Bray Ilona M. - Fiancé & marriage visas a couples guide to U.S. immigration

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Ilona M. Bray, J.D.

Updated by Attorney Amien Kacou

ISSN: 2168-6025 (print)

ISSN: 2325-3959 (online)

ISBN: 978-1-4133-2296-5 (pbk)

ISBN: 978-1-4133-2297-2 (epub ebook)

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We believe accurate, plain-English legal information should help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professionaland well always point out situations in which we think thats a good ideaconsult an attorney licensed to practice in your state.

Special thanks go to Judge Miriam Hayward, who taught me how to do these visas in the first place.

Id also like to thank the many people who contributed their knowledge and experience to this book, including attorneys Angela Bean, Camille Kim-Cook, Carl Falstrom, Kristina Gasson, Barbara Horn, Jacqueline Newman, Lynette Parker, Robert L. Herreria, and Carmen Reyes-Yossiff; the staff at the International Institute of the East Bay; and Mark Demming and Djamila Gonzalez.

Particular thanks go to Amien Kacou, a Florida-based attorney who lent his experience, intelligence, and sharp eye to the task of making sure this 9th edition is comprehensive and up to date.

Finally, a huge round of applause to my colleagues at Nolo, for the energy they put into this project and for making the process fun: Jake Warner, Spencer Sherman, Janet Portman, Catherine Caputo, Jaleh Doane, Andr Zivkovich, Terri Hearsh, Susan Putney, and Toni Ihara.

Ilona Bray, J.D., came to the practice of immigration law through her interest in international human rights issues. Before joining Nolo as legal editor in charge of immigration, she ran a solo law practice and worked for nonprofit immigration agencies including the International Institute of the East Bay (Oakland) and the Northwest Immigrant Rights Project (Seattle). Ms. Bray was also an intern in the legal office at Amnesty Internationals International Secretariat in London. She received her bachelors degree in philosophy from Bryn Mawr College, and her law degree and a Masters degree in East Asian (Chinese) Studies from the University of Washington. Ms. Bray is a member of the American Immigration Lawyers Association (AILA). She has authored other books for Nolo, including Becoming a U.S. Citizen: A Guide to the Law, Exam & Interview, and Effective Fundraising for Nonprofits: Real-World Strategies That Work.

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The marvel of all history is the patience with which men and women submit to burdens unnecessarily laid upon them by their governments.

William E. Borah, former U.S. Senator from Idaho

Youll notice I havent started this book with a quote about love or marriage. Its not that Im a cynicits just that falling in love is the easy part.

Obtaining the right to live happily ever after in the United States is more complicated than even the most difficult courtship. Thats because it involves more than just you, your beloved, your families, and friends. You will also be inviting the U.S. immigration authorities into your lives for as long as it takes to convince them that you are in love, want to be married, and are eligible to enter and live in the United States. And believe me, this is a lot more complicated than simply saying, I do.

The popular perception is that U.S. citizenship comes along with an American spouse, almost automatically. The reality is quite different. There are dozens of forms, months and possibly years of legal and bureaucratic delays, and countless ways to make the process move faster or end with a resounding no entry from an immigration officer. (One good piece of news, at least, is that as of 2013, same-sex couples are eligible for fianc as well as marriage visas.)

Even after you convince the U.S. government to let you in, most often youll get only temporary permission to marry or live in the United States. Youll have to wait a couple of years before you can get permanent residenceand even longer before you can apply to become a U.S. citizen.

I have had many clients arrive at my office after they started the application process with no preparation other than picking up the forms from U.S. Citizenship and Immigration Services (USCIS, formerly called the INS). They fled to a lawyer when the mountain of paperwork threatened to bury them. And there were the clients who didnt look before they leaped into the application process and found themselves denied or, worse, facing deportation or removal.

None of these people had the benefit of materials that tell you, in plain English, the laws you need to understand and the way to apply for a visa or green card based on marriage. The goal of this book is to fill that gap and to be your companion through the process. Why a whole book? you might ask. The answer is simple: Because Im trying to make it possible for you to get through this complicated process without getting yourself into trouble. It would be a much shorter book if I told you to fill in the forms blindly, without explaining the legal implications or the inside scoop on how the USCIS or consular officer will view your case.