“I want to marry my American fiancé”
My fiancé is an American citizen who lives in New Jersey. He has never visited Jamaica. We want to get married but I am worried that it will be hard for me to get a green card.
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You did not state what your main concern was about getting a green card. I also assume that you do not have a visa to enter the US.
One option is for your fiancé to apply for a K visa for you. This will allow you to go to the US and marry him within 90 days. You will then file to change your immigration status to a conditional permanent resident. A year and nine months after you get the green card you can file to get the ten year card. A spouse of a US citizen can apply for US citizenship after three years of receiving a green card. It depends on whether you are still married and living together.
A fiancé visa is for people who know each other well. It is not for the purpose of going up to check out your fiancé to see if you want to marry him. Nor is it for the purpose of going up to see whether you like living in the US. You must marry the person who applied for the K visa.
The processing time for both a fiancé K visa and a green card application for the spouse of a US citizen living in Jamaica is nine (9) months to a year. It is a quicker option to marry in Jamaica and have your green card filing start right after.
Both options require you to prove your relationship and provide evidence. This will be very difficult if your fiancé has never met you personally.
Keep all proof of communication between yourselves of visits, photographs, copy passport pages, receipts etc. If you choose to get married in Jamaica, document your wedding. Phone records, print- out of emails or other electronic communication can be used. Many persons also use social media etc. to enhance their long distance relationship. If you own anything together, like bank accounts etc., that is relevant. Generally, the burden is on you to prove to the US immigration that you have a genuine relationship or marriage.
The Embassy will require proof that your fiancé can support you financially in the US.
I wish you all the best.
Charmaine Smith Bonia is a lawyer and member of the Florida and Jamaican bars and the American Immigration Lawyers Association. She practices real estate, probate, family and civil law in Jamaica. Her offices are located at Point Plaza in Ocho Rios, St. Ann and 1 Cecelio Avenue in Kingston. Email [email protected]. This column appears every fortnight in The Times.
