From the US perspective, it will be easier to marry your wife through
a fiancee visa (form I-129F). This way your wife can obtain a green
card faster (and then become a US citizen faster) than if you were to
get married in Brazil and then do the paperwork to get the green card
and then US passport.
How Do I Bring My Fiancé(e) to the United States?
Background
Where Can I Find the Law?
Who is Eligible?
How Do I Apply?
Will I Get a Work Permit?
How Can I Check the Status of My Application?
How Can I Appeal?
Can Anyone Help Me?
Frequently Asked Questions [FAQs]
Background
If your fiancé(e) is not a citizen of the United States and you plan
to get married in the United States, then you must file a petition
with USCIS on behalf of your fiancé(e). After the petition is
approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy
or consulate abroad. The marriage must take place within 90 days of
your fiancé(e) entering the United States. If the marriage does not
take place within 90 days or your fiancé(e) marries someone other than
you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien
Fiancé), your fiancé(e) will be required to leave the United States.
Until the marriage takes place, your fiancé(e) is considered a
nonimmigrant. A nonimmigrant is a foreign national seeking to
temporarily enter the United States for a specific purpose. A
fiancé(e) may not obtain an extension of the 90-day original
nonimmigrant admission.
If your fiancé(e) intends to live and work permanently in the United
States, your fiancé(e) should apply to become a permanent resident
after your marriage. (If your fiancé(e) does not intend to become a
permanent resident after your marriage, your fiancé(e)/new spouse must
leave the country within the 90-day original nonimmigrant admission.)
For more information, please see How Do I Become a Legal Permanent
Resident While in the United States?. Please note, your fiancé(e) will
initially receive conditional permanent residence status for two
years. Conditional permanent residency is granted when the marriage
creating the relationship is less than two years old at the time of
adjustment to permanent residence status. For more information, please
see How Do I Remove the Conditions on Permanent Residence Based on
Marriage?.
Please note: Your fiancé(e) may enter the United States only one time
with a fiancé(e) visa. If your fiancé(e) leaves the country before you
are married, your fiancé(e) may not be allowed back into the United
States without a new visa. (Please see How Can I Get a Travel
Document? for additional travel information if your fiancé(e) will
apply to become a legal permanent resident after you are married.)
For an excellent overview of immigration issues, please see the
chapters and tables on temporary admissions and immigrants in the
Immigration Statistical Yearbook.
Where Can I Find the Law?
The Immigration and Nationality Act (INA) is a law that governs the
admission of people into the United States. For the part of the law
concerning fiancé(e) (K-1) visas, please see INA § 214. The specific
eligibility requirements and procedures for applying for the fiancé(e)
(K-1) classification are included in the Code of Federal Regulations
[CFR] at 8 CFR § 214.2(k).
Who is Eligible
U.S. citizens who will be getting married to a foreign national in the
United States may petition for a fiancé(e) classification (K-1) for
their fiancé(e). You and your fiancé(e) must be free to marry. This
means that both of you are unmarried, or that any previous marriages
have ended through divorce, annulment or death. You must also have met
with your fiancé(e) in person within the last two years before filing
for the fiancé(e) visa. This requirement can be waived only if meeting
your fiancé(e) in person would violate long-established customs, or if
meeting your fiancé(e) would create extreme hardship for you. You and
your fiancé(e) must marry within 90 days of your fiancé(e) entering
the United States.
You may also apply to bring your fiancé(e)'s unmarried children, who
are under age 21, to the United States.
How Do I Apply?
To find out how you can apply to bring your fiancé(e) to the United
States, please click here to see Application Procedures, which will
help you identify what you need to do. Fiancé(e) petitions are filed
at the USCIS Service Center serving your area of residence.
Will I Get a Work Permit?
After arriving in the United States, your fiancé(e) will be eligible
to apply for a work permit. (You should note that USCIS might not be
able to process the work permit within the 90-day time limit for your
marriage to take place.) Your fiancé(e) should use Form I-765 to apply
for a work permit. Please see How Do I Get a Work Permit? for more
information. If your fiancé(e) applies for adjustment to permanent
resident status, your fiancé(e) must re-apply for a new work permit
after the marriage.
How Can I Check the Status of My Application?
Please contact the USCIS office that received your application. You
should be prepared to provide the USCIS staff with specific
information about your application. Please click here for complete
instructions on checking the status of your visa petition. Click here
for information on specific USCIS offices.
How Can I Appeal?
If your petition for a fiancé(e) visa is denied, the denial letter
will tell you how to appeal. Generally, you may appeal within 33 days
of receiving the denial by mail. Your appeal must be filed on USCIS
Form I-290B. The appeal must be filed with the office that made the
original decision. After your appeal form and a required fee are
processed, the appeal will be referred to the Administrative Appeals
Unit (AAU) in Washington, DC. (Sending the appeal and fee directly to
the AAU will delay the process.) For more information, please see, How
Do I Appeal the Denial of My Petition or Application?.
Can Anyone Help Me?
If advice is needed, you may contact the USCIS District Office near
your home for a list of community-based, non-profit organizations that
may be able to assist you in applying for an immigration benefit.
Please see our USCIS field offices home page for more information on
contacting USCIS offices. In addition, please see our Webpage that
provides information on obtaining free legal advice.
Frequently Asked Questions [FAQs]
Do you want further information? Click here for access to our
Frequently Asked Questions on immigration. Also, please see the State
Department Website for more information on bringing your fiancé(e) to
the United States.
http://uscis.gov/graphics/howdoi/fiance.htm |
