Quote:
Originally Posted by BlackRedGold
a good friend married a girl he met in romania about a year and a half ago and has been trying since then to get her over here legally...it really is a joke, i don't know how they expect anyone to go through the mountains of paperwork, control numbers, and general bureaucracy that it has transformed into. [/B]
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That is nonsense. Someone sounds pretty lazy and uninformed
There are VERY clearly defined routes and structures that are within the INS to legalise marriages performed between a US citizen and a non citizen.
He should have checked it FIRST.
One way is go for the K-1 fiancee visa, which allows a 90 day time envelope in which the foreigner is admitted to the USA for the specific purpose to get married in the United States, followed by a time frame of about 2-3 years of living legally with a provisional legal residence card. (Temporary "green card" in effect)
You need to pay attention to the rules. For example, anyone in the USA on a 90 day K-1 Visa may NOT leave and re enter the USA while there on the K-1 Visa. It was issued for ONE ENTRY only, and that is that.
The American needs to show proof the person he/she will marry will NOT be a burden to the US taxpayers, submit tax records and other evidence, proof of income and the like.
The foreigner needs to be examined at the US embassy in their country, for general health, TB, venereal diseases and other things by a MD.
At the end of that 2-3 year time, there is another interview with the INS required, to make sure it was not a sham or fraudulent marriage (PLENTY of those).
At the desk of the INS officer interviewing, there is a video camera aimed at the applicants. If they give suspicious answers to questions, the INS officer can start running the camera whenever he wants.
If no fraud is detected, normally provisional legal residence then becomes permanent legal residence.
The other way, is if the marriage was performed between the US citizen and the foreign national in the country which is outside the USA.
In those cases, the US citizen MUST come home alone, while the process starts to bring the new spouse home to the USA legally.
It is somewhat different. Often it takes about a year or so.
But the process exists. It is there, and exists to be used. IF you pay attention, and follow the rules, you can get through it, usually without even an attorney needing to be employed by you.