There are two primary ways for a foreign resident to acquire a green card after respectfully marrying a U.S citizen or permanent resident. The two ways, either a fiancé or marriage visa, has its advantages and disadvantages for the individual couple to consider. The element of each visa depends on the couple’s personal choice of cost, speed of the cycle, and specific details regarding their personal relationship. Below are details of each visa’s format and process to help choose which visa would be appropriate for you.
Fiancé Visa
The fiancé visa is the process that allows the foreign resident and their children to come to the U.S for the purpose of getting married to their U.S companion. After the marriage, the foreign resident would then undergo the process of “changing their status” to attain a green card.
Fiancé Visa Process
The beginning of the entire process starts with the petitioner (U.S citizen) filing the I-129F form.
The USCIS then reviews the forms and checks for eligibility; if accepted, the form is sent over to the (NVS) National Visa Center.
From here, the approved form will lead to a scheduled visa interview for the immigrant fiancé and the visa interview will then verify if you qualify for the K-1 nonimmigrant visa. If verified, the foreign fiancé will travel to the U.S where the U.S resident and immigrant fiancé will have intentions to marry in the following 90-days.
The final step is to apply for a green card by filing Form I-485, the Application to Register Permanent Residence or Adjust Status.
Marriage Visa
A marriage visa is different from the fiancé visa by a main component, rather than getting married in the U.S, the couple will have been married outside of the United States and then begin the process of attaining a green card. After the marriage, the U.S citizen will request the U.S government for a visa number for spouse and their children . The candidate will begin the process by documenting the form I-130, the Petition for an Alien Relative.
Marriage Visa Process:
YOU ARE A: | YOUR SPOUSE IS: | HOW TO APPLY |
U.S citizen | Inside the United States (through lawful admission) |
|
| Outside the United States |
|
Green Card (permanent resident) | Inside the United States (through lawful admission) |
|
| Outside the United States |
|
Consular Processing
When applying for an immigrant visa (green card), consular processing is the main procedure that is used to obtain the visa when the applicant is currently outside of the U.S through the U.S embassy or consulate representative in the respective foreign country.
Consular Interview
The consular interview will establish and examine the individual documents in your application as to confirm your appropriate relationship with your spouse and the certifiability of the marriage.
Look for Assistance with the Fiancé Visa or Marriage Visa Process
Little oversight and blunders might bring about huge defers in the visa cycle. While arranging your marriage, the last thing you need is to see your future companion's appearance deferred by many months — or more — because of avoidable complications. Working with an accomplished Texas movement lawyer can assist you with staying away from legal entanglements and keep the fiancé visa or marriage visa application process pushing ahead, proficiently and effectively.
To schedule a consultation, feel free to call 713-524-4529 or send us an email at info@kamallawfirm.com