A foreign national planning to marry a U.S. Citizen (USC) may be able to bring his or her fiance(e) and fiance(e)’s minor children into U.S. under the K-1 and K-2 nonimmigrant visa respectively. If the foreign national marries that USC after admission into the United States, he or she and in certain situations their children also, may seek permanent residence by filing for Adjustment of Status. The marriage must have occurred within ninety days of such admission although it doesn’t always happen this way.
However, before using this visa to enter United States, foreign nationals must weigh the pros and cons of their situation and contemplate the possibility of changes in the circumstances that may prevent them from ever marrying the petitioner. The condition of marrying the petitioning USC is mandatory. Failure to take appropriate steps often results in separation of families.
On the other hand, a foreign national may find himself or heself in a relationship with an abusive USC fiance(e) thinking that the only alternative is “to leave the country if they had to leave the abusive spouse.” Immigration Law treats victims of abuse with compassion, it’s a lesser known fact.
Often, the foreign national spouse may feel forced to stay in a relationship ridden with abuse for lack of resources to free himself or herself from the situation and seek help. The victims of domestic violence and their dependents can self petition for their immigration status. However, these people seldom seek help because of lack of awareness of their rights.