Background

After spending countless hours and large sums of money finding that special someone, you may think that the large part of your search is over – this is not so. It will now be your job to navigate the maze of regulations affecting US citizens looking to marry foreigners. Following the September 11 attacks, the USCIS (formerly INS)has imposed even more stringent regulations. It will now take many more months before your fiancés background checks are completed. To expedite the process, it is advisable a qualified immigration specialist is contacted. If you live in another country you should also consider the speaking to a local specialist. In South Africa for example, it is possible economically obtain the services of a law firm which specializes in Russian/South African marriages

Recently a Russian women living in the US was deported to Russia. She had been married for 3 years, had a steady job and also had a child with her new husband. The INS deported her because she had not stated her actual intention for entering the country. If you marry your girlfriend visiting you on one of those visas, her legal status in the USA will be questionable, and she may be refused permanent resident status on the basis of visa fraud if the USCIS believes her aim of visiting United States was simply for marrying a US Citizen. Once a violation of visa regulation is recorded, it will be difficult if not impossible for the person to ever receive a K-1 visa or any other type of visa to the USA. It is best to make sure you understand the requirements of a fiancé visa.

What are the requirements for a fiancee visa?

1. You must be a U.S. citizen.

2. You have met your fiancee in person within the previous two years

3. Both you and your fiancee are legally free to marry.

4. You meet certain minimum income requirements.*

5. Your fiancee does not have a criminal record.

6. Your fiancee has not violated certain U.S. immigration laws.

Can my fiancee or potential fiancee enter the U.S. on a B-1/2 visitor visa to satisfy the personal meeting requirement described above?

If she is from a "third world" country or a country of the former Soviet Union, she will not be able to legally obtain a visitors visa to the U.S. If she is from a country such as England, Canada, Australia, etc., she will be able to enter the U.S. on either a visitor's visa or on visa waiver. However, she must still return to her country to obtain a fiancee visa if your intention is to marry her.

How long does it take to obtain a fiancee visa?

Can a fiancee visa be refused?

Yes, though if you and your fiancee are genuine and meet the requirements this should not happen. Of the thousands of fiancee visa petitions filed with the USCIS every year, only approximately 60% result in a fiancee visa ever being issued by the Embassies. Why the figure is so low? Of the 40% that do not make it, most are not denied but are terminated, by either the fiancee or U.S. fiance, because there were problems with either the USCIS or the Embassy that created long delays in the processing. So the timing is very essential in the fiancee visa process.

What is the best way to approach the fiancee visa process?

There are several ways you can approach the fiancee visa process:

1. You can attempt to handle the paperwork yourself.

You and your fiancee fill out all documents yourselves, send them to USCIS, and wait for the results.

2. You can use a so called "fiancee visa service" to assist you.

In this way you hire somebody to fill out the documents for you and your fiancee, send them to USCIS, and wait for the results. This is probably the least desirable method as the "services", although they may lead you to believe they are attorneys, are in fact not US Immigration attorneys. When a problem or delay occurs in the normal course of processing, they cannot represent you or your fiancee before the Immigration and Naturalization Service or with the appropriate U.S. Embassy. When they cannot provide immigration help, or are unwilling to do so, you have no one to complain to because they are unlicensed and unregulated. Especially, do not hire an agency overseas. Fiancee visas are processed according to U.S. law, not the laws of the country where your fiancee resides. "Foreign agents" outside the U.S. are nearly always a scam. Always ask for a license when hiring an immigration service.

3. You can hire a U.S. immigration law firm that specializes in fiancee visas.

Although this is the more expensive of the three approaches, if you want your fiancee with you in the U.S. with speed and certainty and with the least amount of hassles, delays, investigations or denials, this is certainly the way to go. In your search for a U.S. immigration law firm to handle your matter, it is important to find someone who has the knowledge and skill to work your case through the system in a timely manner to the successful issuance of the visa, and has the necessary experience and established connections.

Copyright © 2002 – 2004 – Annas Agency®

Annas Agency® is the leading and most respected Russian Marriage Agency. Annas Agency® is the first Russian Marriage Agency to be managed by a team of professional business experts. The owner is married to a Russian womanand is a respected business strategist. Successful efforts to regulate the industry led to the agency being case-studied by an A-rated US business school and led to an elite law enforcement agency forging a relationship with the marriage agency to fight corruption. Anna’s Agency® owns the Miss Russia World® Contest. Please go to http://www.annasagency.com for more information or write to info@annasagency.com