The United States prioritises family unification and offers several visa pathways for individuals seeking to join their spouses in the country. A marriage visa allows foreign nationals to live and work in the U.S. with their American spouse.
As a foreigner planning to knot the ties with a U.S. citizen or lawful permanent resident, understanding the visa process is essential. This guide provides comprehensive information on USA marriage visas, including types, eligibility, application steps, and potential challenges.
With a U.S. marriage visa, you no longer have to endure the distance between you and your loved one. By following the proper steps, you can apply for a marriage visa and start building a life together in the United States.
While love can sometimes be challenging, navigating the marriage visa process is an entirely different ballgame. The procedures can be complex, slow, and often overwhelming, making the journey feel almost impossible at times.
But remember, love conquers all. As long as you can demonstrate genuine affection and meet the necessary eligibility requirements, securing a marriage visa is well within reach. With patience and persistence, you’ll be able to overcome the challenges and enjoy your happily-ever-after together.
Very Brief Information About USA Marriage Visa
For couples separated by borders, a marriage visa provides the opportunity to live together permanently in the United States. Unlike temporary visas, marriage visas can lead to permanent residency, allowing you to avoid visa expiration concerns and focus on building your life with your spouse. However, the process is governed by strict policies and requirements. Read on to learn about the available visa options.
Types Of USA Marriage Visas
The U.S. offers different types of marriage visas based on your marital status and circumstances. Below are the primary options:
1. K-1 Fiancé(e) Visa
This visa is mostly for Foreigners who are looking to marry U.S. citizens, and with the K-1 visa both partners don’t have to worry about being engaged in a long distance relationship anymore as the visa provides a permit to the fiancé(e) to enter the U.S. However this will be based on the condition that the two partners marry each other within the period of 90 days of arrival.
Some of the key points to take note of is that this visa is only available to fiancés of U.S. citizens, not green card holders., Marriage can’t be delayed as the knot must be tied within 90 days of entering the U.S. and After marriage, adjustment of status is required for permanent residency.
Eligibility Criteria:
- The couple must be able to prove that they have had physical contacts at least once in the two years before applying.
- Both individuals must be legally free to marry (e.g., not currently married).
- The couple must be able to prove and demonstrate they are getting married genuinely based on love and not for other intentions.
2. CR-1 and IR-1 Marriage Visas
The CR-1 and IR-1 visas are for foreign nationals already married to U.S. citizens or lawful permanent residents. The difference lies in the duration of the marriage at the time of application.
- CR-1 (Conditional Resident): For couples married for less than two years. Upon approval, the foreign spouse receives conditional permanent residency, which must be converted to full residency after two years.
- IR-1 (Immediate Relative): For couples married for more than two years. The foreign spouse receives unconditional permanent residency upon approval.
Eligibility Criteria:
- The sponsoring spouse must be a U.S. citizen or green card holder.
- Both partners must demonstrate that the marriage is legally valid.
- The couple must be able to prove and demonstrate they are getting married genuinely based on love and not for other intentions.
Application Process for Marriage Visas
The marriage visa process involves several steps and varies slightly depending on the visa type. Below is a general outline:
1. Petition Filing
- For K-1 visas, the U.S. citizen files Form I-129F with the United States Citizenship and Immigration Services (USCIS).
- For CR-1/IR-1 visas, the sponsoring spouse files Form I-130 with USCIS to establish the relationship.
2. USCIS Processing
USCIS reviews the petition. Once the petition has been approved, the case will then be sent for further processing by the National Visa Center (NVC)
3. Visa Application
After the USCIS processing, the foreign partner should then proceed to the visa application process which can be done at a U.S. embassy or consulate. This step includes:
- Submitting required documents.
- Completing a medical examination.
- Attending a visa interview.
4. Visa Approval and Entry
- For K-1 visa holders, entry to the U.S. is granted to marry within 90 days. Adjustment of status to a green card holder follows.
- For CR-1/IR-1 visa holders, entry is granted as a permanent resident. CR-1 holders must remove conditions after two years.
After completing the above mentioned steps, you will then be required to proceed to the post-visa approval: adjustment of Status phase. The steps involved includes:
- K-1 Visa Holders: After marriage, file Form I-485 to adjust status and become a permanent resident.
- CR-1 Visa Holders: File to remove conditions after two years using Form I-751.
- IR-1 Visa Holders: No additional steps are required for unconditional permanent residency.
In the above section, we stayed that getting a marriage visa might not be easy, here are the reasons why:
Challenges in the Marriage Visa Process
- Processing Times: Processing times vary based on the visa type and country of residence. Applications can take several months to over a year, so planning ahead is crucial.
- Proof of Genuine Relationship: To prevent fraud, the U.S. government requires substantial evidence of a genuine relationship. This may include: Photos together, Correspondence records, Joint financial accounts, Affidavits from friends and family.
- Denials and Ineligibility: Marriage visa denials may occur if, The foreign partner has been a convicted criminal before, there are previous immigration violations, insufficient evidence is provided to prove the relationship.
Conclusion
Securing a U.S. marriage visa is a detailed and time-intensive process, but it is a critical step toward uniting with your spouse in the United States. By understanding the visa types, meeting eligibility requirements, and providing sufficient documentation, couples can successfully navigate the process. With patience and proper preparation, you can build your future together in the U.S.