Can my girlfriend move to the USA with me?

Navigating Immigration Options for Non-Citizen Partners in the USA

The United States immigration system has specific regulations for non-citizen partners seeking to reside in the country. Marrying or becoming engaged to a US citizen becomes the primary path for these individuals. This article will guide you through the essential steps involved in this process.

Legal Relationships for Immigration Purposes

US immigration recognizes only legally established relationships, such as marriage or fiancé status. Non-citizen partners living in common-law marriages or other unmarried relationships are not eligible for immigration benefits.

Filing an I-130 Petition

Initiating the immigration process involves filing an I-130 petition, officially known as the Petition for Alien Relative. The US citizen partner must submit this form to the United States Citizenship and Immigration Services (USCIS). The petitioning citizen becomes the sponsor, financially and legally responsible for the non-citizen partner once they arrive in the US.

Supporting Documentation

The I-130 petition requires substantial supporting documentation to prove the validity of the relationship. These documents may include marriage certificates, birth certificates, joint financial accounts, and photographs, among others.

Conditional Residency for Fiancés

Non-citizen fiancés who plan to marry within 90 days of entering the US can apply for a K-1 visa. Once they arrive, they must file for spousal status within this time frame and provide proof of marriage. Failure to do so may result in removal from the country.

Path to Permanent Residency

Upon approval of the I-130 petition, the non-citizen partner can file for adjustment of status to obtain permanent residency in the US. This involves an interview with an immigration officer who will verify the authenticity of the relationship and the applicant’s eligibility.

Conclusion

Navigating the immigration process for non-citizen partners requires careful planning and compliance with US immigration laws. By establishing a legally recognized relationship, filing the necessary paperwork, and providing supporting documentation, individuals can pave the way for their loved ones to join them in the United States. It is strongly recommended to seek professional legal counsel to ensure a successful outcome.