Marriage & Fiancée Visas

Marriage & Fiancée Visas

Lim Law – Orlando & Central Florida Immigration Attorney

Marriage Visa:

The first step to obtain a marriage visa is to file a Form I-130 (Petition for Alien Relative) for a spouse to immigrate to the U.S.

K-3 Visa – Nonimmigrant Visa for a Spouse:

K-3 visa is no longer being processed; instead you can apply for a CR-1 Visa or IR-1 Visa.

CR-1 Visa – Conditional Resident:

This allows applicants to receive conditional resident status in the U.S. This allows immediate employment authorization while waiting for their green cards, which could take 2-3 months. A CR-1 visa is granted if you and your spouse have been married for two years or less. It is advised that both the spouse and applicant apply for permanent residency status 90 days before the end of the second year as a conditional resident. If they fail to apply, the spouse is no longer considered a resident and has to return to their home country.

IR-1 Visa – Immigrant Resident:

IR-1 Visas are for spouses who have been married to a U.S citizen for two years or more. It is basically the same as a CR-1 visa except that when entering the U.S they are considered unconditional permanent residents with the right to work. Under this status, they do not need to apply for permanent residency, receiving their green cards within 2-3 months after arrival.

K-1 Visa:

The K-1 nonimmigrant visa is for a fiancée of a U.S citizen to travel to the U.S and marry within 90 days of arrival. In order to be considered a fiancée, you must file Form I-129F (Petition for Alien Fiancée). Your spouse can apply for immediate work permission after admission by filing a Form I-765 (Application for Employment Authorization) allowing him/her to work for 90 days.

Requirements:

  • Petitioner must be a U.S citizen
  • Marriage within 90 days of your fiancées arrival in the U.S
  • Both you and your fiancée must be free to legally get married.
  • Met your fiancée within 2 years of the application
  • Meet the minimum financial requirements

Once married, your spouse can apply for permanent residency status in the U.S, while waiting for the application to get processed.

If after 90 days you and your spouse do not get married, he/she loses her status as a fiancée and must leave the U.S. A fiancée visa cannot be extended.

Lim Law's team of Central Florida Immigration attorneys handle an array of marriage & fiancée visas, including the K-3 visa, CR-1 visa, and IR-1 visa.
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