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Nevada Family Visa and Immigration

Services | Attorney John Carrico

Fiancé and Family Petitions

United States immigration law makes allowances for U.S. citizens to bring loved ones to the country. Below, we describe the fiancé and family visa processes.

Fiancé Visas

A U.S. citizen can sponsor a foreign national to enter the United States for marriage. The requirements are as follows:

1) Both parties must be single;

2) The couple must have met personally within the last 2 years;

3) The U.S. citizen must prove adequate income or assets to sponsor; and

4) Marriage must take place within 90 days of arrival to the U.S.

This is a three-step process:

1) Citizen files the initial fiancé forms and documents;

2) Citizen provides financial documents and USICS forms to fiancé;

3) Citizen prepares fiancé for the Consular Interview.

IT IS RECOMMENDED TO SEEK LEGAL COUNSEL BEFORE PROCEEDING

Long delays, or an outright denial, can occur unless the petitions are filed correctly with substantial documentation and the foreign national fiancé is advised and prepared prior to the Consular interview.

The U.S citizen may want to seek legal consultation concerning financial obligations pursuant to state community property law and federal immigration obligations of financial support prior planning for the marriage.

Family Visas

A U.S. citizen who is the spouse, parent, or child (over 21 years old) of a foreign national can sponsor their family member for permanent residence. The requirements are as follows:

1) The foreign national must have entered the U.S on a non-immigrant visa;

2) The USCIS must acknowledge the family relationship between the petitioner (U.S. citizen) and the beneficiary (family member);

3) The U.S. citizen petitioner must have sufficient income or assets to sponsor his or her family member.

The above three requirements will be reviewed at the time of filing at the appropriate USCIS Service Center and at an interview of the petitioner and beneficiary at the local office in their state of residence.

Important Notes

The rejection of a petition can have adverse consequences on the ability of the beneficiary to remain in the United States, if at the time of the rejection the beneficiary has overstated the period of stay allowed by the visa.