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 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.
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 green card holder marry someone and file for them?
The first step is to have your U.S. lawful permanent resident spouse file a petition with U.S. Citizenship and Immigration Services (USCIS). Its purpose is proving that you're married and that your spouse is a green card holder.
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.
How long does it take for a permanent resident to sponsor a spouse?
Average time -- Five to 14.5 months (as of early 2022) for approval of the Form I-130, and additional time depending on individual circumstances. Summary of the Process -- The U.S. citizen starts the process by filing a Form I-130 with USCIS, either online or by mail.
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).
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 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.
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.
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.
How long does it take to get a green card if you marry a green card holder?
between 11 months to 14.5 monthsOn average, to get a green card through marriage, you will need between 11 months to 14.5 months. So we can say that to get a marriage green card depends on three main factors that impact the green card timeline.
What documents do I need to file for green card through marriage?
The documents needed to apply for a green card through marriageBirth certificate.Marriage certificate.Financial documents.Proof of sponsor's U.S. citizenship or permanent residence.Proof of lawful U.S. entry and status, if applicable.Police clearance certificate, if applicable.More items...
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.
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, ...
Can I file a K-1 visa after it has expired?
Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I‑129F.
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.
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 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 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.
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).
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").
