Spouse petitions of Citizens have no numerical limits in immigration law, unlike other petitions. Unfortunately, fiancé and spouse petitions can also be subject to excessive oversight for couples who meet online, or couples who fail to prove the truthfulness of the relationship.
According to USA Today, more than a third of new marriages in the States start on the Internet. In 2005, according to Congress, it was estimated that every year, from 8,000 to 12,000 individuals had found foreign spouses through international marriage brokers (Bill H.R. 3657). Numbers have likely increased, but the process has not changed.
Our firm has efficiently petitioned foreign fiancés, fiancées, and spouses ensuring that the family is eventually reunited in the U.S.
The petition process is evaluated by the U.S. Citizenship and Immigration Service; their website also provides instructions on how to fill out the forms, and what evidence the government needs to adjudicate the case. The most important point is that the foreign partner meets all requirements for admission and that the relationship is bonafide.
These are the main steps to bring a foreign spouse in the Consular Process:
- File a Petition with USCIS, providing all required evidence, checklists can be useful.
- Once the petition is approved, it is forwarded to the National Visa Center (NVC).
- NVC will contact both the applicant and petitioner with further instructions
- The NVC will assigns a case number to the petition.
- NVC will send additional bills (for processing and visa) to the couple.
- Once the processing fee is paid, the NVC will request supporting documentation.
- The NVC will ensure that the documentation is complete and the will send the petition to the embassy where the beneficiary (foreign spouse) will apply for a visa.
- Before the applicant’s scheduled interview appointment with a consular officer, both partners will receive a letter with the details of the interview and instructions for obtaining a medical examination.
- For the interview, the foreign spouse will have to provide originals of the Passport(s), birth certificate, divorce or death certificate of previous spouse(s), marriage certificate, visa photos and additional evidence of the marriage (pictures, bills, rings)
If the interview goes well, the foreign partner will receive an immigrant visa the same day. Immigration attorneys are rarely required at these interviews. Once the foreign partner enters the U.S., then he/or she will receive a Green Card (Permanent Residency Card) in the mail. For spouses who’s partner is already in the U.S. the process is different, you can contact us if that is your case.
According to Sociologist Michael Rosenfeld of Stanford University in Stanford, couples who meet online are more likely to progress to marriage than couples who meet in other ways. Hopefully, the immigration process of online international couples will also run smoothly. Some interesting facts are that at 26, Women have more online pursuers than men, and by 48, Men have twice as many online pursuers as Women. Beware that Men lie most about; Age, Height, and Income, while women lie most about: Weight, Physical Build, and Age.
At the time of submitting the applications, any misrepresentation can make the whole process a true nightmare, and test the strength of that new bond. Good Luck!