Family Based Immigration Law

Immigrating to the US Through Marriage

Key Takeaways

  • A K-1 fiancé visa is a way to bring your fiancé to the U.S. to get married.
  • After marriage, your spouse can get lawful permanent residency to stay in the U.S.
  • After some time of holding a green card, your spouse will be able to apply for citizenship.

Whether you’re planning a wedding or already married, living in the U.S. or abroad, it is daunting if you are a U.S. citizen and your partner is a foreign national. Getting citizenship or permanent residency for your partner includes filing fees, interviews, and legal paperwork. Mistakes along the way could cause an application denial, which can cost you even more time and money.

An immigration lawyer can give you legal advice about American immigration laws and explain how your spouse or fiance can immigrate to the U.S. Contact a local immigration attorney for answers to your questions about marriage visas.

Getting a Visa for Your Fiancé

If your fiancé(e) isn’t a U.S. citizen, you have more steps to take as you navigate the immigration process. The naturalization process comes later. To get your fiancé to the U.S., you’ll need to follow the application process of the U.S. Citizenship and Immigration Services (USCIS). These steps generally include the following:

  • You must file Form I-129F, Petition for Alien Fiancé, and supply any evidence needed.
  • Your fiancé will need to fill out the forms for a K-1 nonimmigrant visa, more commonly called a fiancé visa, and bring it to the interview.
  • The U.S. Embassy in your fiancé’s country will then schedule an interview to determine if they’re eligible for the conditional visa.
  • If they grant the visa, your fiancé will have six months to use it to come to the United States.
  • You’ll need to have your wedding within 90 days of your fiancé entering the U.S.
  • After you’re married, your fiancé will need to apply for a marriage green card for lawful permanent resident status (LPR).
  • Your fiancé will need to file for a K-2 visa if they have any unmarried children under 21 who are also coming to the U.S. The children will also need a green card application.

Eligibility Requirements for a Fiancé Visa

To apply for the fiancé visa, you and your partner will need to meet a few qualifications:

  • You’ll need full U.S. citizenship to bring a non-U.S. citizen over through a fiancé visa.
  • You’ll both have to be legally free to marry. This means you’re not legally married to anyone else when you file for the visa.
  • You and your fiancé must meet in person at least once in the two years before you file unless you’re granted a waiver. Waivers are usually only granted if you can prove a financial and logical hardship made the meeting impossible or if meeting in advance of the wedding would violate long-standing tradition.

If you don’t get married within 90 days, the visa will expire. Your fiancé will likely have to leave the country or face deportation. This can affect their ability to apply for citizenship in the future.

If the visa is denied, you’ll need to address the issues that led to the denial and then restart the process from the beginning.

Getting Your Spouse U.S. Permanent Residency

First, your noncitizen spouse will need to get a green card. Generally, you’ll both need to fill out two USCIS forms to begin the process of getting an adjustment of status:

You’ll need to send supporting documentation during the application process. This could include your marriage certificate and birth certificate.

You may have the option to appeal if the green card is denied. Check your denial notice to see if you’re eligible. You’ll need to pay additional filing fees and file by the deadline they provide. Usually, you won’t be able to appeal the decision. But you can address the issues that caused your partner to be denied and then refile.

Getting Your Spouse Citizenship Through Naturalization

After your new spouse becomes a green card holder, you’ll have to play a bit of a waiting game before they can get citizenship through naturalization. Your spouse will need to live in the country continuously for three years with their green card before they can apply for citizenship. You’ll also need to live together as spouses for those three years.

In addition to these marriage-specific naturalization requirements, your spouse will need to meet the general requirements for citizenship, including having:

  • Being at least 18 years old
  • The ability to read and write English
  • An understanding of U.S. history and government, as demonstrated through a civics test
  • Good moral character

They will also need to fill out Form N-400, Application for Naturalization, and will need to pledge an oath of allegiance to support the U.S. Constitution.

At each stage of the process, either or both of you may have to give more interviews to prove you have a genuine, valid marriage. The U.S. government representatives working on your case will need to determine that you have a bona fide marital union for your spouse to be eligible for citizenship. In other words, they will try to determine if your marriage is a sham just for your spouse to get into the U.S.

Get Advice From an Experienced Immigration Attorney

The best way to ensure your family’s security is by closely following U.S. immigration laws. Errors could prevent your spouse from getting citizenship in the future. Working with an experienced immigration lawyer could help you find and file your forms and documents. They can help prepare you for the next stages of citizenship through the naturalization process. Contact an experienced immigration attorney for help with marriage-based citizenship.

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