I am a born US Citizen and will be getting married in 2009 to my fiancee who is Cuban and resides in Camaguey Cuba. How do I begin processing before hand and afterwards immigration papers so that he can come to the United States and live with me here.
Nothing. I have no idea where to begin filing papers. Only information I have been able to acquire is from Canada and I live in the United States.
Since the consular and diplomatice relationship between the U.S. and Cuba is complicated, I highly recommend to contact the US Consular Information Unit in Havana and explain your situation. They should be able to guide you regarding a possibility of applying for K1 (Fiancee) Visa for your future wife:
Consular Information Unit at email@example.com
Regarding general travel guidelines to Cuba for US citizens, see here:
The Cuban Assets Control Regulations of the U.S. Treasury Department require that persons subject to U.S. jurisdiction obtain a Treasury license before engaging in any transaction related to travel to, from and within Cuba. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada.
Additional information may be obtained by contacting the Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury,XXXXXNW, Treasury Annex, Washington, DC 20220, telephone(NNN) NNN-NNNN fax(NNN) NNN-NNNN or via the web at Office of Foreign Assets Control.
Should a traveler receive a license, a valid passport is required for entry into Cuba. The Cuban government requires that the traveler obtain a visa prior to arrival. Attempts to enter or exit Cuba illegally, or to aid the irregular exit of Cuban nationals or other persons, are contrary to Cuban law and are punishable by jail terms. Entering Cuban territory, territorial waters or airspace (within 12 miles of the Cuban coast) without prior authorization from the Cuban government may result in arrest or other enforcement action by Cuban authorities. Immigration violators are subject to prison terms ranging from four years for illegal entry or exit to as many as 30 years for aggravated cases of alien smuggling. For current information on Cuban entry and customs requirements, travelers may contact the Cuban Interests Section, an office of the Cuban government, located atXXXXXNW, Washington, DC 20009, telephone(NNN) NNN-NNNN
Juris Doctor; Stelmakh & Associates owner, 3 years of experience as an attorney
I have been to Cuba before for family humanitarian reasons. That is how I met my fiance a few years ago. I do believe he is in the process of figuring things out from over there. However, I would like know from my end, what I need to do in the United States to claim him as my fiancee or as my husband once we are married.
I have been to Cuba before for family humanitarian reasons. That is how I met my fiance a few years ago. I do believe he is in the process of figuring things out from over there. However, I would like know from my end, what I need to do in the United States to claim him as my fiancee or as my husband once we are married and make him a resident or a US Citizen.
In general, you should apply for K1 Fiance Visa or K3 Spouse visa, if you prefer to get married first.
See the general information below. However, please, note, that the procedure could be different for Cuban citizens (and there could be problems for them to receive exit permit from Cuban government), therefore, I highly recommend to talk to the US Consulate section in Cuba FIRST AND then hire an experienced immigration attorney, may be in Miami, who handled similar Cuban marriage-based cases.
K1 Fiancé(e) Visa
The fiancé(e) visa was established for those immigrants who intend to marry a United States Citizen within 90 days of their arrival to the United States . The foreigner does not have to intend to permanently settle in the United States in order to be eligible for a fiancé(e) visa. However, before fiancé(e) status expires, the foreigner must either apply for an adjustment of status (File Form I-485) or leave the United States .
In order to be eligible for a fiancé(e) visa, applicants must meet certain criteria. The main criteria are the following:
Additionally, the applicants will have to demonstrate that the fiancé(e) is not going to become a public charge. Therefore, you will have to file an Affidavit of Support Form and prove your income with financial documents (your recent tax returns, paystub slips, etc.)
Procedure : You should file Petition for Alien Fiancé(e) , together with the supporting documentation, with the appropriate USCIS center in the US (see Instructions on uscis.gov). After the service center approves the petition, an approval notice is sent to the country where the beneficiary fiancé(e) is living. The fiancé(e) will be required to undergo a medical examination to make sure that he/she does not have any communicable diseases. Finally the fiancé(e) will be able to apply for a K1 visa at the US Consular Office in her home country.
K3 Spousal or Marriage-Based Visa
If you get married abroad, you may apply for a marriage-based visa. An immigrant visa petition (I-130) must first be filed by you in an approapriate USCIS Service Center on behalf of your foreign spouse. You must have been legally married, in a bona fide marriage and neither of the spouses can be married to anyone else. The procedure is similar to the K1 then.
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