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Marry an American: what you need to know and what kind of visa to apply for

In the modern world, there are no longer borders, as such, people meet, fall in love and get married. In the world of the Internet, it is not difficult to build relationships and the question of moving to another country arises. In this case, the virtual becomes real. It turns out that it is not so easy to visit the USA or Britain. And even if the marriage has already been registered, this is not a ticket abroad, because you need a visa. Some of the most popular countries for immigration are the USA, Great Britain, Canada. In the US, they even make TV shows where foreigners marry Americans. Some people believe that marriage to a foreigner is a great way to immigrate, and therefore embassies are especially attentive to the documents of potential brides or wives.

Let’s look at the nuances of a US visa.

Everyone starts by visiting America and applying for a B1 / B2 visa, but, unfortunately, almost all applicants are refused due to the lack of confidence of the embassy that the person will not violate the rules of the visa. There are a huge number of people from all over the world who apply for such a visa and marry in the United States to stay there. However, there are a lot of people in the USA who themselves live there illegally, so they cannot make documents for a fiance/groom visa, since they themselves do not have a passport or a green card. Also, foreigners consider US citizens a great ticket to achieve the American dream and apply for visitor visas just to come to the US and “disappear”. A large number of scammers and people who want to get into the United States made the procedure for obtaining a visitor visa to the groom simply impossible.

If you want to meet to see if your relationship has a future, then the easiest way is to simply invite a US citizen to Ukraine, or travel together to Europe.

If you already have a visa and can travel to the US without any problems, it is better to apply for a K1 visa anyway.

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What does a K1 visa give?

The first is security. The documents of a potential spouse will be checked by the US Citizenship and Immigration Services (USCIS) and you will definitely not get to traffickers or scammers. The service will also check whether the person has enough funds, since the applicant will not be able to work before receiving a green card. The main thing is that when the applicant received a K1 visa and formalized the marriage, he has the right to receive a green card without problems, and the US citizen assumes the obligation to financial support for life. Therefore, the K1 visa is primarily the safety of the applicant. You will move to another country, you will not be able to work for about a year and therefore you must have guarantees for medical care and normal living conditions.

Applying for a K1 visa

An American citizen must file Petition I 129F with USCIS. When the petition is approved, it goes to the National Visa Center, and then to the Consular Section of Ukraine. As a rule, it is quite difficult to draw up documents for filing a petition on your own, so Americans use the services of immigration lawyers. It takes an average of 6 to 9 months to receive a petition.

When the petition is received, you can begin to draw up documents for obtaining a visa.

The procedure itself in Kiev takes about a month, as there is a rather long queue for a medical examination and the embassy has not yet resumed work due to the COVID-19 epidemic.

The applicant must submit a full package of documents to the embassy and pass an interview.

Once you receive your visa, you can travel to the US. The 90 day visa period starts from the day you arrive in the States. During this time, you need to get married and then you can already apply for a green card. Before obtaining a work permit, you are not allowed to work, if you do it illegally, you may be deported due to violation of visa rules. Therefore, you should not do this.

The waiting time can be used to get an education in the USA, as an American diploma gives many opportunities when choosing a job.
The US Embassy cares about the rights of people who have received a visa and issuing a special leaflet that contains social service numbers and explains rights and obligations.

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Is a prenuptial agreement okay?

Is it normal to be offered a prenuptial agreement? Mostly yes, because there will be additional protection in case of unforeseen circumstances. It is important to consult with a lawyer before signing this document so that all your interests are taken into account and guarantees and financial compensation are prescribed in the event of a divorce. If the level of English is insufficient, then you should use the services of an interpreter. The contract may contain various conditions for the division of property, child custody rights and financial support, etc. After all, this is a kind of document about safety and security, and not about someone planning a divorce.

If you got married on a B1 / B2 visa, you can be deported at any time and it will be almost impossible to get into the USA. Getting a K1 visa gives you protection, and this is very important if you live in another country. Yes, the procedure takes time, but at the moment, a B1 / B2 visa can also be obtained no earlier than November 2022, so is it worth looking for illegal options and putting yourself in danger?

 

1 Comment

  • Everything is very open with a precise clarification of the challenges. It was really informative. Your website is useful. Thanks for sharing!

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