Can I get a fiancé visa if I'm a permanent resident?
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 fiancé (e) immigrate to the United States?
Because a fiancé (e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé (e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas. What Is a “Fiancé (e)”?
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.
Is a green card holder can 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.
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 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 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.
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.
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.
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.
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.
How long does it take for a fiancé visa to be approved?
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.
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 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.
How long does it take for I-130 to get approved for spouse 2022?
As of 2022, the USCIS processing time for Form I-130 range between 5 months and 10 years. Processing time will vary based on the immigration status of the petitioner, the petition type and the service center. There are certain limitations to the relatives you can petition based on your immigration status.
How long does it take for I-130 to get approved for spouse 2021?
between 7.5-13.5 monthsHow long does the I-130 petition process take? For immediate relatives (spouse, unmarried child under 21 or parent) of a U.S. citizen living abroad, the wait times for Form I-130 are currently between 7.5-13.5 months.
Can you stay in the U.S. while waiting for marriage green card?
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.
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.
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 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 much does a marriage visa cost?
A marriage-based visa would only cost roughly $1,200, yet there is a longer wait time. Depending on your circumstances, preference, and financial position, speak with an immigration attorney about the best option for you and your fiancé.
What is a K-1 visa?
A fiancé green card also called a fiancé visa or legally a K-1 visa, is for a foreign national fiancé of a U.S. citizen. The visa itself is temporary and has a few guidelines that need to be followed before and after you become a green card holder, fiancé visa. Coming to the U.S. as a fiancé is more of a two-step process: first, you need to obtain the k-1 visa, then apply for adjustment of status for your conditional permanent residence status green card.
Can a foreigner petition for a fiancé visa?
There are currently no visas that allow a foreign national engaged to a lawful permanent resident to petition for a fiancé visa.
Can A Green Card Holder Invite A Fiancé Here In the US?
citizen and the other is a foreign national. You need to be a U.S. citizen and not a U.S. permanent resident. If, however, your fiancé is a green card holder who is currently petitioning for citizenship, then you have more options. You will have to wait until the lawful permanent resident partner obtains their citizenship before moving forward with the fiancé visa.
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 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.
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 NVCInquiry@state.gov 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 get a green card if you are married?
To start off the process, the green card holder must complete USCIS Form I-130 and submit it along with evidence of the marriage and proof of status as a green card holder to USCIS.
How long does it take for a foreigner to become a relative?
Once the green card holder naturalizes to U.S. citizenship (which he or she can probably apply for after five years of permanent residence), the foreign-born spouse becomes what's known as an "immediate relative." That means the person is not subject to the waiting list, but can move forward with a green card application right away.
What If the Immigrant Spouse Waits in the U.S. Illegally?
That's because accruing unlawful presence in the United States can lead to an inadmissibility bar of several years. With 180 days of unlawful presence, the spouse can (usually after leaving the U.S. for the visa interview at a U.S. consulate abroad) be barred from returning to the U.S. for three years; and with one year's unlawful presence, the time bar becomes ten years.
How to get a copy of my naturalization certificate?
The easiest way to do so is to contact the NVC online. It will request a copy of the naturalization certificate then forward the file to the appropriate consulate for immigrant visa processing.
Can a foreigner get a green card if they are married?
In order for a foreign-born spouse to be eligible for a green card based on marriage, the marriage must, first off, be legally valid (which you'll need to prove with a government-issued marriage certificate) and also be bona fide; that is, not have been entered into merely for the purpose of evading immigration laws.
Can a foreign born spouse get a green card?
Unfortunately, the foreign-born spouse's eligibility will not lead to an immigrant visa (the equivalent of a green card) right away. The process can take several years, as described below. But the U.S. green card holder may be able to speed things up by becoming a U.S. citizen, as also described below.
Can a spouse apply for a green card without leaving the US?
Someone whose U.S. spouse is a permanent resident or who has been living illegally in the United States is unlikely to be able to "adjust status," that is apply for a green card without leaving the United States. But if the U.S. spouse becomes a U.S. citizen, it improves the situation considerably, as discussed below.
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.
How long does an affidavit last?
In fact, it's a contract with the U.S. government promising to support the immigrant for approximately ten years (regardless of divorce). The Affidavit isn't enough by itself to prove that the immigrant will be financially self-sufficient, however. The immigrant must also submit Form I-944 and supporting documentation.
How long do you have to get married before you can get married?
You'll need to not only get married before the 90 days is up, but make sure that you'll be able to receive an official certificate of your marriage from a local government office before submitting the adjustment application. (A church certificate or non-certified document won't be enough for USCIS.)
What is an I-864?
Another important form that goes along with this is an I-864 Affidavit of Support, prepared by the U.S. citizen petitioner, with supporting documentation. The I-864 shows that the U.S. citizen spouse has the financial capability to make sure the immigrant won't need to receive government assistance, in other words become a "public charge." In fact, it's a contract with the U.S. government promising to support the immigrant for approximately ten years (regardless of divorce).
How long does a conditional resident stay in the US?
Assuming all goes well, and the interviewer approves the immigrant's application, the immigrant will become a "conditional resident." That's almost like getting a regular green card (permanent resident), except that this status basically runs out after two years. You'll see the expiration date on the immigrant's card.
What form do I need to get a work permit?
Be sure to also include a Form I-765 if the applicant would like to have a work permit (employment authorization document).
Is there a delay in the green card process?
As of late 2020, you'll face months of waiting before you can complete the green card process while living in the U.S., owing to government office closures to in-person visits and limited access after reopening.
Can I submit an adjustment of status application in person?
You can't submit the adjustment of status application in person; it must be sent to a particular USCIS office. After the I-485 packet has been submitted, you'll get a receipt notice from USCIS. Later, the immigrant will be called in for fingerprinting ("biometrics").
