Fiancee Visa 

Simply because your loved one has arrived on U.S. soil, it does not mean the foreigner can remain in the U.S. without first returning home. There are many U.S. citizens married to foreigners who reside all over the world, outside the U.S. The marriage itself is not a ticket to the U.S. Immigration processing is still required. Marriage to a U.S. citizen forms a basis for immigration processing, but that process is still required and must be done correctly before the foreign fiancee or foreign bride can reside lawfully in the US on a permanent basis.

If the foreigner entered the U.S. on either a K1 fiancee visa or K3 spousal visa, then the foreigner is welcome to remain in the U.S. and apply to become a U.S. permanent resident green card holder based on a marriage to a U.S. citizen.

If the foreigner came to the U.S. on any visa other than the K visa, then in most cases it is necessary and proper to return the foreigner home, and then bring her back on either fiancee K1 visa or spousal K3 visa. Each U.S. visa has a particular purpose and you should not run the risk of violating immigration rules and cause problems for your loved one by using a visa for the wrong purpose.

There can be certain times when it makes sense to try and process a case "State-side" without first returning the foreigner home. Your best choice in how to proceed depends on your situation. In order to advise properly we will need to know when the foreigner arrived in the U.S.; what type of visa she has; when her stay in the U.S. will expire; whether she has been out of status at anytime and, if married, when and where the marriage took place. We need the history before we can determine your options.

If your foreign fiancee or spouse is now in the U.S., or will be arriving shortly, we encourage you to call us and we will be glad to help determine the best course of action in your circumstance. (See also, "Do I need an Attorney?")

Illegal Immigrant

If your foreign fiancee or spouse entered the U.S. illegally or on a visa, but now his or her stay on that visa has expired, then you should not take steps without first consulting with a licensed and an experienced U.S. immigration attorney who specializes in this area of immigration law. There are a variety of different laws that come into play. It gets complicated. Each case is different. Moreover, you should be cautious since there are many "legal services" who will take advantage of the situation by charging excessive fees and then not performing services properly. Our law firm has been practicing marriage based immigration law exclusively for more than 17 years. We are licensed and qualified experts. If you will phone us we will be glad to answer any of your questions confidentially at no charge and see what can be done for you. We will also be glad to provide you with credentials upon your request.