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Basic Information about Marriage Visas

 

 

What is a Marriage Visa?

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 three major steps to obtaining a Marriage Visa.

Step 1. 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.

Step 2. 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.

Step 3. Once all of the necessary paperwork has been filed, the last step is the foreign spouse’s interview.

After all three steps have been satisfactorily completed, then the Marriage Visa will be issued to the foreign spouse by the U.S. Embassy or Consulate.

 

Once the Marriage Visa is issued, is the foreign spouse free to go to the United States?

Yes. The foreign 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 a 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 a Marriage Visa Petition.

Please note that processing times for U.S. Residents
are 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. It is suggested that a U.S. Resident wishing to marry a foreign national, obtain his or her citizenship first.

 

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