How can your fiance(e) or spouse immigrate here to the US to be with you permanently?

You have someone you want to be with but they’re a citizen of another country, far away from you. How can your fiance(e) or spouse immigrate here to the US to be with you permanently?

Navigating the US immigration system is a long, complex, and often frustrating process.

It’s important to do everything correctly the first time around. Small mistakes can lead to extra expense and longer wait times.

Our immigration attorneys specialize in this process and will ensure that things go as quickly and smoothly as possible.

There are two paths your significant other may be able take to immigrate to the US. Regardless of which path you choose, you and your significant other must either be married already, or be willing to get married as soon as they arrive in the US.

Here is a brief overview of the two possible paths:

Path 1: The K1 Fiancé(e) Visa

• The K1 “90-day fiancé(e)” visa allows a US citizen to bring a foreign fiance(e) to the United States for the purpose of marriage.
  • The “90-day” part of this visa’s name refers to its stipulation that you must marry your fiance(e) within 90 days of their arrival on US soil under the K1 visa.

*The K1 Fiance(e) visa has recently gained popularity due to the reality TV show of the same name. Because of this, processing times for this visa have become very long, sometimes exceeding 2 years.

Steps to take to secure a K1 Fiance(e) visa for your significant other:

1. Determine your eligibility

In order to be eligible for this visa:

• You must be a United States citizen
  • permanent residents are not eligible to file for this visa
• You and your fiancé(e) must both be free to legally marry
  • any previous marriages must be legally terminated by divorce or death
• You must have met your fiancé(e) face to face at least once within the 2-year period prior to filing for this visa
  • there are very limited exceptions to this rule

Once you’ve determined that you and your fiance(e) are eligible for the K1 fiance(e) visa, the steps to take are as follows:

2. File a Petition for Alien Fiancé(e)

File this petition with the United States Citizenship & Immigration Services (USCIS).

In the petition, you will be required to provide:

• proof of your relationship with your fiance(e)
• evidence to support all the above-mentioned eligibility requirements

3. Submit an “affidavit of support”

You, as the US citizen fiance(e), must submit an “affidavit of support” for your wife or husband.

• This guarantees the US government that your foreign spouse will not require means-tested public benefits from the US
• There are some limited exceptions to this requirement

4. Wait for your fiance(e)s interview

Your foreign fiance(e) will need to be interviewed to determine their eligibility.

• Once your petition is approved by USCIS, your case is forwarded to the National Visa Center.
• The National Visa Center works with the U.S. Embassy or Consulate in your fiancé(e)’s country to schedule an interview for your fiance(e) with a Consular Officer.
• This officer determines whether your fiancé(e) is eligible for the K1 visa.
• Many documents are required for this interview, which vary from country to country.

5. Get married

• Once your fiance(e) has arrived in the US under the K1 Fiance(e) visa, you have 90 days to get married.
• If you and your fiance(e) fail to marry within the 90 day period, the visa will no longer be valid and your fiance(e) will be required to leave the US.

4. Apply for a 2-year, conditional resident, green card

• Once you and your finance(e) have married within the required 90 day time frame, your new husband or wife must apply for their green card through the adjustment of status process. (this is the process of applying for a green card from within the US)
  • The green card will allow your spouse to live and work freely in the US for two years.
• Depending on your spouse’s circumstances, they may also choose to apply for
  • work authorization
    • allows them to legally work in the US while awaiting their green card
  • travel authorization
    • allows them to leave the US without jeopardizing the green card application

6. Apply for a 10-year permanent resident green card

During the 90 day period prior to the expiration of your spouse’s 2-year conditional green card, they must file a petition for their 10-year permanent green card.

• This 10-year green card will subsequently be renewable in 10 year periods.
• To qualify for the 10-year green card, your spouse and you must again prove the validity of your marriage.

Path 2: The Spousal IR1 (immediate relative) or CR1 (conditional resident) Visa

If you’re already legally married to a foreigner, the spouse visa is your only option.

This visa has fewer requirements than the K1 Fiance(e) visa.

Both U.S. citizens and green card holders may apply for this visa

1. File a Petition for Alien Relative

Whether your spouse is in the United States or overseas, begin this process by filing a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS).

Your petition must include clear and convincing evidence of your marriage.

2. Submit an “affidavit of support”

You, as the US citizen spouse, must submit an “affidavit of support” for your wife or husband.

• This guarantees the US government that your foreign spouse will not require means-tested public benefits from the US
• There are some limited exceptions to this requirement

Then, if your spouse is outside the US:

3. Wait for your spouse’s interview

Your foreign spouse will need to be interviewed to determine their eligibility.

• Once your petition is approved by USCIS, your case is forwarded to the National Visa Center.
• The National Visa Center works with the U.S. Embassy or Consulate in your spouse’s country to schedule an interview for your spouse with a Consular Officer.
• This officer determines whether your spouse is eligible for an immigrant visa.

4. Once approved for an immigrant visa, your spouse may travel to the United States

5. Your spouse will receive their green card shortly after arrival in the US

• If you’ve been married for less than 2 years at the time of your spouse’s entry into the US, your spouse will receive a 2-year “conditional” green card (CR1 visa).
  • During the 90 day period prior to the expiration of your spouse’s 2-year conditional green card, they must file a petition for their 10-year, permanent resident, green card.
  • This 10-year green card will subsequently be renewable in 10 year periods.
    • If you’ve been married for more than 2-years at the time of entry, they will receive a 10-year (permanent resident) green card.
    • This 10-year green card will subsequently be renewable in 10 year periods.

If your spouse is already inside the US, has a lawful entry, and if the petition for Alien Relative is approved by USCIS:

3. Check with your immigration attorney to see if your foreign spouse is eligible for permanent resident status. (a 10-year green card)

4. Depending on your spouse’s circumstances, they may also choose to apply for

• work authorization
  • allows them to legally work in the US while awaiting their green card
• travel authorization
  • allows them to leave the US without jeopardizing the green card application
• This article is a very brief overview of the steps towards permanent US residency for your foreign fiance(e) or spouse.
• It is not an exhaustive description of this time-consuming and complicated legal process.
• This article does not constitute specific legal advice, as every case is unique.

If you need to immigrate your fiance(e) or spouse to the United States, contact us at Alaska Immigration Law Center & US Immigration Law Center. We’ll help you accomplish this as quickly and easily as possible.

We represent clients in all 50 states and worldwide.