6/16/2022»»Thursday

Immigrant Dating In The Usa

6/16/2022

If you, as a United States citizen, decide to marry a person from another country, you probably have questions about that person's rights under the U.S. immigration laws. Some of the more common questions are addressed below.

Can I Marry a Non-U.S. Citizen?

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Yes, you can marry anyone you like, unless it happens to violate local laws. Some U.S. states, for example, don't recognize a marriage between close family members or people under a certain age. But such situations are rare. The person's immigration status (legal or not) has no bearing on whether your marriage will be recognized as legal.

Can I Marry My Gay or Lesbian Partner (of the Same Sex)?

Yes, as of 2013, when the U.S. Supreme Court overturned a piece of federal law called the Defense of Marriage Act (DOMA), same-sex marriages are treated like any other marriage for federal immigration law purposes. But you will still need to make sure that gay marriage is legally recognized in the state or country where it took place. This should not be a problem, since the supreme court ruled in Obergefell v. Hodges that no state may ban same-sex marriage. You will need to present a government-issued certificate of your marriage as part of the immigrant's application for U.S. lawful permanent residence (a green card).

Will My Immigrant Spouse Become a U.S. Citizen Automatically?

Sorry, but no. An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving many forms and documents. The immigrant can be refused entry if he or she is found inadmissible, perhaps because of a medical problem, criminal history, past immigration violations, or the U.S. immigration authorities' belief that the marriage is a fraud to get a green card.

After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship. (This assumes that you're still married and living together when the immigrant applies. If not, the waiting period changes to five years.)

We're Not Married Yet: How Can My Fiancé Get a Fiancé Visa?

A fiancé (K-1) visa grants permission to a non-U.S. citizen who is engaged to marry a U.S. citizen to enter the United States for the purpose of getting married. In order for your fiancé to get a K-1 visa, you will need to file a petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS).

If the petition is approved it will be forwarded to the U.S. consulate in the immigrant's home country for review. An interview with the applicant will be scheduled to take place at the consulate.

If all goes well at the interview, the visa (K-1) will be issued. Once the fiancé visa is issued, the immigrant has six months in which to use it to enter the U.S., and then another 90 days in which to get married.

Dating

It's best to get married early on if the immigrant wishes to apply to adjust status (get a green card), because you'll need an official government certificate proving the marriage in order to submit with the adjustment of status application.

To learn more about the K-1 visa, see the eligibility requirements and overview of the process.

Are There Any Regulations About Our Finances and Income Levels?

Yes, the immigration law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a green card. The U.S. citizen will need to fill out a Form I-864 Affidavit of Support, which proves the ability to support the immigrant at a level above the U.S. Poverty Guidelines. In fact, the citizen will need to promise the U.S. government to support the non-U.S. spouse for approximately ten years.

If the U.S. citizen doesn't have enough income and assets to support the immigrant at the required level, you might need to find a household member or other person in the U.S. to promise support. The immigrant's own assets can be counted, as well. But it won't help for the immigrant to get a job offer in the United States.

What If My Fiancé Overstayed a Visa or Is 'Out of Status'?

The process of helping a spouse immigrate is much easier for citizens than green card holders. That's partly because a visa is immediately available to the spouse of a citizen (who is an 'immediate relative,' in immigration law terms).

The combination of your status as a U.S. citizen and the fact that your spouse entered the U.S. with inspection (on a visa) as opposed to having crossed the border or otherwise evaded inspection by immigration officials, gives your spouse an important procedural right: to 'adjust status' in the U.S., that is, to file his or her green card application at an office of U.S. Citizenship and Immigration Services (USCIS) and attend his or her interview at a local USCIS office. All of this can be done regardless of the length of time the visa was expired, and without leaving the U.S. for a U.S. consulate. (In fact, you should avoid at all costs having your spouse leave the U.S. until receiving the green card, for reasons of the 'three- and ten-year time bars described next.)

Contrast that with the situation faced by spouses of lawful permanent residents. They are able to start the immigration process as soon they're married, by filing USCIS Form I-130, but that only puts the foreign-born spouse on a waiting list. Several years might then go by, during which the foreign-born spouse will be accruing 'unlawful presence' in the United States and could be picked up and deported at any time. Worse yet, when the wait is over and it's time to apply for a green card, the immigrating spouse will NOT be able to adjust status, but will have to leave the U.S. to attend an interview at a U.S. consulate. There, as punishment for time spent in the U.S. unlawfully, the spouse can be barred from return for three or ten years.

What Forms Do I Need to Complete?

That's a complicated question, the answer to which depends on various factors such as whether you're married yet, whether the immigrant lives in the U.S. or overseas, and if the immigrant lives in the U.S., whether he or she is actually eligible to use the procedure known as adjustment of status.

You can count on filling out several forms! You may want to consult an immigration lawyer to help you determine the best way to proceed.

Should I See a Lawyer?

If you're confused or intimidated by the information above, you've probably already got an idea of why contacting an immigration attorney might be a good idea. Immigration laws are notoriously complicated, and the application procedures involve a forest of paperwork and arcane rules.

The immigration attorney can help you:

  • figure out your spouse's basic eligibility for a visa or green card
  • make sure some bit of history or problem of status won't impact his or her right to apply for the green card
  • prepare the immigration forms and gather the correct documents
  • prove the legitimacy of your relationship and marriage, and
  • attend your immigration interview(s).

Unlike some types of attorneys, immigration attorneys often charge flat fees for basic services such as assistance with obtaining a marriage-based green card. That means you won't have to worry that the hours will tick by and you'll end up paying a million dollars in legal fees. Instead, you can price compare at the outset.

Of course, that doesn't mean you should go with the cheapest attorney you find. Make sure you sign up with an actual attorney (not a 'notary public' for example), who is experienced in these matters and who you're comfortable working with.

See our section on Using an Immigration Lawyer to learn more about finding, choosing, and paying an attorney.

The U.S. Embassy receives reports almost every day of fraud committed against U.S. citizens by Internet correspondents professing love and romantic interest. Typically, the Russian correspondent asks the U.S. citizen to send money or credit card information for living expenses, travel expenses, or “visa costs.” The anonymity of the Internet means that the U.S. citizen cannot be sure of the real name, age, marital status, nationality, or even gender of the correspondent. The U.S. Embassy has received many reports of citizens losing thousands of dollars through such scams. American citizens are advised never to send money to anyone they have not met in person.

The internet dating scams include some common elements:

  • Misrepresentation about the costs and requirements of a U.S. visa,
  • Claims that they must buy airline tickets only in Russia,
  • Use of professional models’ photos gleaned from internet web sites,
  • Sudden financial hurdles to leaving Russia,
  • Requests to send money only through a specific company,
  • A scan of a (usually fraudulent) U.S. visa to prove intent to travel.

Please keep in mind that, the U.S. Embassy in Moscow does not have the authorization to initiate investigations of these scams. Complete and authoritative information on applying for a U.S. visa is available on the Department of State’s webpage on Visa Information for Temporary Visitors.

FAQs about Internet Dating Scams

Based upon previous inquiries, the Embassy has created a list of Frequently-Asked-Questions (FAQs) with answers. Click on the questions below to be taken to the answer.

I’ve heard a lot about Internet dating scams. I would like to know whether this person I have met is for real, but all I have is his/her name and photo. Is this enough to find out if she exists?

Unfortunately, the U.S. Embassy cannot verify the identity of this individual, because Russia has strict laws protecting the distribution of information about Russian citizens. The embassy has information on foreign citizens only if a person has actually applied for services from the U.S. government.

I’ve heard there are blacklists of known Internet dating scammers. Does the U.S. Embassy have a blacklist? Where do I find a blacklist?

Although the U.S. Embassy does not maintain such a list, there are many Internet “blacklist” websites, where victims of scams have placed information and identities of people who have defrauded them. It may be helpful to perform an Internet search for such sites.

I think I have been scammed. I have sent this individual $2,000.00 and now I find out his/her visa is a fake. How do I get my money back?

We regret that the U.S. Embassy has no way of obtaining your money for you. We suggest contacting the money transfer agency or your credit card company to ascertain their policies in such cases.

I want to lodge a complaint with the Russian government and the U.S. authorities about being scammed. Can the U.S. Embassy help me? Who do I contact?

Because the U.S. Embassy is a diplomatic mission and not a law enforcement agency, you will need to go through the appropriate law enforcement channels, should you believe you are a victim of fraud. You may contact law enforcement authorities in your area. You may also visit the Internet Fraud Complaint Center hosted by the FBI at http://www.ic3.gov in order to file a complaint. For information on contacting law enforcement officials in Russia, you may try contacting the Russian Embassy in the United States at: www.russianembassy.org.

My foreign friend wants to come visit me but says that s/he must purchase insurance and have $300.00 in cash to show s/he can afford to travel. How much money are visitors required to show?

To receive a U.S. non-immigrant visa, applicants are not required to show cash or proof of insurance for travel.

For information on the current processing fee and how to apply for a visa, please visit the Non-Immigrant Visas Section of our website.

The individual I’m writing to says that s/he needs $1,000.00 to show for 'pocket' money' or the airline won’t let him/her board the plane. Is this true?

There are no Russian or American customs or airline regulations requiring travelers show proof of income or “pocket money” to travel to the United States.

Illegal Dating Sites

I would like to bring my foreign friend to the United States to visit and s/he says I must wire money for a ticket, but I don’t want to send it directly. If I send the money to the Embassy, can you buy the ticket for him/her? Can you recommend a travel agency I can send the money and have them buy the ticket?

Dating foreigners

The Embassy cannot suggest or verify the validity of private companies or organizations within Russia, nor can the embassy purchase tickets. Tickets can easily be purchased in the United States directly from the air carriers for Russian citizens. In addition, applicants are NOT required to have a ticket prior to the visa interview. In fact, applicants are counseled NOT to buy tickets or make arrangements until they have the visa in hand. Scammers will cite fictitious American or Russian regulations requiring that the tickets be purchased in Russia with cash in order to get the cash sent overseas.

My foreign friend says that s/he must go to a tour agency and pay $500 for a visa application and visa, and that it will take 2 months. Is this right? What is the procedure for Russians to get a tourist visa?

All visa applications are submitted to a Russian courier service — Pony Express — for delivery to the Embassy. The U.S. government charges a processing fee for each application. The courier service charges a delivery/handling fee. However, there are no additional fees, nor any requirements to show traveling money.

For information on the current processing fee and how to apply for a visa, please visit the Non-Immigrant Visas Section of our website.

Immigrant Dating In The Usa United States

Once an applicant submits their application, they are immediately scheduled for an appointment to appear for an interview within the following 10 days (or within 21 days during peak travel seasons). At the appointment at the Embassy, the applicant is interviewed by an American Consular officer and is immediately told whether he or she is eligible for the visa. If the decision is positive, the visa is sent to the applicant within 72 hours through Pony Express.

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More information about “romance” and other Internet scams can be found at: http://www.lookstoogoodtobetrue.com/fraudtypes/romance.aspx.