There are two options for petitioning for your fiance. The first is the fiance visa. The fiance visa requires that you have personally met within the two years immediately preceding the filing of the petition and that you intend on marrying within 90 days of entry. The process begins by filing form I-129F with the United States Citizenship and Immigration Service. Once that is approved, your fiance will have an interview at the consulate abroad and will then enter with a K-1 fiancee visa. You will then have to marry within 90 days of entry and then file additional forms to obtain his permanent residence. The second option is to get married first and then file directly for an immigrant visa for your wife. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent her from immigrating such as crimes, immigration violations, etc. If everything goes well, she will enter as a permanent resident. Whether you can also file for your niece depends on the relationship between your niece and your fiance. If she legally adopted her before the age of 16 and there is a court order to that effect, then you can separately file for your niece as a dependent of your wife. She would then enter as your stepdaughter. If, however, there is no court ordered legal adoption, you cannot petition for her.

Answer Applies to: Colorado
Replied: 11/7/2011

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You can file a petition for your fianc as well as her child if you are a U.S. citizen. You will need to demonstrate there is a genuine relationship between you and your fianc. You will also need to establish that you intend to marry within 90 days of her entry and that she is otherwise eligible to enter the United States. You may face some additional scrutiny if the child is your niece regarding the nature of your relationship. The best policy is to be upfront about the whole situation if asked.

Answer Applies to: New York
Replied: 11/7/2011

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If your fiance legally adopted your sister's child, the child may no longer be your niece but your future stepdaughter. If your fiance is granted a K-1 visa any of her legal children may be able to enter with a K-2 visa. If you are calling that child your niece because your sister legally adopted her, then she is no longer a child of your fiance and would not be eligible for any derivative visa benefits as your fiance's child. An uncle cannot petition for a niece.

Answer Applies to: Connecticut
Replied: 11/5/2011

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Yes you can since your niece is your fiancee's daughter. So, file an I-129F and go from there.

Answer Applies to: California
Replied: 11/4/2011

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I assume you are not related to your fiance, correct? If your niece is the daughter of your fiance and is under 18 when you get married then she will get benefits from your petition of your fiance. She will be able to immigrate with your fiance as a K-2 or as an immigrant if you marry before she comes to the U.s. and is under 18 when you get married.

Answer Applies to: California
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

If your niece is the child of your fiance, then the question is whether you can file a fiance petition and marry your sister. If you are marrying your sister in law, then your niece is simple a dependent of the fiance visa petition. There is no need to file anything else. Yet, more information is needed, since you may be disqualified from petitioning for other reasons.

Answer Applies to: Illinois
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.