Can a permanent resident bring a fiance to the US?
If you are currently a lawful permanent resident in the United States trying to bring your fiancé into the country with a visa, you may have to wait until you are a naturalized citizen. However, you may still have options. The best way to determine how to get your fiancé a visa is by speaking with an immigration attorney.
How can I get a fiance visa for the US?
Fiancé visas are available only to people coming to the U.S. to marry U.S. citizens. Don't lose hope, however. There are ways to get yourself into the U.S. if you are the fiancé of a permanent resident, although they may take a long time. The main ways are: Marry your fiancé first, then begin the entry process as a spouse of a permanent resident.
Who is not eligible for a fiancé (e) visa?
If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, your spouse or fiancé (e) is not eligible for a fiancé (e) visa.
Can a permanent resident get married to a foreign citizen?
There are no fiancé visas available for foreign nationals wishing to marry U.S. permanent residents. Fiancé visas are available only to people coming to the U.S. to marry U.S. citizens. Don’t lose hope, however. There are ways to get yourself into the U.S. if you are the fiancé of a permanent resident, although they may take a long time.
Can a green card holder apply for a fiancé visa?
U.S. green card holders are not eligible to apply for fiancé visas. You and your fiancé must prove that your relationship is authentic—through photos, correspondence, and written statements from people who know you as a couple. It's generally best to have concrete wedding plans in the United States.
Can a permanent resident apply for a spouse visa?
Can a Green Card Holder Get a Visa for a Spouse? Yes, green card holders can petition for their spouses to join them in the U.S. on a visa. Spouses of lawful permanent residents are eligible for a family second preference category (2A) visa.
Can a non U.S. citizen apply for fiancé visa?
If both partners are not present in the United States You can apply for the visa with Form I-129F, “Petition for Alien Fiancé.” The fiancé visa will enable your future spouse to come to the United States, marry you, and adjust their status.
Can I marry someone as a permanent resident?
In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
How long does it take for a green card holder to sponsor a spouse?
The total application processing time takes anywhere from 10-13 months for the entire marriage-based green card timeline. The key difference between an interview at a U.S. Embassy or Consulate and in the country is that both the spouse and the sponsoring U.S citizen must attend the interview.
How long does it take for a green card holder to sponsor a spouse 2021?
Average time -- Five to 30 months to get the Form I-130 approved by USCIS; no time on the Visa Bulletin waiting list as of early 2022, and the rest depending on various complicated circumstances.
What are the requirements to get a fiancé visa?
Understanding the requirements for a K-1 fiancé visa To apply for a K-1 visa, the foreign partner must live outside of the United States, be legally free and able to marry, have met the U.S. citizen partner in person within the last two years, and not have been convicted of serious crimes.
Can you travel to the US while waiting for a fiancé visa?
Can my fiancé visit me in the US while waiting for a K-1 fiancé visa? Yes – your fiancé may visit the US, so long as they have a valid B-1/B-2 visa or ESTA. However, your fiancé should expect more scrutiny at the border.
How long does it take to get a fiancé visa 2022?
approximately 9 to 12 monthsAs of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F). Click here to see exact ranges based on your service center. In addition to that, it takes between three to four weeks to receive notice from the National Visa Center with further instructions.
What happens if a permanent resident marries a U.S. citizen?
As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years. This is a significant benefit (as it normally requires five years as a permanent resident before applying for citizenship).
How long does a fiancé visa take?
6 to 9 monthsThe exact K-1 fiancé processing times can vary, but many applicants are able to enter the United States within 6 to 9 months. There are multiple steps and the process is handled by multiple agencies from (USCIS) to the National Visa Center to the U.S. Department of State.
Can my wife stay in the US while waiting for green card?
Adjustment versus Consular Processing In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times.
What is the fastest way to bring my wife to USA?
Historically, family reunification has been the easiest and fastest way of bringing your loved ones to the United States.
Can my wife stay in the US while waiting for green card?
Adjustment versus Consular Processing In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times.
What are the requirements for spouse visa in USA?
Required Documentation A copy of your civil marriage certificate. A copy of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages entered into by you and/or your spouse were terminated.
Can green card holder sponsor illegal spouse?
In many cases, it's possible to apply for a marriage green card for an undocumented spouse. The risks, expenses, and timelines vary depending on whether the sponsoring spouse is a U.S. citizen and whether the undocumented spouse entered the United States illegally.
Who determines if a fiancé qualifies for a K-1 visa?
The DOS consular officer determines whether your fiancé (e) qualifies for the K-1 nonimmigrant visa.
Who notifies you when the visa interview for your fiancé (e) is scheduled?
The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
What is the form for alien fiancé?
You file Form I-129F, Petition for Alien Fiancé (e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé (e).
What form do I need to get married?
If you are a U.S. citizen who wants to bring your foreign fiancé (e) to the United States in order to get married, you will need to file a Form I-129F, Petition For Alien Fiancé (e). This is the first step to obtaining a K-1 nonimmigrant visa for your fiancé (e). The K-1 nonimmigrant visa is also known as a fiancé (e) visa.
How long is a fiancé's work authorization valid?
In this case, your fiancé (e)’s work authorization is valid for only 90 days after his or her entry into the U.S. Your fiancé (e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé (e) can file Form I-765 together with the Form I-485.
What happens if you marry your fiancé after 90 days?
This may result in removal (deportation) and could affect their future eligibility for U.S. immigration benefits. However, if you marry your fiancé (e) after the 90 day period, you may file a Form I-130, Petition for Alien Relative.
Where to send I-129F?
The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé (e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé (e) lives. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé (e) is scheduled.
How to apply for alien fiance?
The first step in the application process is to complete and submit Form I-129F, Petition for Alien Fiancé. In addition to Form I-129F, your petition packet will need to include the following documentation:
What is the process of bringing a fiancé to the US?
The process of bringing your fiancé to the United States can be lengthy, as it involves US Citizenship and Immigration Services ( USCIS ), the US State Department ( DOS ), and US Customs and Border Protection ( CBP ). There may be multiple background and security checks conducted on both parties, including screenings through databases for criminal history and national security using fingerprints, biographic information, and other biometric services.
What happens if a USCIS petition is denied?
If your petition is denied, you should receive a notification from USCIS that includes an explanation of the reasons for denial along with information on how you can appeal the decision.
How long does it take for a spouse to get a green card?
If you petition for a Green Card less than two years after getting married, USCIS will approve conditional permanent residency with a Green Card that’s valid for just two years (a standard Green Card is valid for 10 years, by comparison). Your spouse will eventually need to petition to remove the conditions on their permanent residency by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days before their Green Card expires.
How long is a K-1 visa valid for?
The visa packet is valid for up to six months for a single entry into the United States.
How much does it cost to get a green card for spouse?
Your spouse will need to complete and submit this form to USCIS, along with all of the necessary evidence, documentation, and filing fees ($750 – $1,225). After USCIS receives the application packet, your spouse will need to complete a Green Card medical exam and an interview with a USCIS officer at the nearest field office.
How long does it take to get a K-1 visa?
After you become a naturalized US citizen in 6 – 12 months, you could then petition for a K-1 visa on behalf of your fiancé.
Can I get same sex visa as opposite sex spouse?
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...
Can a spouse get a K-3 visa?
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.
When you marry a K-1 nonimmigrant, do you become an immediate relative?
When you marry your U.S. citizen petitioner within 90 days of admission as a K-1 nonimmigrant, you become an immediate relative. Immigrant visas for immediate relatives of U.S. citizens are always immediately available.
How long can I stay in the US if I am married?
citizen petitioner for less than two years at the time your Form I-485 is approved, USCIS will grant you lawful permanent resident status for two years on a conditional basis under INA 216. You will need to meet additional requirements and file a Form I-751, Petition to Remove Conditions on Residence before USCIS will remove those conditions. Go to our Conditional Permanent Residence page for more information.
How long does it take to get a green card if you are a K-1?
citizen petitioner within 90 days of being admitted as a K-1 nonimmigrant. You are called a “derivative applicant.” You must remain unmarried in order to be eligible for a Green Card. You should apply for a Green Card at the same time or after your K-1 nonimmigrant parent applies for a Green Card. For more information on derivatives and eligibility for adjustment of status, please see USCIS Policy Manual Volume 7, Part A, Chapter 6, Section C, Subsection C - Derivatives.
How long does it take to get a green card after being admitted to the US?
After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card). This page provides specific information for aliens in the United States who want to apply for lawful permanent resident ...
How long does it take to get an I-485?
You are physically present in the United States at the time you file your Form I-485; Within 90 days of admission to the United States, your K-1 nonimmigrant parent entered into a bona fide marriage with the U.S. citizen petitioner; You are eligible to receive an immigrant visa;
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.
Can an alien marry a non-K-1?
U.S. immigration law allows a U.S. citizen to petition for a alien fiancé (e) to obtain a K-1 nonimmigrant visa to travel to the United States and seek admission. Within 90 days after being admitted as a K-1 nonimmigrant, the alien must enter into a bona fide marriage with the U.S. citizen who filed the Form I-129F, Petition for Alien Fiancé (e), ...
How long do you have to meet a foreign citizen?
In general, the foreign-citizen fiancé (e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé (e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé (e)’s culture for a man and woman to meet before marriage.
What Is a “Fiancé (e)”?
Under U.S. immigration law, a foreign-citizen fiancé (e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé (e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé (e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.
How Long Will It Take to Get My K Visa?
For Form I-129F, Petition for Alien Fiancé (e), you can visit the USCIS website for the status of your petition.
What do you need to present to a consular officer for a visa interview?
During the visa interview, applicants will be required to present evidence to the consular officer that they are not likely to become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
What should I know before applying for a K-1 visa?
You should read the Rights and Protections pamphlet before your visa interview to learn about your rights in the United States relating to domestic violence, sexual assault, and child abuse and protection available to you . The consular officer will verbally summarize the pamphlet to you during your interview. Additionally, K-1 visa applicants will be provided with any existing criminal background information on their U.S. citizen fiancé (e)s that USCIS received from other government agencies during processing of their Form I-129F petitions.
Where to file I-129F?
Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad. After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé (e) lives.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents.
What happens if I file an I-129F?
Once USCIS approves the I-129F petition, the U.S. Department of State will have additional fiancé visa requirements. USCIS will transfer the case to the National Visa Center (NVC). The beneficiary (foreign fiancé) will need to submit the following items to the NVC or U.S. embassy that is requesting them:
Is it worth getting a green card for a fiancé?
The journey through all the fiancé visa requirements can be exhausting at times. But if you’ve found the right partner, it’s totally worth it. Fortunately, the entire journey to a green card (and U.S. citizenship) is spread out. You don’t have to do everything at once. Plus, CitizenPath is here to make it easy and affordable. Get started on your fiancé visa petition.
Can a permanent resident file a K-1 visa?
The first step toward obtaining a K-1 visa is for the U.S. citizen to file Form I-129F, Petition for Alien Fiancé. Unfortunately, a permanent resident cannot file Form I-129F. Therefore, the petitioner must either become a U.S. citizen through naturalization or get married outside the United States and then petition the spouse for an immigrant visa.
Does USCIS require I-129F?
USCIS may require additional items based on the petitioner’s answers in Form I-129F. For more detailed guidance on evidence, read evidence to submit with Form I-129F. When you prepare your petition through CitizenPath, we will generate personalized filing instructions based on your specific situation. In addition to a ready-to-sign petition, you’ll know exactly which items to submit in your petition package. We even guarantee your success.
How to obtain the fiancé visa?
The process and subsequent obtaining of the K-1 visa for the United States includes the following requirements:
What is the K-1 fiancé visa?
The K-1 visa is used by the fiancé (e) to enter the USA to marry a U.S. citizen. The period of time established by law to carry out the marriage is 90 days maximum.
How to notify USCIS of a K-1 visa?
If the applicant is moving it is important that they notify USCIS by phone 1-800-375-5283 or by email.
What questions are asked in a K1 visa interview?
Some of the most frequently asked questions in the K1 visa interview are whether you have been married before and where you live. Also if the applicant has been convicted or prosecuted for a crime.
How to verify a K-1 visa?
The processing time of the fiancé K-1 visa can be verified in the letter that the Citizenship and Immigration Service (USCIS) sends to the applicant. That is after the agency receives the request and reports having received the documents sent by the embassy.
What is a K-1 visa?
The K-1 visa is one of the most requested types of American non-immigrant visas.
How much is the K1 visa fee?
Complete and file Form I-129F and pay the filing fee of $ 535. The K1 visa application form can be paid by check or money order made out to: Department of Homeland Security. If you do it by credit card, you must fill out form G-1450.
