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Marriages, Fiance(e)s and Adoptions

Spouses, fiance(e)s, and adopted children of US citizens receive priority in the immigration system. Rather than waiting for the visa lottery, they can be admitted upon approval of their petitions by the government. However certain procedures must be followed. An attorney can be an invaluable resource in helping an immediate family member gain legal status in the US If you are getting married or adopting internationally, call one near you today.

Marriages

The following is an outline of the process for a spouse of a US citizen to gain permanent resident status:

The immigration service must approve a visa petition filed on behalf of the spouse.
If the spouse is outside the US when the visa petition is approved and the visa is made available, the spouse will go to the US consulate to complete the processing for an immigrant visa prior to travel to this country.
If the spouse is inside the US when the visa petition is approved, the spouse may apply to adjust his or her status to that of a lawful permanent resident.

The spouse's permanent resident status will be conditional if it is based on a marriage that was less than two years old when that status was granted. To remove the conditions on permanent resident status, it must be established that the marriage was not to evade the immigration laws of the US If Form I-751, Petition to Remove the Conditions on Residence, is not filed within the 90-day period before the spouse's second anniversary as a conditional resident, the conditional permanent residence status will be terminated and the government will order deportation (removal) proceedings. Therefore, it is very important to have an ongoing relationship with an immigration professional who can keep you up to date on the ongoing requirements to preserve resident status.

Fiance(e)s

A US citizen who is planning to marry a foreign national in the US must file a petition on behalf of his or her fiance(e) before he or she comes to the US to get married. Both parties must be unmarried and must also have met within the last two years before filing for the fiance(e) visa (although this requirement may be waived based on long-standing custom or extreme hardship). The marriage must take place within 90 days of the fiance (e) entering the US or the fiance(e) will be required to leave the Federal immigration laws do not recognize same-sex partnerships for visa purposes.

Adoptions

A married US citizen and spouse may file a petition to adopt a foreign-born child. An unmarried US citizen may also file an orphan petition provided that he or she is at least 25 years of age. To speed up the adoption process, Form I-600A, Application for Advance Processing of Orphan Petition, may be filed before an orphan is identified to adopt. After an orphan that meets the Immigration and Nationality Act's definition of an orphan is identified, Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed on behalf of the child.

Conclusion

A thorough understanding of the requirements and processes involved is critical in securing permanent resident status for a spouse, fiance(e) or a child to be adopted. Contact an experienced immigration lawyer with any questions you have about any of these procedures.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Return to Main Added: 05/07/07