What Happens When You Want to Live with Your Fiancé in the United States
Congratulations, you found love! Now where will your happily ever after be? If you’re a U.S. citizen or have lawful permanent resident status you might be wondering if this can be in the United States. The answer is yes, but there is a process to follow, guided by U.S. Citizenship and Immigration Services (USCIS), if you want to live together in the United States.
Your non-citizen spouse will need their own marriage green card to come and live with you. Depending on the situation, the application process will be slightly different.
Here, we will go through specifics such as the current place of living, so before continuing to read this article, you may want to check your eligibility and learn more about a marriage-based green card.
If You and Your Fiancé Are Already in the United
If both you and your fiancé(e) are already in the U.S., your fiancé(e) likely has a temporary visa, such as a work visa or a visitor visa. The good news is that your fiancé(e) can transition from their temporary visa to a green card (lawful permanent residency) through a process called Adjustment of Status. This process allows them to remain in the U.S. while their green card application is being processed, avoiding the need to return to their home country.
Marriage in the U.S.
Before proceeding with your spouse’s green card process, you will need to get legally
married. Here’s how to prepare:
- Marriage License Requirements: Each U.S. state has its own set of requirements for obtaining a marriage license. As a non-U.S. citizen, your fiancé(e) will typically need to present valid identification, such as:
- A passport
- Driver’s license or state-issued ID
- In some cases, a birth certificate may be required to verify legal age.
If your fiancé(e) was previously married, they may also need to provide proof of their single status (e.g., a divorce decree or death certificate of a previous spouse). Additional requirements, like blood tests or waiting periods, may apply depending on the state.
To ensure compliance with local regulations, check the specific requirements in your county. You can refer to the Find Law guide on Marriage Licenses by State for more detailed information.
Marriage Abroad
If you’re planning to marry outside the U.S., it’s essential to follow the local laws of the country where the marriage will occur. Generally, the U.S. will recognize marriages performed abroad as long as they meet the legal requirements of that country and do not violate U.S. public policies (such as laws prohibiting bigamy).
For information on specific countries’ marriage requirements, consult the Visa Reciprocity Schedule.
If You’re a U.S. Citizen
As a U.S. citizen, you have a streamlined option to help your spouse get a green card faster through Concurrent Filing. This method allows you to file both Form I-130 (Petition for Alien Relative) and Form I-485 (Application for Adjustment of Status) at the same time, reducing the overall wait time for green card approval.
By using concurrent filing, your spouse can remain in the U.S. while waiting for the green card and even apply for work and travel authorization in the meantime.
Addressing Unlawful Presence
If your non-citizen spouse entered the U.S. legally (e.g., on a visa) but has since overstayed or lost their status, USCIS may waive the period of unlawful presence as part of the adjustment of status process. This means they can still apply for a green card without needing to leave the U.S., as long as they meet the eligibility criteria.
Entered Without Inspection (EWI) or Parole in Place
In cases where a non-citizen spouse entered the U.S. without a visa or parole (referred to as Entered Without Inspection, or EWI), they are generally not eligible to file for adjustment of status directly. However, certain individuals can cure their unlawful entry through Parole in Place (PIP) or by receiving Advance Parole:
- Parole in Place is available to some spouses of U.S. citizens, including those married to active-duty or veteran members of the U.S. Armed Forces. It allows these individuals to remain in the U.S. and adjust their status without leaving the country.
- Advance Parole is available for DACA holders and other non-citizens who need permission to travel abroad and re-enter the U.S. lawfully. After re-entering the U.S. on advance parole, some individuals can then file for adjustment of status.
If you believe these situations apply to you, it is important to explore your options carefully, as these cases can be complex. Working with an experienced immigration attorney can help ensure the process goes smoothly and in compliance with U.S. immigration laws.
Filing Process: Adjustment of Status
Once you are married, the next step is filing Form I-130 to establish your relationship and initiate your spouse’s green card application. The steps vary depending on whether you are a U.S. citizen or a lawful permanent resident:
Step 1: Determine Eligibility
Purpose: Ensure that you and your spouse are eligible to apply for adjustment of status.
Eligibility Requirements:
- For the U.S. Citizen/Permanent Resident Spouse:
- Must be a U.S. citizen or lawful permanent resident.
- Must have a legally recognized marriage to the foreign national.
- For the Foreign Spouse:
- Must be physically present in the United States.
- Must have entered the U.S. lawfully (e.g., with a visa or under the Visa Waiver Program).
- Must not have violated any terms of their entry, though some exceptions may apply.
Step 2: File Form I-130, Petition for Alien Relative
Purpose: Establish the marital relationship between the U.S. citizen/permanent resident
and the foreign spouse.
Steps:
- Complete Form I-130:
- Download Form I-130 from the USCIS website and fill it out with information about both spouses.
- Gather Supporting Documents:
- Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, green card).
- Marriage certificate to prove the relationship.
- Evidence of any prior marriages being legally terminated (e.g., divorce decrees, death certificates).
- Passport-sized photos of both spouses.
- Submit Form I-130:
- Send the completed Form I-130, along with the supporting documents and a filing fee of $675 (as of April 2024), to the appropriate USCIS address.
- Wait for the receipt notice (Form I-797) confirming that USCIS has received your petition.
Step 3: File Form I-485, Application to Adjust Status (Concurrent Filing with I-130)
Purpose: Apply for the foreign spouse to become a lawful permanent resident (green card holder). You can file Form I-485 concurrently with Form I-130.
Steps:
- Complete Form I-485:
- Download Form I-485 from the USCIS website and fill it out with the foreign spouse’s information.
- Gather Supporting Documents:
- Copy of the Form I-130 receipt notice (Form I-797) if filing separately.
- Copy of the foreign spouse’s birth certificate (translated if necessary).
- Copy of the foreign spouse’s passport and visa or I-94 record showing lawful entry.
- Marriage certificate.
- Two passport-sized photos of the foreign spouse.
- Form I-864, Affidavit of Support, completed by the U.S. citizen/permanent resident spouse to show financial support.
- Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-approved civil surgeon.
- Filing Fees:
- The filing fee for Form I-485 is $1,440 (as of April 2024).
- Submit Form I-485 (and Concurrent Forms):
- You can file Form I-485 concurrently with Form I-130. Additionally, you can include OPTIONAL Form I-765 (Application for Employment Authorization) and OPTIONAL Form I-131 (Application for Travel Document) to allow the foreign spouse to work and travel while their green card application is being processed.
- Filing Fees:
- Form I-765 (Employment Authorization): $520.
- Form I-131 (Travel Document): $630.
- There are no fee waivers for these forms when filed concurrently with Form I-485.
- Mail the Package:
- Send the completed forms (I-130, I-485, I-765, and I-131), along with supporting documents and the appropriate fees, to the designated USCIS lock-box based on your location.
Step 4: Biometrics Appointment
Purpose: The foreign spouse will provide fingerprints, photos, and a signature for background checks.
Steps:
- Receive Appointment Notice:
- USCIS will send a notice with the date, time, and location of the biometrics
appointment.
- USCIS will send a notice with the date, time, and location of the biometrics
- Attend the Appointment:
- The foreign spouse must attend the appointment and provide the required biometrics.
- Bring the appointment notice and a valid photograph ID.
Step 5: Attend the Adjustment of Status Interview
Purpose: A USCIS officer will review your application and interview both spouses to confirm the legitimacy of the marriage.
Steps:
- Receive Interview Notice:
- USCIS will schedule an interview at a local USCIS office. You will receive a notice with the interview date, time, and location.
- Prepare for the Interview:
- Bring original copies of all submitted documents, including:
- Passports
- Marriage certificate.
- Birth certificates.
- Proof of ongoing relationship (e.g., joint financial accounts, lease/mortgage documents, photos).
- Bring original copies of all submitted documents, including:
- Attend the Interview:
- Both spouses must attend the interview together.
- The USCIS officer will ask questions about your relationship, marriage,
and background.
- Interview Outcome:
- Approval: If the officer is satisfied, the foreign spouse’s green card application will be approved.
- Request for Evidence (RFE): If more information is needed, USCIS may issue an RFE. Respond promptly with the requested documents.
- Denial: If the application is denied, you will receive an explanation, and you may appeal the decision or reapply if possible.
Step 6: Receive the Green Card
Purpose: Once approved, the foreign spouse will receive a green card, granting them
lawful permanent resident status.
Steps:
- Receive Approval Notice:
- If your application is approved, USCIS will send an approval notice.
- Green Card Delivery:
- The green card will be mailed to the address provided on the application within a few weeks.
- The foreign spouse can now live and work in the U.S. as a lawful permanent resident.
If You are a Lawful Permanent Resident
As a lawful permanent resident (green card holder), your spouse can eventually obtain permanent residency, but the process involves additional steps and a longer wait compared to U.S. citizens. Here’s what you need to know:
Maintaining Valid Immigration Status
One key difference for spouses of green card holders is that they must maintain valid immigration status while waiting to apply for a green card. This means your spouse will need to have a valid work, student, or visitor visa throughout the process. Without valid status, your spouse may face difficulties adjusting to permanent residency.
Additionally, the adjustment of status (Form I-485) cannot be filed immediately after submitting Form I-130. Your spouse must wait until a visa number becomes available, which is determined by the Visa Bulletin under the F2A category for family preference visas. You can check the current visa availability and priority dates on the Visa Bulletin issued by the U.S. Department of State.
Visa Numbers and Wait Time
U.S. immigration law caps the number of green cards issued each year for family preference categories, which includes spouses of lawful permanent residents. For spouses of U.S. citizens, visa numbers are always available because they are considered immediate relatives. However, spouses of green card holders fall under the F2A visa category, where there is a waiting list for visa numbers.
Here’s how the process works:
- Form I-130 Filing: You, as the green card holder, will file Form I-130 to start the process.
- Priority Date: After filing, your case will receive a priority date. This date determines your spouse’s place in line for a visa number.
- Visa Availability: Once your spouse’s priority date becomes current, a visa number will be available, allowing them to move to the next step—filing Form I-485 for adjustment of status.
The wait time for F2A visas can vary but typically ranges from a few months to several years. Currently, the process can take up to 2 to 3 years. During this waiting period, your spouse must maintain their visa status to avoid complications
Next Steps for Your Spouse
Once a visa number becomes available, your spouse can file Form I-485: Application to Adjust Status to become a lawful permanent resident. At this point, they can also apply for work authorization (Form I-765) and travel authorization (Form I-131), allowing them to work and travel while the green card application is processed.
The 90-Day Rule for Adjustment of Status: What You Need to Know
When applying for adjustment of status in the U.S., one important concept to be aware of is the “90-Day Rule”. This is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to determine if an individual who entered the U.S. on a non-immigrant visa had a pre-conceived intent to immigrate. This is crucial especially for those who plan to marry a U.S. citizen or take other steps towards permanent residency shortly after entering the U.S.
What is the 90-Day Rule?
The 90-Day Rule is a USCIS policy to determine the intent of non-immigrant visa holders when they entered the United States. This rule is applicable to individuals who entered the U.S. on a non-immigrant visa such as B-2, F-1 or H-1B and then marry a U.S. citizen or take other major steps towards getting permanent residency within 90 days of their arrival.
The Presumption of Preconceived Intent: Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies for adjustment of status within 90 days of their entry to the United States, USCIS may assume that the individual had a preconceived intent to immigrate when they entered the country.
For example, if someone enters the U.S. on a tourist visa which is for short term visit and not for immigration purposes and then marries a U.S. citizen within the first 90 days, USCIS will question whether the individual really intended to go back to their home country or if they always planned to stay in the U.S. permanently.
Rebutting the Presumption: The good news is that the presumption of preconceived intent is rebuttable. This means applicants can provide evidence to USCIS that, they did not have an intent to immigrate when they initially entered the U.S. on a non-immigrant visa.
Some ways to rebut the presumption include:
- Providing detailed explanation of circumstances: Applicants can explain the circumstances that led to their marriage or application for adjustment of status within the 90-day period. For example, if the marriage was spontaneous and not planned before entering the U.S., this should be clearly stated.
- Offering evidence of changed circumstances: In some cases, events or circumstances may have changed after the individual’s arrival in the U.S. that prompted their decision to marry or apply for adjustment of status. Documenting these changes can help rebut the presumption of preconceived intent.
- Submitting affidavits: Affidavits from the applicant, the U.S. citizen spouse and other individuals who can attest to the legitimacy of the relationship or change in circumstances can be helpful in rebutting the presumption.
What if the Presumption is Not Rebutted?
If an applicant cannot rebut the presumption of preconceived intent, their adjustment of status application will be denied.
In some cases, USCIS may also find that the individual committed fraud or willful misrepresentation which can have serious consequences including being barred from re-entering the U.S. in the future.
What to Do If You Are Affected by the 90-Day Rule
If you are planning to marry a U.S. citizen or apply for adjustment of status and you entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware of the 90-Day Rule. Here’s what you can do:
- Seek advice: Given the complexity of U.S. immigration law and the consequences of denial, it’s highly recommended consult with an experienced immigration attorney before you take any step that can trigger the 90-Day Rule.
- Document your intent: If you decide to marry or apply for adjustment of status within the 90-day period, ensure you have all the documentation of your intent and the circumstances surrounding your decision. This documentation can be helpful in rebutting the presumption of preconceived intent.
- Be ready to provide evidence: USCIS may request additional evidence or an interview to review your case. Be ready to provide detailed explanation to prove that your actions were not pre-planned before entering the U.S.
If You’re in the United States but Your Future Spouse Isn’t
If you’re living in the U.S. and your future spouse is abroad, you have several options for bringing them to the United States. Choosing the right path depends on whether you are already married or planning to marry after they arrive
Option 1: I-130 and Consular Processing
If you get married abroad, you can file Form I-130: Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS) to start the immigration process for your spouse. This process is called consular processing and will end with your spouse’s interview at a U.S. embassy or consulate in their home country.
Here’s how it works:
- Filing Form I-130: Once you file the I-130 petition with USCIS and it is approved, your case will be forwarded to the U.S. consulate or embassy in your spouse’s country.
- Consular Interview: Your spouse will undergo a medical exam and attend an interview at the U.S. embassy or consulate. The interview is a key step in the process, where your spouse will need to demonstrate the authenticity of your marriage and meet other immigration criteria.
- Receiving the Green Card: Once approved, your spouse will receive a visa to enter the U.S. as a lawful permanent resident (green card holder). Upon arrival in the U.S., their green card will be processed.
Processing Time: The entire consular processing timeline generally takes 18 to 24 months, but delays can occur, so it’s crucial to stay updated via the USCIS website.
Option 2: K-3 Visa (Spouse of a U.S. Citizen)
If you’re a U.S. citizen and have already filed the I-130 petition, you have the option of filing Form I-129F for a K-3 visa, which allows your spouse to enter the U.S. while the I-130 petition is still pending. Here’s what you need to know:
- No Filing Fee: USCIS does not charge a fee for the K-3 visa petition, so filing it may provide a backup option in case the I-130 process takes longer than expected.
- Is It Faster?: In most cases, the K-3 visa is not a quicker route because by the time the K-3 visa is ready for the embassy interview, the I-130 petition may already be approved. However, it is often recommended as an “insurance policy” in case the I-130 gets delayed.
Important Note: The K-3 visa is only available if the I-130 petition is still pending at USCIS during the K-3 interview. Once the I-130 is approved, your spouse will move forward with consular processing, making the K-3 visa redundant.
Option 3: K-1 Fiancé(e) Visa
If you’re a U.S. citizen and prefer to get married in the United States, your future spouse can apply for a K-1 visa, commonly known as a fiancé(e) visa. This visa allows them to enter the U.S. for marriage. Here’s the process:
- Filing Form I-129F: Start by filing Form I-129F with USCIS. Once the petition is approved, your fiancé(e) can submit the DS-160 application at the U.S. embassy to obtain the K-1 visa.
- Entering the U.S.: Upon receiving the K-1 visa, your fiancé(e) can travel to the U.S. You must marry within 90 days of their arrival.
- Adjustment of Status: After the wedding, your spouse can file Form I-485 to adjust their status to a lawful permanent resident (green card holder).
Processing Time: The K-1 visa process typically takes 6 to 12 months.
Key Requirements for the K-1 Visa:
- In-Person Meeting: Before applying for a K-1 visa, you and your fiancé(e) must have met in person at least once within the last two years.
- 90-Day Deadline: After your fiancé(e) enters the U.S., you must marry within 90 days. If not, they may face deportation or be required to leave the U.S.
Once married, your spouse will need to attend a biometrics appointment and potentially an interview with USCIS. If they wish to work or travel outside the U.S. while the green card application is pending, they can apply for a work permit (Form I-765) or travel permit (Form I-131).
Temporary Separation and Timelines
Regardless of the option you choose, there will be a period of temporary separation while your spouse waits for their visa or green card approval outside the U.S. Keep in mind the following processing times:
- K-1 Fiancé(e) Visa: 6 to 12 months
- I-130 Spousal Visa (Consular Processing): 18 to 24 months
These timelines are subject to change, so be sure to check the USCIS website or consult with your immigration attorney for the latest updates.
Detailed Step-by-Step Process for K-1 Fiancé Visa
Step 1: Filing Form I-129F – Initiating the Process
The first step is for the U.S. citizen (the petitioner) to file Form I-129F: Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that:
- Both parties are legally free to marry (i.e., not currently married to anyone else).
- The couple intends to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.
Along with Form I-129F, the petitioner must submit proof of the relationship (photos, communications, travel records, etc.) and evidence of meeting in person within the last two years (unless a waiver is requested). Approval of Form I-129F by USCIS indicates acceptance of the couple’s intent to marry but does not guarantee the issuance of a visa or entry into the U.S.
Step 2: Visa Issuance by the Department of State (DOS)
Once USCIS approves the I-129F petition, the case moves to the National Visa Center (NVC) under the Department of State. Here’s what happens next:
- Case Number Issued: NVC assigns a case number and forwards the petition to the U.S. Embassy or Consulate in the foreign fiancé(e)’s country of residence.
- Filing DS-160 Application: The foreign fiancé(e) must file the form DS-160 : Online Nonimmigrant Visa Application and schedule the visa interview at the designated U.S. Embassy or Consulate.
- Required Documents: The foreign fiancé(e) must bring the following documents to the visa interview:
- Proof of the relationship (e.g., photos, evidence of communication)
- Valid passport
- Form I-134: Affidavit of Support (showing that the U.S. citizen can financially support the fiancé(e))
- Completed medical exam by an approved physician
- Police clearance certificates from any country where the fiancé(e) has lived for more than six months.
- Visa Interview & Approval: The consular officer will conduct an interview to verify the authenticity of the relationship. If the officer is satisfied, the K-1 visa will be issued. Once granted, the fiancé(e) has six months to use the K-1 visa to enter the U.S.
Step 3: Entry to the United States
Upon arrival in the U.S., the K-1 visa holder will be processed by Customs and Border Protection (CBP) at the port of entry. CBP will admit the K-1 visa holder into the U.S. for 90 days, during which time the marriage must take place. It is crucial that the K-1 visa holder marries the U.S. citizen petitioner within this 90-day window, or they may have to leave the U.S.
Step 4: Adjustment of Status After Marriage
After the marriage takes place, the foreign spouse must apply for permanent residency by filing Form I-485: Application to Register Permanent Residence or Adjust Status. This form allows the foreign spouse to change from non-immigrant (K-1 visa holder) to lawful permanent resident (green card holder).
Important Note on Conditional Residence:
- If the green card is granted within 2 years of the marriage, the foreign spouse will receive conditional permanent residency, which is valid for two years.
- If the green card is granted after 2 years of marriage, the foreign spouse will receive unconditional permanent residency, valid for 10 years.
During this process, the foreign spouse can also apply for work authorization (Form I-765) and advance parole (Form I-131), which permits international travel while the green card is pending.
Step 5: Removing Conditions on Permanent Residence
If the foreign spouse is granted conditional permanent residency, they must remove these conditions before their two-year green card expires. This is done by filing Form I-751: Petition to Remove Conditions on Residence within the 90-day period before the second anniversary of receiving the conditional green card.
The couple must jointly file Form I-751 and provide evidence that the marriage is ongoing and genuine (e.g., joint bank accounts, lease or mortgage, shared bills, etc.). If the couple divorces before this filing, the foreign spouse may request a waiver, but they must prove that the marriage was entered in good faith.
Failure to file Form I-751 on time can result in the loss of permanent resident status and potential deportation.
Key Timelines to Remember:
- K-1 Visa Validity: Once issued, the K-1 visa is valid for six months for entry into the U.S.
- 90-Day Marriage Rule: After entering the U.S., the K-1 visa holder must marry the U.S. citizen petitioner within 90 days.
- Adjustment of Status: After marriage, file Form I-485 as soon as possible to begin the green card process.
- Removing Conditions: File Form I-751 within 90 days before the two-year anniversary of receiving conditional residency.
I-130 for Spouse Living Abroad
If your spouse is living abroad and you want to bring them to the U.S. as a lawful permanent resident, you’ll need to start with the Form I-130: Petition for Alien Relative. Here’s a step-by-step breakdown of the process:
Step 1: Filing Form I-130
- Download and Complete Form I-130:
- Visit the USCIS website to download Form I-130.
- Fill out all required information about yourself (the petitioner) and your spouse (the beneficiary).
- Gather Supporting Documents: You will need to gather essential documents to prove your citizenship or permanent resident status and the legitimacy of your marriage:
- Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, birth certificate, naturalization certificate, or green card).
- Your marriage certificate to confirm the marital relationship.
- Proof of termination of any previous marriages (divorce decrees or death certificates).
- Passport-sized photos of both you and your spouse (as per USCIS photo specifications).
- Submit the Petition:
- Mail the completed Form I-130, along with supporting documents and the required filing fee, to the appropriate USCIS lock-box or service center based on your location. Use the USCIS filing addresses to determine the correct mailing address.
- Once received, USCIS will send you a Receipt Notice (Form I-797) confirming they have received your petition. Keep this notice for your records as it contains your case number.
Step 2: Wait for USCIS Approval
Once USCIS receives your I-130 petition, they will review it to determine whether your marriage is legitimate and meets eligibility criteria.
- Processing Time: Processing times can vary widely based on the service center handling your case, but it generally takes several months to over a year. You can track the status of your petition on the USCIS Case Status page using your case number.
- Possible Outcomes
- Approval: If USCIS approves your petition, they will forward your case to the National Visa Center (NVC) for further processing.
- Request for Evidence (RFE): If USCIS requires additional documentation, they will issue an RFE. It is crucial to respond promptly and thoroughly to avoid delays.
- Denial: If the petition is denied, USCIS will explain the reasons for denial. You may be able to appeal the decision or refile with stronger evidence to support your case.
Step 3: NVC Processing
Once your petition is approved by USCIS, it moves to the National Visa Center (NVC)
for further processing.
- Receive NVC Case Number and Instructions: NVC will issue a case number and send instructions on how to proceed. You will be required to complete several additional steps before your spouse’s visa interview is scheduled.
- Pay Required Fees: Log into the Consular Electronic Application Center (CEAC) portal and pay:
- The Immigrant Visa Application Processing Fee.
- The Affidavit of Support Fee.
- Submit Immigrant Visa Application (Form DS-260):
- Complete Form DS-260: Immigrant Visa Application through the CEAC portal. This form provides your spouse’s biographical information and is required to move forward with the visa process.
- Upload Supporting Documents: After completing Form DS-260, you’ll need to upload the following documents through the CEAC portal:
- Affidavit of Support (Form I-864): This form is completed by the U.S. petitioner to show they can financially support their spouse.
- Civil Documents: For the foreign spouse, this includes:
- Birth certificate
- Marriage certificate
- Police certificates from any country where they have lived for six months or more since age 16.
- Passport biographical page.
- Any additional documents requested by the NVC.
- NVC Document Review
- The NVC will review all documents submitted through the CEAC portal. If any documents are missing or incorrect, they will notify you to correct the issues.
- Once all documents are verified, the NVC will schedule your spouse’s visa interview at the U.S. Embassy or Consulate in their home country.
Step 4: U.S. Embassy or Consulate Visa Interview
- Visa Interview Appointment: The U.S. Embassy or Consulate will send instructions to your spouse, detailing the date and time of the interview. Your spouse must prepare for the interview by gathering the required documents, including:
- Form I-864 (Affidavit of Support)
- Civil Documents (such as birth and marriage certificates)
- Medical Examination results from a U.S. Embassy-approved doctor
- Passport and recent passport-sized photos
- Any additional evidence that supports the marriage’s legitimacy (photos, communications, etc.)
- Medical Exam: Before the visa interview, your spouse must complete a medical examination with an embassy-approved physician. The results will be sent directly to the embassy or consulate.
- Visa Interview Outcome: During the interview, the consular officer will ask questions to verify the relationship and ensure all required documentation is in order. If satisfied, the officer will approve the immigrant visa, allowing your spouse to enter the U.S. as a lawful permanent resident.
Step 5: Entering the United States
Once your spouse’s visa is approved, they will receive an Immigrant Visa Packet and have up to 6 months to enter the U.S. Upon arrival at a U.S. port of entry, Customs and Border Protection (CBP) will review their documents, and they will be admitted as a lawful permanent resident.
- Shortly after entering, your spouse will receive their green card by mail, officially granting them permanent residency status.
Can I Request an Expedite of the I-130 Petition?
What is an Expedite Request?
A formal request to USCIS to prioritize and speed up the processing of your application. USCIS reviews these requests on a case-by-case basis and considers them under specific criteria.
USCIS does not often expedite I-130 marriage-based petitions. But it does not hurt to try if any of the following apply.
- Severe Financial Loss: A person or company may be eligible if a delay would cause significant financial harm. For example, if a medical practice would have to lay off staff due to the delay in a physician’s employment authorization, USCIS may expedite the request. If an applicant would lose their job because they cannot travel for work, this could also be a reason for expedited processing.
- Emergency or Urgent Humanitarian Situations: USCIS may expedite cases involving emergencies or urgent humanitarian reasons such as critical medical conditions, death or serious illness of a family member, or extreme living conditions due to conflict or natural disasters.
- Nonprofit Organizations: A nonprofit organization working in the cultural or social interests of the United States may request expedited processing for a case that supports its mission. Examples include a medical professional needed for urgent research or a religious leader required for a critical outreach program.
- Government Interests: Expedited processing may be granted when a federal, state, or local government agency identifies a case as urgent, such as those involving national security, public safety, or other significant government interests.
- Clear USCIS Error: If USCIS made a clear error in processing your application, such as issuing an EAD with incorrect information that prevents you from working, you may request expedited correction.
How to Request Expedite with USCIS?
If you think your situation applies to one of the above, you can request expedite by following these steps:
- Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
- Prepare Your Request: Gather documents that clearly show the urgency or compelling nature of your situation. This might be medical records, financial statements, or letters from government officials.
- Submit Your Request: Contact the USCIS Contact Center to start your expedite request. You may be asked to follow up with a formal letter explaining your reasons and providing the necessary evidence.
- Follow Up: After submission, follow up with USCIS to confirm receipt of your request and to check status. Be prepared to provide additional documentation if asked. It’s not a bad idea to call the USCIS hotline at 1 (800) 375-5283, use the phrase “Info Pass” to be transferred to a live person and ask to initiate a “Service Request” to expedite.
- Congressional Assistance: Also contact one of your Senators for help in following up with USCIS on the expedite request. Each Congressional office has a website and an online form for you to fill-out to request assistance with this federal agency.
- USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here
- Write of Mandamus: In cases where USCIS is taking extreme delay, beyond normal processing, you may want to file a Writ of Mandamus which is a lawsuit against USCIS, filed in federal district court. This can be an effective way to move things along, either because the Judge orders it or because the US Attorney representing USCIS initiates the forward movement of the case.
How to Request Expedite with NVC (National Visa Center)
If your spouse is outside the U.S., you can file an expedite request with the NVC after the case is transferred from USCIS
- Write a formal letter or email to the NVC requesting expedite:
- Case Details: NVC case number, petitioner and applicant names, and any other relevant case information.
- Reason for Expedite: Clearly state the reason for your request and reference the evidence you are providing to support your request.
- Contact Information: Your contact information in case NVC needs to reach you for additional information.
- Submit Your Expedite:
- Via email: Send the request and documents to NVCExpedite@state.gov.
- Online inquiry form:
- Go to NVC Public Inquiry Form.
- Fill out the form with your case number and contact information.
- In the message box, explain why you are requesting expedite and mention you are attaching documents (if applicable).
- Submit.
- Note: Attach all documents in one PDF if submitting by email and ensure the file size is under 5 MB.
- Follow-up: After you submit your expedite request, you may receive an email from NVC. If NVC needs additional information or documents, respond quickly to avoid delays. It is also a good idea to follow up after a few weeks if you have not heard back or received an update on your request. You can also contact your member of Congress to follow up with NVC.
NVC will review your request and decide if it’s approved after consulting with the US Embassy. If approved, your case will be processed ahead of others and NVC will contact you with next steps. If denied, your case will continue to be processed as normal.
Important Notes
- Expedite is not guaranteed: Each request is evaluated on a case-by-case basis and approval is based on the strength of your evidence and your specific situation.
- Expedite does not waive interview: Even if approved, you will still need to go through the standard interview process at the U.S. embassy or consulate.
- Keep copies: Keep copies of your expedite request and all documents.
Marriage Visa Alternatives
Bring Your Foreign Fiancé(e) or Spouse to the U.S. on a Dual Intent Work Visa: A Fast Track to Reunification
For U.S. citizens and permanent residents, the K-1 fiancé(e) visa or CR-1/IR-1 marriage visa process can be lengthy and costly, often taking years. However, an alternative exists bringing your partner to the U.S. on a dual intent work visa like the H-1B or L-1.
This route can be faster and less expensive, but it is crucial to meet specific requirements.
The employer will not pay for the marriage green card but if they agree to hire you in the U.S. on H1B or L1 they will pay all the government and legal fees.
This is the fastest and lowest cost option to reunite the couple in the U.S.!
What Are Dual Intent Visas?
Dual intent visas allow foreign nationals to work temporarily in the U.S. while also having the option to apply for a green card. Unlike tourist visas, these visas do not require proof of intent to leave the U.S. The H-1B visa (for skilled workers) and L-1 visa (for intra company transfers) are two key examples.
Eligibility Criteria for H-1B and L-1 Visas
H-1B Visa:
- Job Offer: Must have a job offer in a specialty occupation from a U.S. employer.
- Educational Requirements: Must hold at least a bachelor’s degree or equivalent in a related field.
- Wage Requirements: The employer must offer the prevailing market wage for the position.
- Visa Cap: Subject to an annual cap of 85,000 visas, allocated through a lottery system. The employer must first enter into the H1B lottery on behalf of the beneficiary. The lottery occurs in March every year and if chosen the earliest start date for work would be October 1st (can arrive in the U.S. 30 days prior).
- Cap-Exempt Employers: Certain employers, like universities, non-profit organizations affiliated with institutions of higher education, non-profit or government research organizations, can hire H1B workers at any time without being constrained by the cap.
For more on which employers qualify as cap-exempt, see:
- USCIS Memo on H-1B Cap Exemption
- Detailed Explanation of H-1B Cap Exemption
- Nonprofits and H-1B Quota
Job-Hunting Tools for H-1B Employers:
- MyVisaJobs: H-1B Friendly Employers
- Ultimate H-1B Sponsor Checker
- Aitou.io: H-1B Employer Search
- F1Hire: H-1B Job Search
L-1 Visa:
- Employment: Must have worked for the company abroad for at least one continuous year within the past three years.
- Position: The role must be as an executive, manager, or in a position requiring specialized knowledge.
- Company Relationship: The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate) with the foreign company.
Benefits of a Dual Intent Visa
- Immediate Work Authorization: Your fiancé(e) or spouse can start working upon arrival.
- Travel Flexibility: They can travel internationally without waiting for advance parole. Please see an immigration lawyer to discuss the details of travel while the I-485 is pending.
- Speed: The H-1B visa process takes 3-6 months, and premium processing is available for an additional fee, which can get it done in as little as 15 days. The L-1 process is also rapid if the employer has an approved blanket petition, which makes the process even simpler.
Transition to a Marriage-Based Green Card
Once your fiancé(e) or spouse is in the U.S. on an H-1B or L-1 visa, you can pursue a marriage-based green card. This involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.
After the I-485 is approved, your spouse gains permanent resident status, allowing them to live and work indefinitely in the U.S.
To file the I-130, the petitioner must be a U.S. citizen or a U.S. permanent resident. If the petitioner is a U.S. citizen, the I-485 can be filed concurrently. If the petitioner is a permanent resident, the beneficiary can file the I-485 when the visa priority date is current. One major advantage is that your spouse can stay in the U.S. during the green card process, avoiding the long separation often associated with traditional visa applications.
Considerations and Challenges
While the dual intent visa route is faster, not all foreign fiancé(e)s or spouses will qualify for an H-1B or L-1 visa, as these have specific requirements.
The H-1B visa has an annual cap, so not all applicants are selected in the lottery. The L-1 visa, while not capped, requires a qualifying relationship between the U.S. and foreign offices of the sponsoring company and specific employment criteria. Consulting with an immigration lawyer is essential to determine eligibility and navigate the process effectively.
If Both You and Your Future Spouse Are Outside the United States
If both you and your future spouse are currently living outside the U.S., you have several options to consider depending on your plans. Whether you want to come to the U.S. to marry and stay, marry and return abroad, or even get married online, it is important to understand your choices and the immigration processes involved.
Option 1: K-1 Fiancé Visa (For Marrying in the U.S. and Staying)
If your plan is to come to the U.S. to marry and remain here, the K-1 fiancé visa is the best option. This visa allows your future spouse to:
- Enter the U.S. for the purpose of getting married.
- Marry within 90 days of entering the country.
- Adjust status to a permanent resident (green card holder) after the marriage.
Option 2: Marriage on a Tourist Visa With Return Abroad
If you simply wish to marry in the U.S. but do not plan to stay, such as for employment or family reasons abroad, you can marry while on a temporary visa, such as a tourist visa (B-2). However, there are important considerations:
- Temporary Stay: You can marry in the U.S. but must return to your home country to apply for a green card through consular processing.
- The 90-Day Rule: USCIS follows the “90-day rule,” which presumes visa fraud if you enter the U.S. on a temporary visa (like a tourist visa) and apply for a green card within 90 days of entry. To avoid issues, you must be clear that you intend to return abroad and not stay after marrying in the U.S.
This option works well if you plan to return abroad immediately after the wedding and apply for a green card from outside the U.S. while continuing your life abroad.
Option 3: Living Abroad After Marriage
If you intend to marry your spouse and live abroad for an extended period, this is also possible. The U.S. government will recognize marriages conducted abroad as long as they meet the local legal requirements and don’t violate U.S. laws regarding:
- Parental consent (if applicable).
- Divorce rules (ensuring all previous marriages have been legally terminated).
You can later file for a green card when you’re ready to move to the U.S., using consular processing through the I-130 petition.
Option 4: Online Marriage
Another option for international couples is to get married online. Certain U.S. states, like Utah, allow couples to marry remotely and receive a valid U.S. marriage certificate, even if both are abroad during the ceremony. However, keep in mind:
- To use this marriage certificate in the U.S. immigration process, the marriage must be consummated (you must meet in person) before filing the I-130 petition for a green card.
This option is convenient for couples who need to marry quickly but can’t travel to the U.S. or another country for the ceremony. However, it is only useful for immigration purposes if followed by in-person consummation.
Regardless of where you marry, the U.S. citizen spouse must file Form I-130: Petition for Alien Relative with USCIS to start the process of bringing their spouse to the U.S. as a lawful permanent resident. Even if you’re living abroad, the I-130 must be filed with USCIS in the United States.
Once the I-130 is approved, your spouse can apply for an immigrant visa at the U.S. Embassy or Consulate in their home country through consular processing. This process can take 18 to 24 months from start to finish, depending on visa availability and processing times.
Consular Processing of I-130 in Emergencies
In some situations when there are urgent or exceptional circumstances, the U.S. Department of State (DOS) can accept and adjudicate an I-130 petition at a U.S. embassy or consulate. This is usually for cases where immediate processing is needed and filing through regular USCIS channels would not be enough to address the time sensitive situation.
Usually, the US citizen petitioner is living abroad and needs to bring their spouse to the US quickly due to an emergency.
If the Embassy approves the request for consular processing of I-130, then the visa will be expedited. Door to door processing time is 2 to 4 months.
Examples of Emergencies:
- Military Emergencies: A U.S. service member stationed abroad may need immediate processing due to a sudden deployment or transfer with little notice.
- Medical Emergencies: If the petitioner or beneficiary is facing a medical emergency that requires immediate travel, expedite may be warranted.
- Threats to Personal Safety: Situations where the petitioner or beneficiary is under an imminent threat, such as being forced to flee due to civil unrest or natural disaster.
- Close to Aging Out: When the beneficiary is nearing the age where they would no longer be eligible for certain benefits, expedite may be necessary.
- Naturalized Petitioner: If the petitioner has recently naturalized and the family members need a new petition based on their U.S. citizenship, especially if they are already abroad for a visa interview.
- Adoption of a Child: In cases where the petitioner has adopted a child abroad and needs to depart the country imminently, expedite can be requested if they have a full and final adoption decree and have met residency and legal custody requirements.
- Short Notice of Job Relocation: When a U.S. citizen petitioner living abroad receives a job offer or reassignment to the United States with little notice and there is an urgent need to relocate. This is the most common reason for I-130 consular processing.
Discretionary: Acceptance of I-130 locally is at the discretion of the consular officer and is case by case basis. The decision is usually for situations where filing domestically with USCIS or online with an expedite request would not be enough to address the urgency of the case.
Local Filings: If DOS decides to accept and adjudicate an I-130 petition at a U.S. embassy or consulate, the process will be expedited. But if the consular office declines to accept the filing, petitioners are advised to file with a USCIS lock-box or online and request expedite through regular channels.
Special Considerations
Civil Marriages: For U.S. immigration purposes, only civil marriages are recognized. A valid marriage license must be issued by local or national authorities in the country where the marriage took place.
Non-Recognized Marriages: USCIS does not recognize certain types of marriages, even if they are valid in the place of celebration. These include:
- Polygamous marriages
- Underage marriages that do not meet the legal age of consent
- Civil unions or domestic partnerships are not classified as marriages
- Proxy marriages where one person was not present during the ceremony, unless the marriage is legal where it was celebrated and the couple consummated the relationship before filing the I-130.
- Marriages entered into solely for immigration purposes
Same-Sex Marriages: Same-sex marriages are recognized by USCIS as long as the marriage was performed in a country or jurisdiction where same-sex marriage is legal. The validity of the marriage for immigration purposes is determined by the laws of the country where the marriage took place.
Marriage Fraud: USCIS takes marriage fraud very seriously. Entering into a marriage solely for immigration benefits is illegal and can lead to severe penalties, including:
- Up to 5 years in prison
- Fines of up to $250,000, or both
USCIS may require evidence proving the authenticity of your relationship (bona fides) during the application process or interview. This could include photos, joint financial records, or other proof of a genuine marital relationship.
Fun Fact: Weddings and Culture
Weddings in the U.S.: Planning a wedding in the U.S. can be an exciting opportunity to blend different cultural traditions. Whether you prefer a traditional American wedding or want to incorporate elements of your spouse’s culture, there is plenty of room for personalization.
Destination Weddings: Some couples choose destination weddings abroad for a unique and adventurous experience. If you marry abroad, ensure you comply with the local marriage laws so your marriage is legally recognized in the U.S.
Wedding Vendor Resources: Choosing the right vendors (e.g., caterers, photographers, venues) is crucial for making your wedding day memorable. Be sure to review contracts carefully and consider consulting legal professionals to ensure everything goes smoothly.
Important Reminder: Marrying for financial gain or immigration benefits is illegal. Be mindful of U.S. immigration laws to avoid serious legal consequences.
FAQ: Common and Not-So-Common Issues
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