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Alien Spouse Visas

American Citizen - Foreign National Marriages
What Visas Are Available?

U.S. citizens presently have two options for facilitating the immigration of future spouses to the US: the K-1 fiancée visa and the alien-spouse immigrant visa.

What is a Fiancée 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.

How Long is the Processing Time?

In many cases, the processing time for a fiancée visa is shorter than that for an alien spouse. Fiancée 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 fiancée is already in the United States and plans to adjust status in the U.S., your lawyer must contact the Immigration and Naturalization Service (INS).

Marriage In the United States: Fiancée Visa
What is an I-129f Petition?

U.S. citizens may file an I-129F petition with INS for the issuance of a K-1 fiancée visa to an alien fiancée. A citizen exercising this option must remain unmarried until the arrival of the fiancée in the U.S., and the wedding must take place within three months of the fiancé'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 fiancée visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.

Marriage Abroad: Alien-Spouse Visa
What is an I-130f Petition?

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.