If you have a fiance or spouse who lives outside of the U.S. and you’re looking to get them a green card based on love, all you have to do is – show your love.
Sounds easier said than done, doesn’t it?
But there are very important things you need to consider:
1. Be truly in love.
It’s so critical to really, really and truly be in love. Don’t do it just for convenience. Otherwise, if you’re found to have committed marriage fraud, you could be banned from the United States forever.
2. Prove that you’re in a bonafide relationship.
You need to be able to show documents related to your good faith, your marriage certificate, obviously, photos of your relationship, documents to prove that you’re living together, that you are mixing all of your finances together, that you have health insurance together – things of that nature to really prove that. You have to know each other’s families and include as many photos with you and your family and friends as possible. Any two people can take selfies and fake a relationship. But when you show pictures with family and friends, that is really what kind of drives home.
3. A K-1 visa is reserved only for citizens.
Through a K-1visa, your fiance enters the United States as a K-1 visa holder. You basically have to get married within 90 days and then file a grant application.
4. Options for non-U.S. citizens and non-green cardholders
If your fiance or spouse at that point is in the United States, with a status of his or her own, say, an H-1B visa or a student visa, you can file a green card application. At that point, it’s really only a petition and you have to wait for the visa bulletin to become current. It’s like an employment-based green card.
5. Have representation during the interview.
Never go to these interviews alone, because you never know what will happen regardless of how straightforward you think your application is. If you can be represented by an attorney, go to these with an attorney.
For more information and resources on the different family-based alternatives for visa application, check out Immigration Law for Tech Startups podcast. If you’d like to listen, head over to Episode 13: Show the Love: Family-based Alternatives for Technology Professionals.