According to a report issued by the U.S. Department of Homeland Security (DHS) in August 2018, more than 700,000 foreign visitors remained in the US beyond their required exit date in fiscal year 2017. This figure represents 1.3% of the 52.7 million individuals who entered the US via an airport or seaport and were expected to depart by September 30, 2017 (excluding land crossings from Canada and Mexico).

DHS defines an overstay as a nonimmigrant who was lawfully admitted to the United States for an authorized period but remained in the U.S. beyond his or her authorized period of admission. When a nonimmigrant arrives in the U.S., their allowed length of stay will be specified on their Form I-94 Arrival/Departure Record.

Overstay Rates Vary Significantly by Country and Type of Visa

Countries participating in the Visa Waiver Program (VWP) had an overall overstay rate of 0.5% compared to 1.9% for non-VWP countries. 

Given the long waiting times for U.S. family immigration visas, many people wonder if they can visit their family in the United States while their visa application is pending. The short answer is yes, but as explained below, visits require advance planning.

The Waiting Time for an Immigration Visa Can Be Months or Years

The estimated processing times for Form I-130 petitions for family immigration are currently:

• Five to seven months for a spouse or child under age 21 of a U.S. citizen or permanent resident, or a parent of a U.S. citizen. 
• 67 to 87 months for a U.S. citizen or permanent resident filing for an unmarried child over age 21.
• 71 to 92 months for a U.S. citizen filing for a married child over age 21.

The wait is much shorter for the first category, because there are no annual limits on visas for immediate relatives of U.S. citizens, while there are quotas for the other categories shown above. Wait times are for September 2018 at the Vermont USCIS service center.

Are you planning a wedding between an American citizen and a citizen of another country? If you intend to make your permanent home in the United States, the foreign citizen will need to apply for a visa to enter the U.S. There are two ways to accomplish this:

• Apply for a K-1 fiancé visa, then marry in the U.S.
• Marry abroad, then sponsor the foreign spouse’s immigration through an IR-1/CR-1 visa. 

Before deciding which path to take, consider the following:

Bringing a Fiancé to the U.S. on a K-1 Visa 

• A K-1 temporary (nonimmigrant) visa allows a foreign-citizen fiancé to enter and remain in the U.S. for 90 days, during which time they must get married. 
• The U.S. citizen must first file a petition for the visa by mail. Later, the foreign citizen must complete an online application form and attend an in-person interview that is intended to prove that a bona fide relationship exists. 
• You must also provide proof (such as travel and hotel receipts and date-stamped photographs) that you and your fiancé have met in person at least once. 
• While there is no annual quota limit on K-1 visas, processing can take six or more months. 
• Once married, the non-citizen spouse can remain in the U.S. but must apply for an adjustment of status to become a lawful permanent resident. 

Bringing a Spouse Married Abroad to the U.S. on an IR-1 Visa

• Before planning to marry in another country, check that country’s specific requirements for marriage. For example, you may need to establish residency in that country for a certain period of time. 
• When a Connecticut citizen is married in a foreign country, the state will recognize the marriage as valid as long as both parties would be legally allowed to be married in Connecticut, and the marriage is legally valid in the country where the marriage occurs. 
• When applying for a spouse immigration visa (IR-1/CR-1), you must provide a copy of your marriage certificate. You must also submit “clear and convincing evidence” that you have a bona fide marriage and that you “entered into the marriage in good faith and not for immigration purposes.”
• If you have already been married for at least two years, the non-citizen spouse will receive an IR-1 (immediate relative) visa, which is good for ten years.
• If you have been married for less than two years, the non-citizen spouse will receive a CR-1 (conditional residence) visa, which is good for two years. During the ninety days prior to the expiration of the CR-1 visa, you must apply jointly to remove the conditional status, converting the CR-1 to an IR-1. 
• While there is no annual quota limit on IR-1/CR-1 visas, visa approval can take six to twelve months. Once the visa has been issued, the immigrant must enter the U.S. within six months.

Consult a Fairfield County Spouse Immigration Attorney

If you want to bring your foreign-citizen partner to the U.S., Gonzalez Law Office, LLC can help you decide which type of visa to apply for and work with you to navigate the complex immigration process. Attorney Hector Gonzalez,  a Stamford, CT family immigration lawyer, has been serving the immigration needs of families for over 15 years. Contact us at 203-323-1440.

When a U.S. citizen wants to help other family members immigrate to the United States, being denied a family-based visa can be heart-wrenching. This bad news can be difficult to bear after the months spent waiting for approval and fearing the possibility of denial. The good news is that an initial denial can often be overcome.

Common Reasons for IR and F Visa Denial 

Insufficient documentation to prove the required spousal, parent-child, or sibling relationship is a common reason for denial of a family-based visa.

For an Immediate Relative (IR) visa, the sponsor must be a U.S. citizen, and the applicant must be the sponsor’s spouse, unmarried child under age 21, parent, or an orphan being adopted. 

There are many paths by which a foreign national may immigrate and become a lawful permanent resident of the United States. The Immediate Relative (IR) visa is one of the easier paths, because there is no limit to the number of IR visas that may be issued by the U.S. government each year.

A U.S. citizen or lawful permanent resident (LPR) may sponsor the following Immediate Relatives for immigration:

• Your legally-wedded spouse (visa type IR-1). The definition of a “spouse” includes a same-sex spouse, and it may include a common-law spouse, depending on the laws of the country where the common-law marriage occurred. It excludes people who were merely living together and polygamous spouses other than the first legally-wedded spouse. 
• Your unmarried children under age 21 (IR-2).
• A child you are adopting from another country (IR-3 or IR-4).
• Your parent(s), as long as you (the U.S. citizen sponsor) are at least 21 years old (IR-5).

Requirements to Sponsor Immediate Family Members as Immigrants

If you want to sponsor the immigration of immediate relatives, you must fulfill three critical requirements: