Marriage and Fiance Visas

 

Fiancé Visa (K-1)

One applying for a fiancé visa must prove the following:

  • The petitioner is a U.S. citizen
  • The fiancé resides abroad
  • They have met within the past 2 years
  • There are no pending marriages
  • A child applying for the K-2 visa is under 21 years of age
  • Intent to marry within 90 days of the fiancé entering the U.S. on a fiancé visa
  • Fiancé is admissible to the U.S., meaning that he or she has no prior criminal records that would make him or her ineligible for a nonimmigrant visa, or has no prior records of fraud, misrepresentation, and other bad acts. Note that in that instance, the person may require a waiver of grounds of inadmissibility before obtaining the nonimmigrant visa.
  • File to adjust status in the U.S. within a reasonable time thereafter

Once married, if the marriage is less than 2 years old at the time of adjustment of status, the foreign spouse will only be granted conditional residence for 2 years whereas if the marriage is longer than 2 years, permanent residence will be granted.

However, there are restrictions on the ability of the U.S. petitioner to sponsor his fiancé if the petitioner has prior criminal records. Please be sure to contact an immigration lawyer before going forward with this process.

Marriage Visa (K-3)

One must meet the following requirements to qualify for a K-3 visa:

  • The petitioner is a U.S. citizen
  • The foreign spouse resides abroad
  • Currently married to each other
  • A child applying for the K-4 visa is under 21 years of age (and under the age of 18 at the time of marriage for a future step-child petition)
  • Prove that married in good faith and not for the purpose of obtaining a green card.
  • The foreign spouse is admissible to the U.S., meaning that he or she has no prior criminal records that would make him or her ineligible for an immigrant visa, or has no prior records of fraud, misrepresentation, and other bad acts. Note that in that instance, the person may require a waiver of grounds of inadmissibility before obtaining the immigrant visa.
  • File to adjust your status within a reasonable time after the foreign spouse enters the U.S. on a K-3 visa

A foreign spouse whose marriage is less than 2 years old at the time of adjustment of status will be granted conditional residence for 2 years whereas if the marriage is longer than 2 years, permanent residence will be granted.

Please note that there have been some changes effective February 1st, 2010, concerning the possibility to move forward on a K-3 visa if the Petition for Alien Relative for that same spouse has already been approved.

Immigrant visa (IR-1 or CR-1)

The spouse will obtain an immigrant visa upon showing the following:

  • The petitioner is a U.S. citizen
  • The foreign spouse resides abroad
  • A Petition for Alien Relative is approved for the foreign spouse
  • Prove that married in good faith and not for the purpose of obtaining a green card. For this you will need to show evidence of an ongoing relationship.
  • The foreign spouse is admissible to the U.S., meaning that he or she has no prior criminal records that would make him or her ineligible for an immigrant visa, or has no prior records of fraud, misrepresentation, and other bad acts. Note that in that instance, the person may require a waiver of grounds of inadmissibility before obtaining the immigrant visa.

A foreign spouse whose marriage is less than 2 years old at the time of admission to the U.S. will be granted conditional residence for 2 years whereas if the marriage is longer than 2 years, permanent residence will be granted.