Marriage and Fiance Visa Application Process

If you are a U.S. citizen who wishes to bring a foreign national to the United States as your fiancé(e), or because you have already married a foreign national in another country with whom you wish to reside in the United States, you will need to petition U.S. Citizenship and Naturalization Service in order to legally bring that person to the United States.

Marriage Visa Forms and Documents

• Form I-130 –Petition for Alien Relative – This form is used if you have married a foreign national and wish to bring him or her to the United States as your spouse.
• K-3 – Nonimmigrant Visa for Spouse – This type of visa permits your alien spouse, whom you have married in another country, to travel to the United States while your Petition for Alien Relative is pending.
• Form I-129F – Petition for Alien Fiance(e) – This form is used if you wish to bring a foreign national to the United States in order to marry him or her.
• K-1 – Nonimmigrant Visa for Fiance(e) – This type of visa permits your alien fiancé(e) to travel to the United while your Petition for Alien Fiance(e) is pending.

Eligibility for Application

In order to be eligible to sponsor an immigrant spouse or fiancé(e), you must meet certain eligibility requirements:

• You must have documentation of your status as a U.S. citizen or a lawful permanent resident.
• You must be able to support your spouse at 125% above the federal poverty line.

Timeline of Application Process

The timeline for the application process to bring either a foreign spouse or fiancé(e) to the United States differs according to the facts involved in your situation, i.e. where the foreign national is currently living, whether the marriage has occurred, and whether the sponsoring spouse or fiancé(e) is a lawful permanent resident or a U.S. citizen. When the sponsoring spouse or fiancé(e) is a U.S. citizen, it can take four or more months to obtain a fiancé or spouse immigrant visa, and then up to another year for green card approval. However, when the sponsoring spouse or fiancé(e) is a permanent resident alien, the visa and/or green card process is likely to take years, the exact timeframe of which depends on the circumstances.

Immigrant Visa Number

Once you have submitted your visa petition to the U.S. Citizenship and Naturalization Service ("USCIS"), it will be approved or denied. Once your petition is approved, it will be forwarded to the Department of State’s National Visa Center, where it remains until an immigrant visa number becomes available. This number will be immediately available for the spouse of a U.S. citizen. Once the visa is issued by the Department of State, the spouse or fiancé(e) may travel to the United States and seek entry.

As the immigration process for the foreign national spouses and fiancé(e)s of U.S. citizens can be lengthy and complex, it is wise to contact an experienced immigration attorney for guidance. Only an immigration attorney can advise you of eligibility for this immigration process, and help you anticipate and/or alleviate any problems or difficulties that you may encounter as you attempt to bring your foreign national spouse or fiancé(e) to the United States on a permanent basis.