Getting Married Overseas vs. Bringing a Fiance to the US

A U.S. citizen or a lawful permanent resident who was married overseas can bring an immigrant spouse to the U.S by either filing a IR1 (Immediate Relative Visa) or a CR1 (Conditional Residence Visa). A K3 visa can also be filed for a non-immigrant spouse. An American citizen with the intent to marry a foreign fiancé(e) in the U.S. may bring the fiancé(e) to the U.S. on a K-3 visa.

Spouse Visas: IR1 and CR1 Visas

An IR1 visa provides permanent U.S. residency for a 10-year period (which may be renewed) while the CR1 visa only provides conditional permanent residency for a period of two years. The deciding factor on which visa is issued is the length of the marriage at the time an applicant files for the visa. If the immigrant spouse has been married to the U.S. spouse for over two years, the spouse will be issued a IR1 visa. However, if the marriage is less than two years, a CR1 visa is issued. This visa remains conditional until two years have lapsed. The applicant can then apply to remove the condition, but must do so within 90 days before the conditional permanent card expires. Once the condition is waived, the applicant then receives a 10-year green card.

To file for either a IR1 or CR1 visa, a Form I-130 (Petition for Alien Relative) is required. This form establishes the relationship between the U.S. citizen and the alien immigrant.

Documents Required for IR1 or CR1

Petitioner's Documents:

• 1 Passport Photo
• Birth Certificate
• U.S. passport
• Certificate of Naturalization
• Certificate of Marriage; if there was a prior marriage, a certificate of divorce is also required
• Employment Letter
• Last 3 years of Federal IRS Form 1040 and other tax documents such as W-2s 
• Financial documents such as bank statements

Foreign Spouse Documents:

• 3 Passport Photos
• Birth Certificate
• Copy of a current, valid Passport (all pages)
• Police Certificate(s)
• Divorce papers (if applicable)
• Military Records (if applicable)
• Court and Prison Records (if applicable)
• Deportation Documentation (if applicable)

K-3 Visa

A K-3 visa is issued to allow a non-immigrant spouse to come to the U.S. to wait for the immigration status to be granted by the U.S. Citizenship and Immigration Services. The K-3 visa must be issued in the country where the marriage occurred, and the visa process must be completed before the spouse can travel to the U.S. To initiate the process the U.S. petitioner must also file a Form I-130 as well as a Form I-129F (Petition for Alien Fiance). If the spouse has children, the petitioner must also file for a K-4 visa for each child.

Fiancé(e) Visa

A U.S. citizen may bring a fiancé(e) to the U.S. to marry and reside here. The petitioner will need to file for a K-1 visa (Nonimmigrant visa for fiancé(e)). The U.S. petitioner must file an I-129F fiancé(e) petition.

Find a Lawyer

If you are a U.S. citizen or have lawful permanent residency who was either married overseas and wish to bring either a foreign spouse or fiancé(e) to the U.S., there are specific steps you must take to petition for immigrant or non-immigrant visas. As the process can become confusing for some, it is preferable to consult with an attorney experienced with immigration law to avoid any unnecessary obstacles.