A Marriage Visa is an immigration visa that allows the foreign spouse of a U.S. Citizen or U.S. Resident to immigrate to the United States. While the speed of Marriage Visa processing for spouses of U.S. Citizens has greatly improved within the last year, K1 Fiancee visas are still considered the quickest and simplest legal vehicle into the United States for most engaged international couples (where one of the parties is a U.S. Citizen). If you are a U.S. Citizen who is already married to a foreign national, or a U.S. Resident who is engaged/married to a foreign national, you must file for an I-130 Immigration Petition and Immigration Marriage Visa.
What are the necessary steps to obtain a Marriage Visa?
There are two major steps to obtaining a Marriage Visa: The first step involves the filing of the I-130 Immigration Visa Petition by the U.S. Citizen or U.S. Resident (also known as the "Petitioner"). This petition is filed with the United States Citizenship and Immigration Services (USCIS) and must be sent to the appropriate USCIS Service Center, which is based upon the geographic residency of the U.S. Citizen or U.S. Resident.
Once the I-130 Immigration Visa Petition has been approved by the USCIS, the second step involves the filing of the foreign spouse's application, the foreign spouse's interview, and the eventual issuance of the Marriage Visa at a foreign U.S. Embassy or Consulate. Please note that processing times for U.S. Residents are much, much longer than processing times for U.S. Citizens. A spouse of a U.S. Citizen is immediately eligible for immigration visa issuance once a petition is approved, whereas the spouse of a U.S. Resident must wait--several years--until an Immigrant Visa Number becomes available once the petition is approved.
Once the Marriage Visa is issued, how does it work?
The spouse is then free to enter the United States for purposes of immigration. Several months after the spouse arrives, he or she will receive a Conditional Permanent Resident Card (Conditional Green Card) or, if the couple has already been married for two years or more, a Permanent Resident Card (Permanent Green Card).
Who is eligible to file an Marriage Visa Petition for a Spouse?
U.S. Citizens or U.S. Residents who have legally married a foreign national spouse in a foreign country are eligible to file for an Marriage Visa Petition.
