How can the fiancé of a US permanent resident get a visa?
How Can the Fiancé of a U.S. Permanent Resident Get a Visa? 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.
Can a US citizen petition for a fiancee?
U.S. Citizen Petition for a Fiancé (e) As a U.S. citizen, you may petition to bring your: Fiancé (e) (K-1 visa) and their children (K-2 visa) to the U.S. so you may marry your fiancé (e); or Spouse (K-3 visa) and their children (K-4 visa) to the U.S. to apply for lawful permanent resident status.
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.
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 green card holder file 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 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.
How long does it take for a permanent resident to bring a spouse?
Average time - Between five and 14.5 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2022; another six to 11 months or longer to get an immigrant visa to come to the United States.
Can a permanent resident bring a spouse?
A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide — if they wish — to apply for U.S. citizenship, for which they become eligible after three years.
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.
Which is faster fiancé visa or spouse?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
What documents are needed for a fiancé visa?
The documents you'll need for your fiancé(e) visa applicationProof of citizenship for the U.S. citizen fiancé(e)Copy of sponsored fiancé(e)'s passport.Evidence of terminated marriages, where needed.Proof of meeting within 2 years of applying.Evidence of legal name change, where applicable.More items...
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 I sponsor my girlfriend to come to US?
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
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.
What is the requirements for fiancé visa in USA?
You may be eligible to bring your fiancé(e) to the United States on a fiancé(e) visa if you meet the following requirements:You are a U.S. citizen;You and your fiancé(e) intend to marry one another within 90 days of your fiancé(e)'s admission to the United States on a K-1 nonimmigrant visa;More items...•
Who can sponsor a fiancé visa?
Eligibility Criteria for Sponsoring K-1 Visa You must be a U.S. citizen—a lawful permanent resident cannot sponsor a K-1 visa.
How long does it take to get a fiancé visa USA?
6 to 9 monthsHow Long It Take to Get a Fiancé Visa. The 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.
How long does it take for a fiancé visa to be approved?
After filing Form I-129F, Petition for Alien Fiancé, it may take approximately 8 to 11 months to obtain a K-1 visa. It may be shorter for some and longer for others.
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.
How long does it take to get a green card if you are married?
If your fiancé (e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, he or she may apply for lawful permanent resident status in the United States (a Green Card). If you have already married, plan to marry outside the United States, or your fiancé (e) is already residing legally in the United States, ...
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.
How long does a fiancé stay in the US?
Fiancé (e) status automatically expires after 90 days and cannot be extended. Your fiancé (e) must leave the United States at the end of the 90 days if you do not marry. If your fiancé (e) does not depart, they will violate U.S. immigration law.
How long does it take to get married to your fiancé?
Filing for Your Fiancé (e) Generally, you may file this petition if you and your fiancé (e): Are legally free to marry and intend to marry within 90 days of your fiancé (e)’s admission to the United States; and. Have met each other in person within the two years immediately before you filed this petition, unless you establish that either: ...
Can I file an I-130 for my spouse?
You may also file this petition if you have filed or are filing Form I-130, Petition for Alien Relative on behalf of your spouse and want them to enter as a nonimmigrant to await the immediate availability of an immigrant visa and to file for adjustment of status.
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.
How long do you have to be married to get a permanent resident card?
If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)
What happens if I file a denial letter for a visa?
If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the How Do I Guides.
How long do you have to remove conditional residency?
You must apply to remove conditional status within the 90-day period before the expiration date on the conditional resident card. If you fail to file during this time, your spouse’s resident status will be terminated and he or she may be subject to removal from the United States. Use our Filing Calculator to determine your 90-day filing date. For more information, see the Remove Conditions on Permanent Residence Based on Marriage page.
Where to send an inquiry for an overseas visa?
If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to [email protected] or by writing to the National Visa Center , ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.
Can I file an I-824 with an I-485?
If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.
Can I file for a K-3 visa with my spouse?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé (e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.
How to qualify for a fiancé visa?
To qualify for a fiancé visa, the immigrant must: intend to marry a U.S. citizen. have met the citizen in person within the last two years, and. be legally able to marry. Also, the immigrant must be coming from another country—a fiancé visa won't be given to someone who is already in the United States. As part of the fiancé visa application ...
What is the process of getting a visa?
No matter what, every type of visa application involves several stages, including application forms, a medical examination, fingerprinting, and various approvals. The time it takes to get through all this has become especially long during the COVID-19 pandemic, owing to office closures to in-person visits.
How to prove a marriage is real?
To show that the marriage is the real thing and not a sham, you'll have to provide copies of documents such as joint bank statements, children's birth certificates, photos of the wedding and afterwards, love letters, and more.
What to say if you can't afford to meet with immigration?
If you simply can't afford to meet, the immigration authorities will say, "Tough luck.". If, however, you haven't met because of proven cultural customs or extreme hardship to the U.S. citizen spouse, they might be willing to lift the meeting requirement for you.
Do you have to show a criminal record to get a green card?
To qualify for any type of visa or a green card, every immigrant must show that he or she is "admissible" (for instance, does not have a criminal record or a communicable disease like tuberculosis, and is not likely to need government financial assistance as a " public charge "). For more about this topic, see Inadmissibility: When the U.S. Can Keep You Out.
What is the form for a petition for alien relative?
File Form I-130, Petition for Alien Relative.
What is the priority date for a visa?
A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the Visa Availability and Priority Dates page.
Can a green card holder petition for a family member to immigrate to the United States?
As a Green Card holder (permanent resident), you may petition for certain family members to immigrate to the United States as permanent residents.
Petitioning for my Spouse
Q1: I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreigner. Can I now sponsor my spouse for a family-based immigrant visa?
Applying for Benefits
Q4. Do I have to wait until USCIS issues new regulations, guidance or forms to apply for benefits based upon the Supreme Court decision in Windsor?
Changes in Eligibility Based on Same-Sex Marriage
Q6. What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?
Residency Requirements
Q8. Can same-sex marriages, like opposite-sex marriages, reduce the residence period required for naturalization?
Inadmissibility Waivers
Q9. I know that the immigration laws allow discretionary waivers of certain inadmissibility grounds under certain circumstances. For some of those waivers, the person has to be the “spouse” or other family member of a U.S. citizen or of a lawful permanent resident.