06-16-2004, 06:24 AM
Marrying a non-US Resident/Citizen
If you intend to marry someone who is not presently living in the United States, you MUST be able to demonstrate to the INS that you have met in person at least one time in order for him to be eligible for a K-1 (fiance) visa. This usually means that you have to make a trip overseas to meet the brother. Mail order and arranged marriages will not work with this situation.
Expect to have your life come under heavy scrutiny by the INS. The INS may employ home visits, and requires you to visit their offices or an embassy (if you are overseas) for at least one interview. They may nose around and ask your neighbors and relatives about you and your comings and goings. You must also be prepared for the possibility that his entry or conditional residence will be restricted to the point where he is not given a work permit, thereby requiring you to go out and work while he is at home, although this usually doesn't happen.
When petitioning for the K-1 visa, you may also petition for a K-2, which is a dependents visa. Beware of those who want to bring over "dear old mother" and a few siblings on a K-2 visa right away. It is my understanding that as the sponsor, you will be legally responsible for all those dependents who are on a K-2 visa. This includes his children from any previous marriages, his mother, his younger brother, his cousin, whoever.
Finally, when marrying someone who does not have papers, and who will gain them through you, take the time and trouble to find out whether or not he has a wife and family back home. It may cost you money and it may take you some time, but it can save you a lot of heartache in the end. This is another time when a trustworthy wali comes in handy.
Because immigration laws can change drastically and quickly, I urge you to consult a lawyer and / or read up on the latest rulings regarding American citizens married to non-status foreigners or visa (but not residency) holders before you contract a marriage with such a man.