Eligibility Requirements Archives - Fresno Immigration Attorney

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

In general, you may qualify for naturalization if you have been a permanent resident (green

card holder) for at least 3 years, have been living in marital union with the same U.S. citizen

spouse during such time, and meet all other eligibility requirements under this section.

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization

regardless of their time as permanent residents.

General Eligibility Requirements

● Be 18 or older
● Be a permanent resident (green card holder) for at least 3 years
● Have been living in marital union with the U.S. citizen spouse, who has been a U.S.

citizen during all of such period, during the 3 years immediately preceding the date of filing

the application and up until examination on the application
● Have lived within the state, or US district with jurisdiction over the applicant’s place of

residence, for at least 3 months prior to the date of filing the application
● Have continuous residence in the United States as a lawful permanent resident for at

least 3 years immediately preceding the date of filing the application
● Reside continuously within the United States from the date of application for

naturalization until the time of naturalization
● Be physically present in the United States for at least 18 months out of the 3 years

immediately preceding the date of filing the application
● Be able to read, write, and speak English and have knowledge and an understanding of

U.S. history and government (civics)
● Be a person of good moral character, attached to the principles of the Constitution of

the United States, and well disposed to the good order and happiness of the United States

during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including

the military, or other qualifying employer, whose spouse is stationed abroad in such

employment for at least 1 year, may be eligible for naturalization

In general, a spouse of a U.S. citizen employed abroad must be present in the United States

pursuant to a lawful admission for permanent residence at the time of examination on the

naturalization application and at the time of naturalization, and meet of all of the

requirements listed above except that:

● No specific period as a permanent resident (green card holder) is required (but the

spouse must be a permanent resident)
● No specific period of continuous residence or physical presence in the United States is

required
● No specific period of marital union is required; however, the spouses must be living in

marital union.

Note: You must also establish that you will depart abroad immediately after naturalization

and that you intend to reside in the United States immediately upon the termination of your

spouse’s employment abroad.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship

The United States has a long history of welcoming immigrants from all parts of the world.

America values the contributions of immigrants who continue to enrich this country and

preserve its legacy as a land of freedom and opportunity.

Deciding to become a U.S. citizen is one of the most important decisions in an individual

’s life. If you decide to apply to become a U.S. citizen, you will be showing your

commitment to the United States and your loyalty to its Constitution. In return, you are

rewarded with all the rights and privileges that are part of U.S. citizenship.

You may become a U.S. citizen either at birth or after birth. Individuals who are born in

the United States and subject to the jurisdiction of the United States and individuals

born in certain territories or outlying possessions of the United States are citizens at

birth. Also, individuals born outside the United States may be citizens at birth if their

parent or parents were citizens at the time of birth and other requirements are met.

Additionally, you may become a U.S. citizen after birth either through your parents,

known as “derived” or “acquired” citizenship, or by applying for naturalization on your

own.

Citizenship Through Naturalization
Generally, permanent residents (green card holders) age 18 or older who meet all

eligibility requirements for naturalization. Application for Naturalization. For more

information, see the “Citizenship ” link to the top.

Citizenship Through Parents
If eligible, you can “acquire” or “derive” U.S. citizenship through a qualifying U.S. citizen

parent(s). For more information, see the “Citizenship ” link to the top.

The Naturalization Test
Most naturalization applicants are required to take a test on English, and U.S. history and

government. We provide resources to help you prepare. For more information, Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Citizenship for Military Members and Dependents
Members and veterans of the U.S. armed forces and their dependents may be eligible for

special naturalization provisions. See the “Greencards” link to the top.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Through Naturalization by Immigration Attorney in Fresno

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements
established by Congress in the Immigration and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent
resident (green card holder) before filing. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

You have been a permanent resident for at least 5 years and meet all other eligibility requirements.
You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

How to Apply for Naturalization Prepare for taking the naturalization test before you apply. We have educational materials and resources to help you prepare.

Note: You may already be a U.S. citizen and not need to apply for
naturalization if your biological or adoptive parent(s) became a U.S.
citizen before you reached the age of 18. For More Information,
Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Email

"My family member recommended Attorney Phillip Kim. My whole experience with Attorney Kim's office was pleasant. Attorney Kim was thorough in preparing my case and assured me answering all of my questions throughout the process. I got my Green Card in a little over 3 months from filing and the entire process took less than one year. I would definitely recommend Attorney Phillip Kim to anyone who wants to fix their immigration status." Gina & Edgar from the Central Valley

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“I am a REGISTERED NURSE. We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA, RN and Family; Fresno, CA.

"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.

“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.

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Fresno Immigration Attorney

Tag Archive Eligibility Requirements

Fiancé(e) Visas by Immigration Attorney in Fresno

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

Citizenship

Citizenship Through Naturalization by Immigration Attorney in Fresno

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