Are you a soldier in the US military planning to get married to a non-citizen?

There are specific steps you can take to initiate the process and ensure they can stay in the United States legally.

Here’s a comprehensive guide to help you get started:

Determine the appropriate visa:

Since you plan on getting married in the United States, the recommended visa option would be the K-1 fiancé(e) visa. This visa allows your fiancé(e) to enter the US for the purpose of marriage within 90 days of arrival. Once married, your spouse can apply for adjustment of status to become a lawful permanent resident (green card holder). The K-1 visa allows your fiancé(e) to stay in the US legally while the adjustment of status application is being processed.

Familiarize yourself with the process:

It’s crucial to understand the requirements and procedures involved in obtaining a K-1 visa. You can find detailed information on the official website of the U.S. Citizenship and Immigration Services (USCIS) at www.uscis.gov.

Petition for the K-1 visa:

As a US citizen, you must file a Form I-129F, Petition for Alien Fiancé(e), with the USCIS. This form establishes your relationship and intention to marry. Along with the form, you need to provide supporting documentation such as evidence of your US citizenship, proof of your relationship with your fiancé(e), and other required documents as specified by the USCIS.

USCIS processing:

After filing the petition, the USCIS will review the application and supporting documents. They may request additional evidence or conduct an interview if necessary. The processing time for the petition can vary, but it typically takes several months. You can check the USCIS website or contact them directly for current processing times.

National Visa Center (NVC) and Consular Processing:

Once the USCIS approves the petition, it will be forwarded to the NVC, which will process the case and schedule an interview at the US embassy or consulate in the Czech Republic. Your fiancé(e) will need to complete various forms and submit supporting documents to the NVC. The embassy or consulate will then schedule an interview to assess the eligibility of your fiancé(e) for the K-1 visa.

Medical examination and visa issuance:

As part of the visa application process, your fiancé(e) will need to undergo a medical examination conducted by an approved panel physician. The embassy or consulate will provide instructions on scheduling the examination. If your fiancé(e) passes the medical examination and the interview, the K-1 visa will be issued.

Marriage and adjustment of status:

Once your fiancé(e) arrives in the United States on a K-1 visa, you must get married within 90 days. After marriage, you can apply for adjustment of status on behalf of your spouse using Form I-485, Application to Register Permanent Residence or Adjust Status. This will allow your spouse to become a lawful permanent resident (green card holder).

Timeline:

It’s important to note that the overall timeline for the process can vary based on individual circumstances, USCIS processing times, and other factors. According to recent information, the average processing time for a K-1 visa can be around 17.5 months, excluding possible delays.  )Here is a resource explaining more about getting a Marriage Green Card for a Military Spouse.) However, it’s advisable to regularly check the USCIS and Department of State websites for the most up-to-date processing times.

While it’s not possible to significantly expedite the overall process, there are a few things you can do to ensure a smoother and faster experience:

Thoroughly prepare your petition:

Incomplete petitions can delay the process or even stop it.  Make sure you answer all the questions.

Familiarize yourself with the requirements:

Understand the eligibility criteria and documentation needed for a K-1 visa. The U.S. Department of State provides comprehensive information on its website. Ensure you meet the necessary qualifications and gather all the required documents.

File the petition accurately:

Start by filing a Petition for Alien Fiancé(e), Form I-129F, with U.S. Citizenship and Immigration Services (USCIS). Ensure that the form is filled out correctly and provide all the necessary supporting documents.

Stay informed about any updates or changes:

Stay updated on any changes in K-1 visa processing procedures and requirements. Check the website of the U.S. Embassy or Consulate where you plan to apply for the latest information.

Attend the visa interview:

Once your petition is approved by USCIS, you will need to attend a visa interview at the U.S. Embassy or Consulate in your home country. Be prepared for the interview by reviewing the specific instructions provided by the embassy or consulate.

Provide accurate and complete documentation:

Ensure that you have all the required documentation for the interview, including proof of your relationship with your U.S. citizen fiancé(e), financial support, medical examination records, and any additional documents specified by the embassy or consulate.

Communicate effectively:

During the visa interview, clearly and honestly communicate with the consular officer. Answer questions confidently and provide any requested information or clarification promptly.

Follow post-interview instructions:

After receiving the K-1 visa, carefully review any instructions provided by the consular officer regarding entering the United States, adjusting your status, and other relevant information.

Seek legal assistance if needed:

If you encounter any complex issues or require guidance throughout the process, consider consulting an immigration attorney or seeking legal advice to ensure accurate completion of forms and adherence to all requirements.

Final Thought:

Remember that processing times may vary, and factors such as the volume of applications and individual circumstances can influence the timeline. It’s advisable to start the process well in advance and be prepared for potential delays.

Please note that the information provided here is a general guide, and it’s important to consult official sources and seek professional advice for personalized assistance with your specific situation.