U.S. citizens presently have two options for facilitating the immigration of future spouses to the US: the K-1 fiancé visa and the alien-spouse immigrant visa.
A fiancée of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.
In many cases, the processing time for a fiancé visa is shorter than that for an alien spouse. Fiancé visa processing can take several months from the filing of the petition to the final adjudication of the visa total processing time for the alien-spouse visa can take 6-12 months depending on individual circumstances.
If your alien fiancé is already in the United States and plans to adjust status in the U.S. via naturalization, your lawyer must contact the Immigration and Naturalization Service (INS).
U.S. citizens may file an I-129F petition with INS for the issuance of a K-1 fiancé visa to an alien fiancé. A citizen exercising this option must remain unmarried until the arrival of the fiancé in the U.S., and the wedding must take place within three months of the fiance’s arrival if he/she is to remain in status.
Also, the alien and U.S. citizen must have met personally at least once in the two years before the petition was filed. Legal permanent residents may not file petitions for fiancé’s visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.
If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse.
This can be filed either with the (INS) in the United States, or, under certain circumstances, at U.S. Embassies or Consulates abroad. U.S. Embassies and Consulates have differing policies for approving I-130s and should be individually contacted about the availability of this service.
Prior to departure from this country, the U.S. citizen should contact the INS or appropriate foreign service post to ascertain exactly what documents will be necessary to file the immigrant petition for a new spouse.
I hired David after trying through another attorney to get my wife immigrated to the USA. He had her here in 4 months because he knows the latest rules and steps for immigration. Do not be fooled, this process must be done properly amongst a constantly changing system. David and staff knows the business of immigration.
More Client Testimonials
During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! Call us at (713) 224-4040.