Marriage Visa Application Process For the K-1 and K-2 visas, the U.S. citizen sponsor needs to file an I-129F petition for their foreign fiancé (e). The fiancé (e) is not able to petition for his or her self. If the petition is approved, the fiancé (e) will need to go to the U.S. Consulate or Embassy located in his or her home country.
Can a US citizen apply for a marriage-based immigrant visa?
If you are married to a U.S. citizen or permanent resident, you can apply for U.S. lawful permanent residence, otherwise known as a marriage-based immigrant visa or green card. To be eligible under U.S. immigration law, you and your spouse must show: that you are legally married
What kind of visa do I need to bring my spouse?
Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required. Learn more. 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...
Can you marry someone on a temporary visa?
Marrying in the United States If you and your U.S. spouse are already both living in the United States, chances are you are on a temporary U.S. work or visitor visa. This will mean a transfer of the temporary visa to a green card through Adjustment of Status.
What is a common law marriage visa?
Common-law marriage is an agreement between a man and woman to get married without observing a religious or civil ceremony. If you are in a polygamous marriage, only the first spouse may qualify as a spouse eligible for a marriage visa. The nonimmigrant visas that have to do with marriage are found in the K category.
How long does it take for a marriage visa to be approved?
Visa processing usually takes around 3-5 months. If you are a permanent resident, you must wait for a visa to become available for your spouse, based on their priority date. This can vary depending on the spouse's home country, but the typical time is around 24 months.
What are the rules for a marriage visa?
Requirements for the Petitioner (Sponsorship Requirements)The sponsor must be lawfully married to the beneficiary. ... The sponsor must pledge to support their spouse. ... The sponsor must have the means to support their spouse. ... The sponsor must be domiciled in the United States.
What is faster fiancé or marriage visa?
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 happens when you marry someone on a visa?
You and your spouse must file Form I-130 and Form DS-160, “Online Nonimmigrant Visa Application.” Your spouse will then undergo a medical exam and interview at a U.S. embassy or consulate. This process can take a while, but your spouse will get a green card when they arrive in the United States.
Can you stay in the US 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.
Can I live in the US while waiting for my fiancé visa?
Can I Stay in the U.S. While Waiting For K1? A foreign national cannot reside in the U.S. on a tourist visa or Visa Waiver while waiting for a K1 Fiance visa or K3 Spousal visa. However, you can use a B-2 tourist visa or the Visa Waiver Program for a temporary visit.
Do fiancé visas get denied?
There are various reasons why a consular may deny a K1 visa petition, including but not limited to: The petitioner does not meet the necessary requirements. The foreign national does not meet the necessary requirements. The relationship seems suspicious or fraudulent.
What percentage of spouse visas are approved?
It's true: most people who apply for a K-1 visa are successful. In fact, according to statistical reports published by U.S. Citizenship and Immigration Services (USCIS), about 74% of fiancé(e) visas were approved in 2020.
What percentage of fiancé visas are approved?
In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent. The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.
Can I stay in the US after marrying a U.S. citizen?
Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www.
How long do you have to be married to get a green card?
two yearsUSCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage. Check out this article for more information on how to apply for a Marriage Green Card.
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 do you have to be married to get a green card?
two yearsUSCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage. Check out this article for more information on how to apply for a Marriage Green Card.
Can I stay in the US after marrying a U.S. citizen?
Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www.
Can I get married on a tourist visa to a U.S. citizen 2022?
The short answer to this complex question is yes, you can get married to someone who has entered the U.S. on a visitor visa. Generally, anyone from a foreign country enters the U.S. with a visa.
How long does it take to bring spouse to USA 2022?
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.
Where are USCIS visas sent?
After USCIS approves these petitions, they will each be sent to the National Visa Center (NVC) for processing.
How long does a passport last?
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay, unless exempt. The original or certified copies of your birth certificate, marriage certificate, divorce or death certificate (s) of any previous spouse (s), as well as police certificates from your present country ...
What are the eligibility criteria for a K-3 visa?
To be eligible for a US marriage visa, you will need to meet the following eligibility criteria:
What documents are needed for a K-3 visa?
When attending a K-3 visa interview you will be required to take various documents with you to your interview, including the following: 1 The DS-160 printed confirmation page 2 A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay, unless exempt 3 The original or certified copies of your birth certificate, marriage certificate, divorce or death certificate (s) of any previous spouse (s), as well as police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 4 Proof of your medical examination 5 Proof of financial support. Here the Consular Officer may request Form I-134, Affidavit of Support, be submitted by your US spouse 6 Two 2×2 photographs 7 Evidence of your relationship with your US spouse.
How to adjust my status to a green card?
As a non-US spouse with lawful status in the US, you should apply to adjust your status to a Green Card, using form I-485 and supporting documents such as evidence of the marriage. At the same time, Form I-130 Petition for Alien Relative must be filed by your US spouse with the relevant USCIS post evidencing the marriage is genuine.
How long do you have to live to get a copy of your birth certificate?
The original or certified copies of your birth certificate, marriage certificate, divorce or death certificate (s) of any previous spouse (s), as well as police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16
Can a non-US citizen get a marriage visa?
There are two marriage visa USA options for non-US nationals married to US citizens: the K-3 temporary, nonimmigrant visa for a foreign spouse or civil partner of a US citizen and the permanent, immigrant visa as a qualifying relative of a US Citizen (IR-1 or CR-1).
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.
What is a proxy marriage?
So-called "proxy" marriages, where another person stands in for the bride or groom, are not recognized by the U.S. government unless the couple later consummates the marriage afterward, meaning they have sexual relations. If you have not yet married, make sure you are eligible to do so.
What documents do you need to prove a marriage ended?
You will have to present the official documents to prove that the marriage ended, such as a death or divorce certificate.
How old do you have to be to marry?
In the United States, each of the 50 states establishes its own marriage rules. For example, in some states you must be 18 years of age to marry, while in others you can marry younger if you can have the consent of your parents. If you and your spouse are related by blood, you will also need to do some research. You will find that all states prohibit a person from marrying a sister or brother (sibling), half sibling, parent, grandparent, great grandparent, child, grandchild, great grandchild, aunt, uncle, niece, or nephew. Some states have additional prohibitions, such as on marrying a first cousin.
What documents can be used to prove citizenship?
People who are U.S. citizens may have different types of documents that prove their status, such as a birth certificate, a U.S. passport, naturalization certificate, or a certificate of citizenship. Any of these can be used as proof of status for immigration purposes.
What is the definition of citizenship?
being born in the United States or its territories. becoming a citizen through application and testing (called naturalization), or. acquiring or deriving citizenship through a family member. (Acquisition and derivation of citizenship are complex areas of the law.
Can a spouse get a green card?
citizen. Spouses of permanent residents are eligible for a green card. The fact that your spouse has a green card now does not, however, guarantee that he or she will have it forever.
Is a marriage license the same as a marriage certificate?
Also, a marriage license is not the same as a marriage certificate, although the license can serve as the certificate in some places if you've signed it in front of witnesses.
How long does it take to get a visa?
Once you’ve applied online, proved your identity and provided your documents, you’ll usually get a decision on your visa within 3 weeks.
How long do you have to marry in the UK?
You can: marry or enter into a civil partnership in the UK within 6 months of your arrival - you must use a venue licensed for this purpose. pass through the UK in transit (on your way to another country) You cannot: get public funds (benefits) bring in family members (‘dependants’) - they must apply separately.
What is a visa for a foreigner?
A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the U.S. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Travelers should review important information about admissions and entry requirements on the CBP website under Travel. Once you have been admitted to the U.S. as a permanent resident, your Permanent Resident Card, Form I-551 (formerly called Alien Registration Card, also known as a green card) will be mailed to you.
What is a spouse?
A spouse is a legally wedded husband or wife.
How long is an immigrant visa valid?
An immigrant visa is generally valid for six months from the issuance date.
What are some examples of ineligibilities for a visa?
Examples of these ineligibilities include: drug trafficking; overstaying a previous visa; and submitting fraudulent documents. If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is. Classes of Aliens Ineligible to Receive Visas contains the complete list of ineligibilities.
Why are some visa applications delayed?
Some cases are delayed because applicants do not follow instructions carefully. Sometimes the U.S. sponsor, or petitioner, cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a consular officer.
How old do you have to be to sponsor a spouse?
U.S. Sponsor Minimum Age Requirement. There is no minimum age for a U.S. sponsor (petitioner) to file a petition for a spouse. However, you must be at least 18 years of age and have a residence ( domicile) in the U.S. before you can sign the Affidavit of Support (Form I-864 or I-864EZ). This form is required for an immigrant visa for a spouse ...
How to file an alien relative petition?
The first step is to file a Petition for Alien Relative, Form I-130, with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to the United States. For instructions on how to file a petition, including where you should send the petition, see the USCIS website.
Why is marriage fraud taken seriously by USCIS?
This is because USCIS says the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Finally, marriage fraud or the intent to fraudulently immigrate to the United States through marriage is taken very seriously by USCIS.
How long does it take to get a green card if you marry?
Again, be mindful of the “90-day rule” — temporary visa holders who marry or apply for a green card within 90 days of entering the United States could find their green card applications denied and their current visas revoked. They may also find it hard to obtain a U.S. visa in the future.
Where should I get married?
For most couples, deciding where to get married can be challenging. Add in a foreign spouse and U.S. immigration laws, and the task becomes even harder.
How to get a green card if you are a non-immigrant?
You will need to file Form I-130 and then Form DS-160 (also called the Online Nonimmigrant Visa Application), followed by a medical exam and an interview at a U.S. embassy or consulate. Although this can sometimes be a long process, this option does lead to a green card as soon as you arrive in the United States.
What is boundless immigration?
With Boundless, you get an independent immigration attorney who can answer all legal questions related to your application. Boundless also makes the whole application process easy by turning all the government requirements into simple questions you can answer online — on your own time.
How to get married abroad?
If you decide to get married abroad, you will have to go through Consular Processing (CP). Applicants living outside the United States must normally use consular processing to apply for a green card. Applying through consular processing means you’ll wait in your home country while your green card application is processed. That can take several months, but it’s generally much quicker than AOS, and you can continue your regular employment in the meantime.
What form do I need to file for a green card after marrying?
After marrying in the United States, you will file Form I-485, which will require biometrics and possibly an interview. If the non-U.S. partner intends to seek employment or travel outside of the United States while the green card application is being processed, he or she must file for a work permit and a travel permit.
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.
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, ...
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.
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.
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.)
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.
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.
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 long does it take to get a marriage card?
Typically, the marriage-based card processing time takes several months to be completed. Depending on your case, if you have applied as the spouse of a U.S. citizen, you may need to wait for 10-12 months. As a lawful permanent resident spouse, however, the waiting time could be upwards of 30 months.
How Long Does it Take to Process a Work Permit Application?
Until recently, the USCIS processing time for a work permit application was within 90 days after the receipt of the petition. However, the available evidence in the past few years shows that the processing time has increased recently. Now, EADs are taking up to 5 to 7 months before they are issued.
Can a spouse get a green card if they are married?
There are two ways through which you may be eligible for a marriage-based green card. One is by being the spouse of a U.S. citizen, and the other is to marry a lawful permanent resident (LPR) in the U.S. In either case, your U.S. citizen or permanent resident spouse will have to sponsor your green card by submitting an I-130 petition ...
Can I work while a green card is pending?
The processing time also depends on the service center processing your petition. During this time, the USCIS understands that applicants may need to travel overseas and/or work in the United States to earn a living while the green card is pending. Due to this, the immigration law allows individuals to file for travel permits using the I-131 and work permits (popularly known as Employment Authorization Documents) using the I-765 concurrently with their marriage-based green card petition.
Can I work while waiting for my green card?
These two forms have shorter processing times, and, after approval, you may work in the U.S. while waiting for your green card to be issued by the USCIS. So, if you filed an I-765 with your status adjustment petition, you will have to wait for the I-765 to be adjudicated by the USCIS before you can work.
Can I use I-765 for a marriage?
Due to this, the immigration law allows individuals to file for travel permits using the I-131 and work permits (popularly known as Employment Authorization Documents) using the I-765 concurrently with their marriage-based green card petition.
Can I Return to My Country to Work While My Marriage-Based Green Card Is Being Processed?
You may return to your home country while your petition is pending with the USCIS. However, you will need to get your travel permit before you can do that. Traveling without an approved permit will be considered an abandonment of the green card process and you may have to restart the entire process.