Immediate Family Members

Persons who are married to, engaged to, or adopted by U.S. citizens can be admitted without waiting for a visa through the lottery system. Once the federal government approves their petition, they can enter, although there are still complex procedures to follow. If you are adopting or marrying a person from another nation, you should contact an attorney with experience in immigration law. They can be extremely helpful in getting your immediate family entrance and legal status.

To bring a spouse into the United States, you must file a visa petition on your spouse's behalf with Citizenship and Immigration Services, and have the visa approved. What happens next depends on where your spouse is when the visa is approved: If your spouse is outside the United States, your spouse can complete the process for an immigrant visa at the nearest U.S. consulate. If your spouse is inside the United States, he or she may apply for status as a legal permanent resident.

If you have been married less than two years, your spouse's permanent resident status is conditional. You must prove that the marriage was not contracted in order to circumvent immigration law. Also, your spouse will face deportation if you fail to file Form I-751, Petition to Remove the Conditions on Residence, within 90 days of your spouse's second anniversary as a resident. It is extremely important to maintain contact with an immigration attorney throughout this period who can advise you on changing laws and make sure you remain in compliance with federal immigration law.
If you are planning to marry a foreign person, you must file a petition on behalf of your fiance(e) before he or she enters the United States. You and your fiance(e) must be single, and you must have met in person before filing for your fiance(e)'s visa. You may be exempted from this requirement based on hardship or traditional custom. If you and your fiance(e) do not marry within 90 days, your fiance(e) must leave the United States. Federal law does not recognize same-sex marriage as qualifying for a marriage visa.

If you wish to adopt a foreign child, you may file a Form I-600A, Application for Advance Processing of Orphan Petition, even before identifying the child you wish to adopt in order to save time on the process. If you are a U.S. citizen, you and your spouse can file this petition. You can file if you are unmarried, if you are at least 25. Once you have identified a child that meets the definition of "orphan" from the Immigration and Nationality Act, you may file Form I-600, Petition to Classify Orphan as an Immediate Relative in order to bring your adopted child into the United States.
The importance of sound legal advice when bringing your new child, fiance(e) or spouse into the United States cannot be overstated. If you are bringing your immediate family into the country, you should seek the counsel of an experienced immigration law attorney.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

Copyright © MMVII JAKOBIE

If you would like to schedule a initial consultation contact an Iowa immigration attorney, representing clients in Davenport, Iowa at the Day Rettig Piffer, P.C.. Give us a call at (866) 472-3270 or email us at info@drpjlaw.com