Spouse or Fiance Visa?
Finding love has vast legal implications, especially when bringing a spouse or fiancé(e) to the United States. The visa process provides two different legal paths based on the status of the relationship with different burdens of proof, and a host of other questions and pieces of information the U.S. government requires.
A U.S. citizen married to a foreign national has the choice bringing his or her spouse to the U.S. as an immigrant or non-immigrant. For an immigrant visa, the spouse must file either an IR1 (immediate relative, marriage is longer than two years) or CR1 (grants conditional residency). For the IR1 and CR1, filing an I-130, Petition for Alien Relative, along with another form, is the first step, which can also be filed outside the U.S under certain circumstances. The IR1 results in immediate permanent resident- or “green-card”- status that is renewable every ten years, where as a CR1’s conditional residency lasts only two years and requires that the applicant petition to have the condition remove before expiration. The applicant then receives a ten-year green card. A permanent resident may also bring his/her spouse under a more limited basis. Following an available visa number, the applicant should then adjust their status to permanent residency. However, a U.S. Citizen who began the process as a permanent resident must ‘upgrade’ the petition from family second preference (F2, for permanent residents) to immediate relative (IR).
Fiance Visa: A U.S. citizen wishing to bring his or her fiance to marry and live here in the U.S. may do so under an K-1 visa by first filing form I-129F. The I-129F must be filed in the U.S. The petition allows the fiancé(e) to come to the U.S. 90 days before he or she is to marry the sponsor. Given the short amount of time between arrival, marriage and permanent resident status, the foreign spouse be also meet some immigrant requirements. A permanent resident is ineligible to sponsor the entry of his or her fiancé(e) to the U.S. Additionally, children will receive K-2 visas.
Differences aside from proof and other administrative requirements include affects on other matters related to immigration law regarding, among other things, adjustment of status, work options, travel, and whom the spouse or fiancé(e) may bring with them to the U.S.
If you have any questions, the team here at Buda Law Group will gladly answer them. Please reach out to us to find out more or get a competitive quote on our legal immigration services.
Thank You,John B. Buda, Esq. www.budalawgroup.net office: 626-714-7492 [email protected] 1201 W. Huntington Dr. Suite 209 Arcadia, CA 91007