Fiancé Visas and Marriage-Based Immigration to USA green cards are two primary routes to the United States. An immigration lawyer can provide a detailed explanation of the benefits and disadvantages of each option.
When a United States citizen plans to marry a foreign-citizen partner, there are several options available. It is advisable to consult an experienced immigration attorney, who can determine the best option based on the couple’s unique circumstances.
Introduction to Fiancé Visas and Marriage-Based Immigration to USA
Deciding between a fiancé visa (K-1) and a marriage-based green card (CR-1 or IR-1) depends on the specific circumstances of each couple. Some couples may find that the K-1 route suits them, while others may be better suited for the CR-1 route.
It is crucial to discuss your unique situation with an experienced immigration attorney, as the choice you make will have long-term implications for your life.
Both the fiancé visa and the consular marriage green card aim to bring your spouse to the United States. There are different paths available for both options.
For both the K-1 fiancé visa and the CR-1 or IR-1 spouse visa, it is necessary to prove the commitment to marrying your foreign spouse. This requires providing documentation such as wedding photos, shared financial accounts, shared bills, and rental agreements.
The fiancé visa also requires that both members of the couple have met in person at least once within the last two years. This requirement is important, although it may be waived in cases of cultural reasons or extreme hardship.
K-1 Fiancé Visa
Love knows no borders, but uniting with a partner from another country and starting a new life together can be a complex process. The K-1 visa, also known as the fiance(e) visa, is a nonimmigrant visa for engaged couples who plan to get married within 90 days of arriving in the United States.
Once the USCIS approves your fiance visa petition, it will be sent to the National Visa Center (NVC). The NVC will assign a case number to your application and send it to the U.S. Embassy or Consulate in your fiance’s home country. The embassy will then invite your fiance to attend a visa interview.
During the interview, a consular officer will review the documentation you and your fiance(e) have submitted and may ask questions to ensure the genuineness of your relationship. Typical documentation includes photographs together, correspondence between you and your fiance(e), evidence of financial support, phone bills showing calls to each other, and more.
CR-1 and IR-1 Spousal Visas
If you are already married to a foreign national and wish to bring them to the United States, a CR-1 or IR-1 Spousal Visa may be an option. These immigrant spouse visas allow your spouse to obtain a Social Security card, work, and travel abroad immediately after arriving in the U.S.
Unlike the K-1 visa, which is only valid for two years, the CR-1 and IR-1 spouse visas grant permanent resident status upon arrival in the United States. It is important to note that these visas are not “green cards” as they are conditional until the two-year mark, at which point they must be upgraded to permanent resident status.
To qualify for a CR-1 or IR-1 visa, you and your spouse must be legally married. Common-law marriages are not recognized by USCIS, so it is crucial to provide evidence of a genuine relationship, such as joint bank accounts, flight itineraries, and utility bills.
Additionally, you and your spouse will need to undergo a medical examination, background checks, and an interview. While these procedures are less burdensome than the fiance visa process, they still require careful planning and sufficient time for completion.
Documentary Requirements for Fiancé Visas and Marriage-Based Immigration to USA
For a K-1 Fiance visa application, it is essential to demonstrate the genuineness and subsistence of your relationship by providing significant evidence. This may include shared expenses, tax returns, and bank statements. The Home Office may also conduct further checks or interview you and your partner to verify the authenticity of your relationship.
Moreover, you must prove that you and your fiance have met in person within the last two years. You will need a valid passport and official photographs of the couple. If any documents are in a foreign language, you must provide full English translations. Additionally, you must bring a printout of your Form DS-160, Nonimmigrant Visa Application, to the visa interview.
During the interview, you will need to demonstrate that your sponsored fiance does not have any immigration issues and is not likely to depend on public resources. This can be shown through valid passports, official birth certificates, and proof that previous marriages have ended (such as divorce, annulment, or death certificates). It is important to note that only U.S. citizens can sponsor fiances, not permanent residents.
Application Process
To sponsor a foreign fiance, a U.S. citizen must file an I-129F petition with the USCIS. The petition must include information about the couple and evidence of their relationship. The USCIS will review and approve or deny the petition. If approved, it will be transferred to the State Department.
During the fiancé visa interview, the foreign fiance must convince the interviewing officer of the genuineness of their relationship and their intention to marry within 90 days of arriving in the United States. They must also demonstrate financial independence. If they are unable to do so, they may need a joint sponsor to file a supplemental affidavit of support, which could delay their adjustment of status to permanent residence in the U.S.
Benefits and Considerations
While the immigration process can be lengthy, it offers couples eager to start their married life in the United States a great opportunity. However, every couple has its own unique situation, preferences, and constraints that must be considered.
It is worth noting that the K-1 fiance visa has strict income requirements. The U.S. citizen petitioner must show that they earn approximately 100% of the federal poverty guidelines for themselves and their foreign fiance(e) or spouse.
For many immigrant couples, these financial limitations can be challenging. A possible workaround is the marriage-based approach, which allows the couple to legally marry in the immigrant’s home country and then celebrate their wedding with friends in the United States once the immigration process is complete. This strategy can save time and money compared to the long wait times associated with the fiance visa.
Adjustment of Status
The K-1 visa, or fiance visa, is the process by which a foreign citizen engaged to a U.S. citizen enters the United States for the purpose of marrying the U.S. citizen.
The fiance visa does not grant immediate permanent residency or a green card. Instead, the foreign spouse must apply for adjustment of status to obtain permanent resident or green card status after entering the U.S. on the fiance visa.
Unlike marriage-based green card applicants who must leave the country to begin the process, fiance visa holders can accomplish this without leaving the U.S., as long as they meet all the requirements for a green card, such as meeting the eligibility criteria for work sponsorship or qualifying under a family-based category.
This advantage is exclusive to fiance visa holders and provides a more streamlined and convenient process compared to marriage-based green card applicants who must go through additional steps.