Posts Tagged u.s. citizenship and immigration services

Marrying an American Citizen During Your Visit United States

What happens if you find an American soul mate?

It is happening all the time. A man or woman comes to the United States for touristic purposes and falls in love with an American citizen. What is also happening is a man or woman decides to marry and comes to the U.S. with a tourist visa. Big difference!

It is illegal to come to the United States with tourist visa to get married

Here’s what happened: Gloria, a young attractive girl from Venezuela starts chatting with Paul, an intelligent new graduate American working for a Fortune 500 company in Chicago. Paul flies to Brazil for business and takes a few days of his annual leave to go to Venezuela to meet Gloria for the first time.

Paul proposes to Gloria on his last day in Venezuela. They decide to get married in July, two months later. Considering that getting a tourist visa would be easier and simpler, Gloria applies for a tourist visa from the consular section of the Embassy of the United States in Caracas.

Responding to custom officer’s question for her stay in the United States, Gloria tells that she will stay at Paul’s home and get married in few weeks. That’s the end of Gloria’s story! The U.S. Customs Officer asks her to go back to her country with the first flight. That was a nightmare for Gloria. What she didn’t know was the fact that one cannot use tourist visa for any other purpose, including for getting married in the United States. What a costly mistake!

Christina gets married an American citizen while on a tour to Las Vegas

In contrast to what happened to Gloria, Christina successfully gets married in Las Vegas without knowing anything about immigration laws. After getting back to Las Vegas from Grand Canyon trip, Christina meets David who was sitting next to her at Cirque du Soleil show. Accepting David’s offer to have dinner, they fall in love to each other. Two days later, Christina and David get married in Las Vegas.

Legitimate use of tourist visa

Christina stayed in the United States with no problem as she didn’t know that her touristic visit would result in a marriage. So, she did not face any legal problem. David requested certified translation of Christina’s birth certificate in order to apply for Green Card for her. Christina received her labor certification in 35 days, allowing her to legally work in the United States. Christina was invited to have her photograph and fingerprints taken at local immigration office. Now, they are waiting for an interview at U.S. Citizenship and Immigration Services (USCIS).

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Marriage Certificate Translation for U.S. Immigration

U.S. Citizenship and Immigration Services Requirements for Married Couples

You must have a marriage certificate or marriage license if you are married. If you re-married, then you need to present one of the following documents:

  • Divorce decree. Make sure that you have the finalized copy after right to appeal was exercised or waived.
  • Death certificate if previous spouse died.
  • Annulment certificate.

What happens if you are married but don’t have marriage certificate?

If are married but lost your marriage certificate, then you need to obtain a document from the official agency stating the case with official seal/stamp and signature. You may also get an affidavit from relatives or friends who have witnessed your marriage and this affidavit must be executed before an official agency.

Some countries, such as India, issue non-availability of marriage certificate (as well as birth certificate) in cases where marriage has not been officially recorded.

Who issues divorce decrees?

In many countries, including China, Russia, and in most Christian counties, courts handle divorces cases and issue divorce decrees for dissolution of marriage union. Some courts require passage of certain period of time before deciding on divorce or separation of marriage.

In most Muslim countries, Religious or Sharia Courts issue divorce decrees.

Marrying American citizen to get your Green Card faster

Many citizens of other countries get their permanent resident visa by marrying a U.S. citizen. The U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) scrutinizes such marriages carefully non-immigrants who have to leave the United States get married fast, or marriage creates some doubts if married persons are not living together.

If you are married an American citizen, it will help if you arrange a wedding attended by the relatives, especially the relatives of the U.S. citizen, joint tax returns that you filed, receipts and utility bills, and bank accounts carrying both of your names. Having a joint child also helps in getting your Green Card.

You need to get certified translation of your marriage certificate into English

If your original marriage certificate is not in English language, then you need to submit “certified” translation of your  marriage certificate into English language to submit to the USCIS.

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How long does it take to get fiancé visa (K-1)?

Purpose: You need K1 visa to bring your foreign fiance to get married and living in United States.

USCIS Form: As a U.S. citizen, you make your petition by filing I-129F form with U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization ServiceINS) office near you. USCIS office sends your petition to National Visa Center (NVC) upon approval. NVC sends it to consular section of U.S. Embassy in the country where your fiancé lives. Consulate officer contacts your fiancé and asks you fiance to apply for K-1 visa.

How long does it take? It takes two months if you lucky (workload of the consulate office is not heavy). In normal circumstances, it takes from two to six months.

U.S. embassy in your fiance’s country tries to help your fiancé as much as possible as a service to you, an American citizen.

How does fiancé visa process work?

Documents that your fiancé submits: birth certificate, valid passport, police clearance report, divorce decree or death certificate if your fiancé married before, medical examination report from doctors/health clinics listed by the embassy, two passport photographs, evidences that show that you are in a fiancé relationship in the past.

These documents must be accompanied with b (Non-Immigrant Fiancé Visa Application Form), DS-156K (Non-Immigrant Fiancé Visa Application), and Form I-134 (Affidavit of Support) that you will prepare and send.
Your fiancé goes through an interview at consular section of U.S. embassy and submits these documents and forms. Consular officer returns the originals after reviewing them and retaining the photocopies.

Please note that this information is obtained from our clients who asked us to have their documents translated into English and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS). This is not a legal advice or a part of legal services. You need to check with an immigration attorney to get legal advice on this and other immigration matters.

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