Immigrants should be aware of the differences between a fiancé visa and a spouse visa, as well as the requirements for each, what to anticipate from the application process, and the variables that may affect eligibility.
You can read all about these different visa categories and how Chicago immigrants apply for them here.
What Do You Need to Apply for a Fiancé Visa?
You and your spouse must fulfil a number of important conditions in order to be eligible for a fiancé visa, which includes:
- At the time of filing the petition for the visa, the partner must be an American citizen. Otherwise, granting the other partner admission would need asking for a spouse visa if the petitioning partner is a permanent resident and merely possesses a green card.
- The petitioning spouse must be able to provide proof of the validity of your connection, such as a marriage license and other official records.
- You and your spouse must be able to legally wed after each of you has received an official divorce from a prior marriage.
- Upon filing, both parties must further demonstrate that they have met in person at least once in the preceding two years.
How much time does a K-1 visa holder have to get married?
After filing for the K-1 fiancé visa, your petitioned partner will have up to six months to visit the United States. This visa is sometimes mistakenly termed the K9 visa or K1 visa. The pair will have 90 days to be married after this spouse enters the nation before the fiancé visa expires. It is best to be married as soon as the visa is initially approved because of this time constraint.
Actions Following Marriage
The sponsored spouse has an additional ninety days following their marriage to submit Form I-485, Application to Register Permanent Residence or Adjust Status. The petitioned partner will be granted conditional resident status and be allowed to lawfully remain in the nation if this form is filed and accepted.
Both spouses may submit Form I-751, Petition to Remove Conditions on Residence, after serving as conditional permanent residents of the nation for two years. Should this document be approved by U.S. Citizenship and Immigration Services (USCIS), the spouse who currently possesses the green card will be granted lawful permanent residence (LPR).
The Procedure for Spouse Visas
There are two primary procedures you need to do in order to bring your spouse into the nation, and they are as follows:
- Petitioning – The petitioning spouse will start by submitting a Form I-130 along with the required documentation attesting to the lawfulness of the marriage and evidence of either citizenship or LPR status.
- Submitting an application for a Spouse Visa: The petitioning spouse must next submit Form DS-260, the electronic application for an immigrant visa. Supporting documents for this document is required, such as evidence of the validity of the marriage and the sponsored spouse’s eligibility for a spouse visa. After that, the petitioned spouse must go to a U.S. consulate or embassy in their home country to appear for an interview. During the interview, the interviewee will be questioned by an official regarding the marriage and other matters related to the visa.
Choices for Bringing Your Partner to the US
If the partner has a green card or U.S. citizenship, the sponsoring spouse may be able to bring them into the country on a K-1 visa, unlike in cases when both couples wish to enter the nation alone.
Depending on the petitioning spouse’s status—green card holder or citizen of the United States—and the petitioned spouse’s current location—different paperwork will be required. USCIS can offer advice in this regard.
What Are the Current Spouse Visa Processing Times?
A spouse visa’s processing time will vary depending on a number of factors. For instance, if a backlog of individuals from the foreign spouse’s nation tries to secure the same kind of visa, the number of available visas may reduce. Backlogs at the foreign spouse’s closest consulate or embassy, as well as requests for further supporting evidence from the government, might potentially affect how long it takes to hear back from USCIS.
Considerations to Make Before Selecting Your Visa
Generally speaking, if you are currently married to your spouse, you should apply for a spouse visa, which lets the foreign partner visit the United States. A fiancé visa would be the best choice if you are engaged and still single but want to marry someone. If you decide against selecting these visas, there are still alternative possibilities accessible.
Here are a few more things to think about while selecting a visa.
Which Visa Types Permit Travel Within and Throughout the United States?
First, think about whether you and your companion plan to enter and exit the United States using the sought visa.
The foreign partner holding a K-1 visa, often known as a spouse visa, is only permitted entry once into the nation and cannot leave while the visa is pending. Nonetheless, partners holding any type of visa will have the choice to apply to USCIS for advance parole, which would allow the visa holder to freely enter and exit the nation. The advance parole procedure will go more quickly if the visa holder has an urgent need to leave the country, such as a family emergency overseas. Applying for advance parole as soon as feasible is crucial since it typically takes USCIS two to three months to review requests.
People may also apply for IR1 or CR1 visas, which, once the bearer enters the nation, pave the way for LPR status. If someone were to obtain LPR status, they would be free to come and go from the United States as needed.
An additional choice is the K-3 visa, a nonimmigrant visa category that permits visa holders to enter and depart the nation without a K-1 or spouse visa.
If obtaining a spouse or K-1 visa is not what you desire, there are alternative visa categories that let nonimmigrant visitors to enter and depart the nation. For instance, B-1 visas let people to enter the nation briefly for business travel, whereas B-2 tourism visas permit nonimmigrants to visit temporarily for tourism. In order to enter the nation for both employment and tourism, some persons may also apply for both types of visas.
Whereabouts Location of the Marriage
Which kind of visa you need to apply for will also depend on where you intend to be married. A K-1 visa makes it possible to get married in the United States. However, a spouse visa is the only option available to you if you choose to be married overseas.
What Is the Price of a Visa?
You should also think about how much you are prepared to pay for a visa. K-1 fiancé visas are often more expensive than spouse visas, however the exact cost will depend on the specifics of the application.
A spouse visa can cost anywhere from $1,200 to $2,500, roughly speaking, while a K-1 visa is more likely to cost between $2,000 and $3,000 or more.
The Marriage Time
If you’re engaged, consider when you want to tie the knot with your significant other. You may want to put off getting married for a while in order to make sure your union is strong. In some situations, a couple could choose to tie the knot soon after being engaged.
The sooner you decide to be married, the more probable it is that a spouse visa is the best choice. In contrast, if you want to delay getting married for a while, you might choose to apply for a fiancé visa.
Prior to filing for a spouse visa, you are able to be married abroad in the nation of origin of your foreign spouse. Take a look at K3 Spouse Visa for more information. You can also talk to the visa expert about this matter and make things clear for you.
Select the Best Visa for You and Your Spouse
Eligibility for a K-1 fiancé or spouse visa depends on your situation and the type of connection you have with your significant other. But sometimes it’s unclear whether visa is the best option and how to apply for one.
An engaged couple’s K1 visa attorney could be able to assist you if you need assistance applying for these or other kinds of visas. Not only would he or she offer some advice throughout the application procedure, but after the foreign spouse enters the nation, he or she may also assist with immigration adaption to American culture. Selecting a K-1 or spouse visa enables you and your spouse to live a happy and fulfilling life together in the United States.
