While the idea of ordering a partner off the internet may not appeal to all of us, it certainly appeals to some. The number of agencies that offer such a service indicates there is a burgeoning market for mail-order brides, highlighting a legal question about how they come to stay with their new husbands.
Since the recession began in 2008, our doors have pretty much been tightly closed. Immigration is heavily restricted and only the most valuable immigrants are allowed in, and only after a lengthy consultation and bureaucratic process.
So how does one get a mail-order bride into this country?
To enter the United States, the bride must obtain a K-1 visa. She may be your wife-to-be, but she is also an immigrant, and will be treated as such in the eyes of the law. Currently, you will need form I-129F, with the United States Citizenship and Immigration Services (USCIS) office that has jurisdiction over where you live.
You will need to prove that you are a legal US citizen, that neither of you are married, and that you have an existing relationship between you and your bride-to-be. In the eyes of the law, proving a previous relationship will involve demonstration of contact between the two parties. That can be letters, emails, airline tickets, boarding passes, passport stamps and other correspondence. The law requires two years’ worth of evidence to consider a K-1 visa.
Once the visa is approved thanks to your awesome lawyer, the future bride will be required to provide a range of information and evidence that she is who she says she is, has no criminal record and supporting documents. These documents include; a valid passport, birth certificate, divorce or death certificate for any previous spouse, police certificate from all places lived since age 16, medical examination, vaccination records, evidence of financial support, proof of valid relationship with the petitioner and photographs.
The consular officer managing the case will do legal checks and ensure the person and the application is genuine. This could take a few weeks, so patience is a virtue, like any aspect of the law.
Entry
Once the visa is approved, you must marry within 90 days of her entering the country. Failure to do this results in her deportation, and probably the end of the relationship. At the best of times, reapplication is viewed dimly, now that’s even more true.
Once married, your new wife is classified as an alien spouse. Immediately after marrying, you should apply for an Adjustment of Status, Form I-485, for your wife to become a permanent resident. They will also need to apply for a work permit, to allow them to work legally.
The K-1 visa process can be a long and drawn out one. It is relatively easy if you and your intended follow the rules and keep up with the required documentation. It’s easier still if you use one of the many immigration lawyers around. They can do in moments what it might take you days to achieve.
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