跨越国界坠入爱河- 2015年3月
They say 你无法控制自己爱上谁, 即使在最好的情况下，爱情也是复杂的. 当爱情跨越国界时，事情变得更加复杂. The United States immigration and nationality laws govern the legal processes for foreign nationals who desire to live and work in the United States, including specific rules and requirements for fiancé(e)s and spouses of U.S. citizens.
无论你是一个美国人.S. 在国外生活或旅行时遇到生命挚爱的公民, or became involved with a foreign citizen visiting or temporarily living and/or working in the United States, you need to proceed carefully in order to maximize your chances of successfully applying for and obtaining lawful permanent resident (“green card”) status for your partner. Different processes are involved depending on whether your fiancé(e) or spouse is abroad or already in the United States when you decide to file a petition on his or her behalf.
场景1:你的未婚夫(妻)或配偶在国外
When 你的另一半在国外, you have two choices: 1) file for a K-1 fiancé(e) visa and get married within 90 days of your significant other’s entry into the United States, or 2) get married abroad and file an immediate relative immigrant petition for consular processing. 而选项1通常更昂贵, the fiancée petition is typically processed faster which means less time for the couple to be apart. It also has the advantage of giving the couple more time to be together before marriage to make sure this is really what they want to do.
在第一种选择下，美国将采取行动.S. citizen petitioner files a fiancé(e) petition at the appropriate USCIS location in the United States, 是什么建立了当事人之间的关系. 双方当事人在提交申请时必须已经订婚或结婚, must state their intention to marry within 90 days of the fiancé(e)’s entry to the United States, and must show that the parties have seen each other in person within the previous two (2) years (with some very limited exceptions).This first option also provides more time for the couple to decide if marriage is really the right option for them. 如果你看过TLC的节目《皇冠搏彩APP下载》, 这种延长求爱期的好处是显而易见的. And, 如果关系没有按计划发展, it is far easier to break things off before getting married and the former fiancé(e) will simply have to depart the United States before the expiration of the 90 days.
在第二种情况下，双方结婚.S. citizen spouse files an immediate relative petition for consular processing, which establishes that the parties are lawfully married and in a bona fide relationship. 一旦申请被批准, the case is referred through the National Visa Center for further processing and then on to the designated Embassy or Consulate for interview and issuance of the immigrant visa. 配偶以合法永久居民身份进入美国. 近年来, immediate relative processing has been painfully slow and followed by sometimes even longer processing times at the National Visa Center. However, 一旦处理完成, the spouse then enters the United States as a lawful permanent resident (or as a conditional permanent resident if the marriage is less than two years old at the time of entry into the United States).
Scenario #2: Your fiancé(e) or spouse is in the United States and entered legally (with inspection)
For a U.S. citizen whose fiancé(e) or spouse is already in the United States pursuant to a lawful entry (entry with inspection), 这个过程通常很简单. Since there is no category for a fiancée who is already in the United States, the couple will need to be lawfully married before filing an immediate relative petition. 一旦这对夫妇结婚，美国政府就会采取行动.S. citizen spouse concurrently files an immediate relative petition along with an application to adjust status and the spouse may remain in the United States while the case processes through USCIS. It is critical to have proof of an ongoing and bona fide relationship to satisfy USCIS that the marriage is not for the sole purpose of obtaining immigration benefits.
Scenario #3: Your fiancé(e) or spouse is in the United States and entered illegally (entered without inspection or “EWI”)
如果您的配偶未经检查进入, he or she may be eligible for a provisional waiver of unlawful presence grounds of inadmissibility only. 临时豁免书, if approved, allows the spouse to remain in the United States while the waiver is processed and wait until the waiver is approved before leaving the United States for the consular interview. 豁免程序非常复杂，超出了本文的范围.
在所有情况下, a bona fide marriage between the parties is required in order for the alien fiancé(e) or spouse to obtain lawful permanent resident (“green card”) status. The #1 most important thing under all scenarios is to avoid any misrepresentations or false statements on any application or to any government official.
作者附言: 每个案例都是具体事实，结果永远无法保证. 这件作品涉及到一个美国人.S. citizen petitioner and is only intended as a general overview of the processes involved. 如果你是美国公民，可能会适用不同的标准.S. lawful permanent resident and seek to petition for permanent residence for your foreign spouse.