition. The alien fiancée must also show that she is also capable of marrying that all prior marriages are legally ended. The alien fiancée must produce copies of all prior divorces or death certificates on her former husbands. She must also provide English translations of these documents as well.

The alien fiancée should also obtain a copy of her birth certificate and the record of any name changes. These documents will need to be translated into English as well.

The U.S. Petitioner files the fiancée petition in the United States. After the approval, the petition is sent to the consulate in the alien's home country for further processing. The consulate will then interview the alien fiancée to determine her admissibility to the United States. The alien fiancée must show that she is not inadmissible for reasons such as drug addiction, disease, prior acts of moral turpitude, and that she will not become a burden on the government.

Sham marriages and false statements - The immigration laws of the United States provide severe penalties for entering into marriage to receive an immigration benefit such as a visa or permanent residency. Such penalties include fines of up to $250,000.00 and imprisonment of up to five years in a federal prison. In addition, false statements may result in a future denial of the original benefit and the institution of deportation proceedings if the alien is still in the United States.

Adjustment of status - If the parties do marry within the ninety-day period, then the parties must file for adjustment of status for the alien spouse. This is the process where the alien spouse will receive temporary permanent residency. After the filing for adjustment of status, the spouses will be interviewed by the INS to prove the validity of their marriage. This interview may take several months to be held. For marriages of less than two years, the Immigration Services will grant conditional permanent residency for a period of two years. Any dependent children will also receive this two-year "green card."

After the two-year conditional residency is over, the alien spouse will be granted unconditional permanent residence if the spouses file a Joint Petition to Remove Conditional Residency. This Petition is filed within the three months before the end of the two-year expiration of the conditional permanent residency. Failure to file this petition may result in the termination of the resident status of the alien beneficiary and the institution of deportation proceedings.

Advance Parole - Once the alien fiancée is admitted to the United States, the alien fiancée must remain in the United States until she receives her green card unless she applies for advance parole. This limitation applies to any trip outside the United States, even to Mexico and Canada. To leave the United States for any reason, the alien spouse must file an Advance Parole with the INS. The alien must show a good reason for the trip outside the United States.

Work Authorization - Working in the United States without authorization is a violation of status and may result in deportation proceedings. However alien fiancées are entitled to work authorization, as are spouses that are pending adjustment of status. Application is made at the local INS office close to the residence of the alien spouse.

Citizenship - After three years as a resident, both conditional and permanent, the alien spouse may petition for citizenship based on marriage to the U.S. Citizen if the marriage is still in existence.

Battered alien spouses and children - There is no right for the U.S. Citizen spouse to abuse his alien wife or alien child, either physically or mentally. Society in the United States will not tolerate spousal abuse. Incidents of abuse should be reported to the police. An alien spouse will not be deported or otherwise bothered by the immigration service for filing such reports. The alien spouse or child may self-petition if there is credible evidence of abuse, there would be extreme hardship if the alien spouse were forced to return to her home country, and the alien spouse is of good moral character. This will allow the alien spouse to petition for herself even if the husband refuses to petition for her. This application must be made while the marriage is in existence although a divorce may be filed. In addition, the alien spouse must still be living in the United States. There is not provision for processing this application in a foreign country. Once the petition is granted, the alien spouse or child receives a permanent "green card" and the U.S. citizen spouse has no say in the matter.

This summary of the United States Immigration laws is only a brief overview. It is not intended to be all-inclusive. If you have questions concerning the immigration laws of the United Sates, you should seek the advice of an attorney experienced in immigration.

Immigration and Naturalization Service (INS)

Click on the TLC banner to return home