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Congratulations, you want to marry! Maybe love doesn’t recognize borders, but the U.S. government does. Here’s some information on fiancé and marriage visas – when one person is a U.S. citizen and the other isn’t. Warning! It’s a very bad idea for a foreigner to enter the U.S. as a tourist if the real intention is to marry and remain in the U.S. Be honest in answering questions on entering the U.S.
Here’s a chart that shows some of the main points to compare. Any process you choose is complicated, and so is the chart. Take it as a starting point. The information is current as of October 2022. The bottom line is you might get to the U.S. more quickly on a fiancé visa, but you won’t be able to work for a while, and the entire process of getting a green card takes longer. Due to the backlogs caused by the pandemic, fiancé visas often take much longer than before.
| QUESTION | FIANCÉ VISA | SPOUSAL VISA |
| Who can apply? US Citizen or LPR? Note: An LPR is a Permanent Resident or Green Card Holder | Only a US citizen | US citizen and LPR |
| Are same-sex couples eligible? | Yes | Yes |
| What’s the filing fee cost if you interview abroad?
There are additional fees not listed here such as the medical exam, which apply to both |
NOTE: The fiancé visa interview always takes place abroad
$535 Initial Form I-129F (USCIS) $265: Visa fee for interview abroad
NOTE 2: After you marry, you can apply for a green card. $1,225 for Form I-485
|
$535 Initial Form I-130
$325 IV Application processing (NVC – National Visa Center) $120 Affidavit of Support processing (NVC) $220 USCIS Immigrant Fee (to prepare green card – after visa is approved). This fee does not apply to fiancé visas. |
| What’s the filing fee cost if you apply and interview in the U.S.?
|
You cannot apply for a fiancé visa in the U.S. | $535 Initial Form I-130
$1,225 for Form I-485
|
| Is the green card a 10-year card? | No. This will be a conditional card if you have been married less than 2 years. Then you must file I-751 form to remove conditions
Fee to file I-751: $680
|
Yes IF you’re married for more than 2 years.
This will be a conditional card if you have been married less than 2 years. Then you must file I-751 form to remove conditions Fee to file I-751: $680
|
| How long does the process take? These timeframes are estimates and apply to cases with no problems | Approx. 12-24 months to get the visa to enter the U.S.; then another 6-18 months in the U.S. to get green card | For U.S. citizens:
Approx. 18-24 months if you interview abroad; 10-18 months if you apply and interview in the U.S. For LPRs: Add time if a spousal visa is not currently available. |
| What if the U.S. citizen or LPR petitioner has past criminal convictions? | There are more requirements to reveal past convictions in the fiancé visa process . Click here for more information. | There are more requirements to reveal past convictions in the fiancé visa process . Click here for more information. |
Fiancé visas. A U.S. citizen can apply for a K-1 visa for a foreign-born fiancé. This will allow the fiancé to come to the U.S. to marry. The marriage must take place within 90 days of entry into the U.S. S/he can then legally remain in the U.S. and apply to “adjust status” aka get a green card without going back home. This process typically takes 9-12 months, so allow plenty of time. Green card holders (LPRs) cannot apply for a K-1 visa.
Spousal visas. If you marry abroad, the U.S. citizen or LPR can apply for a green card for her/his spouse. This also usually takes at least 12 months for citizens, and it’s extremely difficult to speed that up. It takes longer for spouses of green card holders, because there’s a quota.
Same-sex fiance(s) and spouses. Same-sex couples are treated the same as any other couple since 2013, even if same-sex marriage is not legal in the foreign country. You must marry in a jurisdiction where same-sex marriage is legal.
Visiting the U.S. Your beloved will need a visitor (B) visa unless s/he is a citizen of a country in the Visa Waiver Program. Visa Waiver country citizens can visit the U.S. for up to 90 days, and can marry during that time. Visitors on a B visa and Visa Waiver entrants must leave the country at the end of their authorized stay. Get advice on overstaying before your permission to stay in the U.S. expires.
For both fiance and marriage visas you must show you have a genuine relationship – that you’re not marrying just for immigration reasons. You need to submit as much evidence as possible to show that – from the start. If you don’t, you’re almost certainly going to face problems.
How do you decide what to do? Sometimes it’s easy. Maybe you want the ceremony to take place in the U.S. so a K-1 fiancé visa is the obvious choice. Or you might know you want to marry overseas because the foreign family will not be able to travel to the U.S. for a wedding there. In that case you marry abroad and the U.S. citizen then files an I-130 petition to start the green card process for the foreign national. There are cost and timing considerations. A fiancé visa might process more quickly than a marriage visa, but you’re going to have to go through the time and costs of a second immigration process in the U.S. to get the green card so overall it’s going to take longer for the foreign fiancé to get a green card and permission to work. There might also be travel issues. When the foreign fiancé knows they’ll need to travel out of the U.S. soon after entering, it’s definitely better to marry abroad and apply for a green card because you’ll be able to leave the U.S. and re-enter; that’s not the case when you enter on a K-1 visa.
How can an immigration attorney help? Based on our experience with many couples, we strongly advise you to consult with an experienced U.S. immigration attorney before making any decisions. We can advise you on the pros and cons, and the steps involved, of a fiancé or marriage visa, so you can make informed decisions. If you decide to have us represent you we’ll work with you to prepare all forms, statements and other supporting documents. Clients are usually surprised at how much paperwork is involved, and how easy it is to make mistakes that can cost you time and money. The U.S. government is introducing new legal requirements. adding new forms, and making them longer and longer.
Getting through the immigration process isn’t just a matter of filling in forms; it really makes a difference to get advice on the law involved from the beginning.
We can advise you no matter where in the world you live. U.S. immigration law is federal; this means you and your attorney can be anywhere in or out of the U.S. We normally consult by video chat at first, then decide how to proceed.
