Visa-Faq.com

how to get a marriage visa in the us

by Mario Wiza Published 3 years ago Updated 2 years ago
image

To be eligible for a US marriage visa, you will need to meet the following eligibility criteria:

  • Be legally married to a US citizen
  • Meet the requirements set in the International Marriage Broker Regulation Act of 2005
  • You have a residence in the US

Full Answer

Can I apply passport without registering marriage?

You can apply for a passport in your new name up to 3 months before your marriage or civil partnership ceremony. Your old passport will be cancelled. Your new passport is ‘post-dated’ - you cannot use it before the ceremony. Some countries will not issue visas for post-dated passports - check with the country’s embassy or consulate.

How do you apply for a marriage visa?

How do I apply for a Marriage Visitor Visa? Provided you meet the eligibility requirements, you apply for a Marriage Visitor Visa on the Home Office website. You will be required to explain, amongst other things, the purpose of your intended visit, together with details of your fiancé(e) or proposed civil partner and your future plans together.

How much does a marriage visa cost?

  • Immediate Relative or Family Preference Immigration Applications cost 325.00 USD in addition to the petition
  • Employment-Based Immigration Applications cost 345.00 USD in addition to the petition
  • Other immigration applications (such as self-petitioning) cost 205.00 USD
  • K visa for a fiancé or spouse of a US citizen costs 265.00 USD

More items...

Do I need a marriage visa to get married?

You do not need a Marriage Visitor visa to convert your civil partnership into a marriage - you can apply for a Standard Visitor visa. You also do not need a Marriage Visitor visa if one of the...

image

How long does it take to get a marriage visa in the US?

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 is needed for a marriage visa in USA?

The documents required for a marriage green card vary by situation but generally include the following:Birth 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...

Can I stay in America if I marry an American?

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 then have “permanent resident” status until they apply for U.S. citizenship, if they choose to do so.

Can I apply marriage visa in USA?

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).

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.

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.

How long after marrying a U.S. citizen can I travel?

After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for “advance parole,” which gives you permission to travel. Unless you have an emergency situation, USCIS will take two to three months to process your parole.

How long do I have to be married to get a green card?

USCIS 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 easiest visa to get for us?

For many, a "B" visitor visa is the easiest and most appropriate one to get. (See 8 U.S. Code §? 1101.) The B visa a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2).

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.

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 much is a US spouse visa?

Fiancé or K-1 visa cost: $2,025 The U.S. citizen partner completes the appropriate government form (I-129F – “petition for a K-1 Visa”), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee.

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.

Can a foreigner get married in the U.S. on a tourist visa?

Yes, you can get married in the U.S. while on a B-1/B-2 tourist visa or a visa waiver program. However, coming to the U.S. as a visitor with the sole purpose of getting married and then filing for adjustment of status is considered fraud.

What is the process for marriage visa?

The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS).

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 to validate marriage to USCIS?

To validate your marriage to USCIS, you will need to provide various items that demonstrate a husband-wife relationship, chief among them being your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank account, family pictures, and related evidence will also help prove your case.

How long does it take to marry a foreign national on a K-2 visa?

According to immigration law, someone counts as a fiancé (e) only if the U.S. citizen intends to marry the foreign national within 90 days of his or her entry into the U.S. K-2 visa – this one is for the children of a foreign national fiancé (e) who is under K-1 status.

What is the DOS Definition of a Spouse?

citizen or lawful permanent resident. According to the U.S. Department of State, “a spouse is a legally wedded wife or husband.” The following explanations further clarify what a spouse is and what it isn’t when it comes to the immigration application process:

What is a K-3 visa?

K-3 visa – this visa is meant for the foreign-born spouses of U.S. citizens. If the citizen sponsor has filed an I-130 for a marriage-based green card, the alien spouse can use the K-3 visa to remain in the U.S. while awaiting the decision.

What is the first step to getting a green card?

The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS).

What is the purpose of a marriage petition?

The purpose of this form is to request the agency’s approval to allow your spouse to live in the U.S. as a permanent resident. It also provides you with the opportunity to prove that you have a valid marriage, which is the basis of any marriage-based petition.

What is common law marriage?

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.

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 Marriage Green Card?

Green Cardholder? Congratulations! Now that you and your fiance have gotten married, it is time to start your new life together. Before you can make the U.S. your permanent residence, you will probably need to apply for a Marriage Green Card. This guide explains what a marriage Green Card is and how to get one.

When should you work with an lawyer to get a Marriage Green Card?

You do not have to hire an immigration lawyer to apply for a Marriage Green Card. More than half of all marriage Green Card applications are filed by individuals who do not work with an attorney. You can definitely do it!

Are you eligible for a Marriage Green Card?

To be eligible for a Green Card through marriage, you must show USCIS four things:

What is the most underestimated requirement for a marriage certificate?

Perhaps the most underestimated requirement is the need to proof that a bona fide relationship exists. Marriage fraud, using fictitious marriage information to circumvent immigration laws, has historically been a problem area for U.S. immigration officials. You must do more than produce a marriage certificate.

Why did Congress introduce the K-3 visa?

Congress did introduce the K-3 visa for the spouses of U.S. citizens to reduce family separation.

What happens if USCIS denies your application?

If USCIS denies your application, you get your USCIS fees AND our service fee back.

Can a spouse of a US citizen get the same immigration benefits as a spouse of a US citizen?

Same-sex spouses of U.S. citizens and permanent residents, including their minor children, are eligible for the same immigration benefits as opposite-sex spouses. Your eligibility to petition for your spouse or fiancé, and your beneficiary’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage. In other words, USCIS treats same-sex marriages the same. However, it is essential that the marriage was legal in the jurisdiction where it occurred.

Is a spouse based immigrant visa less expensive?

Each path requires slightly different forms/applications with various costs. If costs are a major concern, obtaining the spouse-based immigrant visa (CR-1 or IR-1) will generally be less expensive.

Can a spouse get a green card?

Although it is just stamp at the time of entry, it is the equivalent of a green card. USCIS will mail the actual green card to the spouse short thereafter. RECOMMENDED: Overview of Consular Processing.

Can a foreign national spouse apply for a green card?

If you are already married and the foreign national spouse is physically present in the United States, this article probably isn ’t for you. Instead, the foreign national spouse may want to apply for the green card from inside the U.S. This is known as adjustment of status.

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.

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.

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.

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 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.

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.

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.

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.

Where does the NVC send the visa application?

NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, petitioner, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address if available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.

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 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).

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.

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 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.

image
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9