Fiancée and Marriage Visa Options

Finding Love Around the World

People can fall in love across international borders.

Nothing has shrunk the world quite like the internet, and whether you are in the same city or across the globe, the internet has been an increasingly popular place for people to “meet.” What often starts on the Internet quickly turns in to hours of phone bills and then trips back and forth then issue of marriage comes up.  Many couples do not want to rush into marriage just to get a visa, and who can blame them?  However, given the other visa restrictions getting a green card by marriage might put less of a strain on the relationship than long periods of separation.

Fiancée visas and marriage-based visas can take between 9 – 12 months to process so planning things well in advance is always advisable.

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US Immigration once reported that 50% of all green card applications based on marriage are fake, so they are particularly scrupulous in their examination of all the documentation. Whilst it is possible to do these cases yourself, it certainly is not recommended.  Depending on your situation, there are a number of options to choose from, including: –

K1 Fiancée Visa – For individuals who are not married, but are engaged and would like to come to the US to get married

For those individuals who are unable to travel to the US under the visa waiver program, the fiancée visa is often the most appropriate. It is important to remember that the wait times can be a bit unpredictable, so wedding planning can be difficult. Additionally, as soon as the foreign citizen enters the US, he or she will have 90 days in which to get married. Oftentimes, our clients will have a very small ceremony meet this requirement, and plan a larger celebration for a later time.

After getting married, the couple then needs to apply for the green card from within the US.

K3 Marriage Visa – For individuals who are already married and would prefer to remain in their home country for the processing, or who cannot travel to the US

AOS: Love and US Immigration

In some cases, the US citizen and his or her spouse have been living abroad for some time and would like to secure the marriage visa first. The marriage visa, much like the fiancée visa, can take 9-12 months to complete, and once done, the marriage couple will then be able to travel to the US.

After arriving in the US, the couple then needs to apply for the green card from within the US.

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Adjustment of Status (AOS) – For couples who are already in the US and have decided to get married

For those individuals who are citizens of a country eligible for the Visa Waiver Program, traveling to the US is quite easy, and if you are in the US visiting your significant other and you decide you cannot be apart much longer, we can file your green card application as soon as you are married.

The AOS process is also appropriate for individuals who are already in the US on another type of visa, meet a US citizen, and decide to get married. In these situations, as soon as the couple is married, the green card documentation can be filed.

If you file your case right first time and stay on top of things your case should track through to a great outcome. One of the biggest factors is to give yourself more time that you think you’ll need so that when a snag is encountered it does not throw everyone into a panic because you have allowed plenty of time for the various immigration agencies to do their thing. Give us a call today for more specifics about the options for fiancées and spouses of US citizens.

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Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
401 Wilshire Boulevard, 12th Floor,
Santa Monica,
California 90401
Tel: 310 496 4292

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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