Q: The spouse of a Jamaican national is in the US as a Green Card holder. Can he file for a US Fiancé Visa for his partner or will he have to wait till he applies for the Citizenship of US?
A: A spouse – husband/wife is a lawfully married person. This word is used for a girlfriend/boyfriend in Jamaica. This is an individual with whom there is a loyal relationship or with whom one is living as a Common-law partner.
The usage of the word spouse has landed in trouble many Jamaicans with regard to US immigration due to its connotation. It is very crucial to differentiate as words make a lot of difference. Their misuse can also have severe consequences.
People tick a box in the application form as wedded when factually they are not married. This is because they term the partner as a spouse. The error of this kind is interpreted as fraud. It permanently bars the individual from travelling to the US except if a waiver is granted.
The above query makes it obvious that there is no lawful wedding between the two individuals. They might have been lived together or in a loyal relationship prior to the departure of the boyfriend to the US.
A Green Card holder / Permanent Resident cannot apply for the US Fiancé Visa. A US citizen only has this privilege, as quoted by the Jamaica Gleaner.
The US Fiancé Visa permits the receiver and the minor kid to arrive at the US and marry the US national fiancé within 3 months. The Fiancé Visa also has parameters that need to be fulfilled. This includes that the parties announce their love mutually and intention to get married.
Apart from this, it must also be demonstrated that the individuals have met. Their communiqué during the period of courtship must also be essentially shown.
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