5 Ways to Get a U.S. Visa by Marriage

Marriage is one of the most common and emotional ways to join your loved one in the United States, but the process of obtaining a visa based on marriage can be complex. 

If you’re a U.S. citizen or permanent resident looking to bring your spouse or fiancé to the U.S., understanding the available visa options, how they work, and which one suits your situation is crucial.

In this article, we will go through five different ways to get a U.S. visa by marriage, explaining each type of visa, the step-by-step process involved, and potential challenges you may face. 

Whether you’re engaged to a U.S. citizen, already married to them, or looking to unite with a U.S. permanent resident, the right visa can help pave the way to your life together in the U.S.

1. Marriage-Based Immigrant Visa (Spouse Visa)

A Marriage-Based Immigrant Visa is one of the most common ways to bring a foreign spouse to the U.S. if they are married to a U.S. citizen or permanent resident. This visa allows the spouse to obtain a green card and live permanently in the U.S. 

The process can take several months to complete, but it leads directly to permanent residency, which is a valuable step toward citizenship.

How It Works:

• Step 1: The first step is for the U.S. citizen or permanent resident spouse to file a Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). 

This form helps establish the legitimacy of the marital relationship. This petition can be filed either from within the U.S. (if the U.S. citizen spouse is already in the country) or abroad (if the U.S. citizen is living outside the country).

• Step 2: Once the I-130 petition is approved by USCIS, the case is forwarded to the National Visa Center (NVC), which will collect further documents and fees before the foreign spouse can be scheduled for an interview at the U.S. embassy or consulate in their home country.
• Step 3: The foreign spouse must attend an interview at the U.S. consulate, where they will submit further evidence, such as medical exams, police certificates, and proof of the authenticity of the marriage.
• Step 4: If the interview is successful, the foreign spouse will be granted an immigrant visa, which they can use to travel to the U.S. Once they arrive in the U.S., they will become a permanent resident and receive a green card.

Pros:

• Permanent Residency: Upon arrival in the U.S., the foreign spouse is granted permanent residency, making them eligible for benefits such as the ability to work, travel, and apply for U.S. citizenship after meeting residency requirements.
• Path to Citizenship: After being a permanent resident for a few years (typically 3 years if married to a U.S. citizen), the spouse can apply for U.S. citizenship.
• Family-Based: If the foreign spouse has children, they can also be included in the immigration process, making it easier to reunite with family members.

Cons:

• Long Processing Times: The process can take anywhere from 12 months to 2 years or more, depending on the country of origin and processing times at the consulate. Some countries have long wait times for interviews.
• Required Marriage: The couple must already be legally married before applying for this visa. If you are not yet married, you may want to consider other visa options.
• Costs and Paperwork: The process involves a lot of paperwork and substantial fees, including the visa application fee, medical exam fees, and other costs.

2. Fiancé Visa (K-1 Visa)

The fiancé visa (K-1 visa) is designed for foreign nationals who are engaged to a U.S. citizen and plan to marry in the U.S. 

The K-1 visa allows the foreign fiancé to enter the U.S. for the purpose of marrying their U.S. citizen partner within 90 days of arrival. 

After the marriage, the foreign fiancé can apply for permanent residency (a green card) through a process known as adjustment of status.

How It Works:

• Step 1: The U.S. citizen fiancé must file Form I-129F, which is a petition for the foreign fiancé to come to the U.S. This form establishes that the couple has a genuine intention to marry within 90 days of arrival.
• Step 2: Once the petition is approved by USCIS, the petition is forwarded to the National Visa Center (NVC), where further documentation is required, including police certificates, medical exams, and proof of the relationship.
• Step 3: The foreign fiancé will attend a visa interview at the U.S. consulate or embassy in their home country, where they will provide documentation and attend a medical exam.
• Step 4: Once the K-1 visa is granted, the fiancé can travel to the U.S. Upon arrival, the couple must marry within 90 days.
• Step 5: After marriage, the foreign spouse can apply for adjustment of status to obtain a green card.

Pros:

• Fast Track to Marriage: This option allows you to bring your fiancé to the U.S. quickly, so you can marry in the country without waiting months for approval.
• Work Authorization: Once in the U.S., the foreign fiancé can apply for work authorization while waiting for the green card.
• No Need to Be Married First: Unlike other marriage visas, you don’t need to be married before applying for a fiancé visa, which gives you the flexibility to make plans for marriage in the U.S.

Cons:

• Marriage Must Occur Within 90 Days: After arriving on a K-1 visa, the foreign fiancé must marry within 90 days. If the marriage does not occur, the foreign fiancé must leave the U.S.
• Additional Step for Green Card: After marriage, the foreign spouse must apply for adjustment of status, which can be time-consuming and may require additional documentation.
• Travel Restrictions: While awaiting approval for adjustment of status, the foreign spouse may be restricted from traveling outside the U.S.

3. Adjustment of Status for Married Couples

If the foreign spouse is already in the U.S. on a valid visa, such as a tourist visa, student visa, or work visa, they may be able to adjust their status to that of a permanent resident without leaving the country. 

This option allows the foreign spouse to apply for a green card through marriage to a U.S. citizen or permanent resident.

How It Works:

• Step 1: The U.S. citizen or permanent resident spouse files Form I-130 to petition for the foreign spouse, establishing the relationship.
• Step 2: The foreign spouse simultaneously files Form I-485, which is the application for adjustment of status. This form allows the spouse to change their non-immigrant status to permanent resident status without leaving the U.S.
• Step 3: USCIS schedules an interview to review the case, ask questions, and verify the marriage is legitimate.
• Step 4: If everything is in order, the foreign spouse is granted permanent resident status and receives a green card.

Pros:

• No Need to Leave the U.S.: If the foreign spouse is already in the U.S., they do not need to leave the country to complete the process, saving both time and money.
• Work Authorization: The foreign spouse can apply for a work permit (Employment Authorization Document) while waiting for the green card to arrive.
• Flexible Travel: The foreign spouse can apply for advance parole, which allows them to travel outside the U.S. while waiting for the green card.

Cons:

• Complicated Process if Unlawful Status: If the foreign spouse entered the U.S. unlawfully or overstayed a visa, the adjustment of status may be more complicated, and a waiver may be necessary.
• Processing Time: The process can still take several months, and USCIS may request additional documents or interviews, extending the wait time.
• Strict Proof of Marriage: USCIS is very strict about ensuring the marriage is legitimate, so couples must provide plenty of evidence of their relationship to avoid a denial.

4. Green Card through Marriage to a U.S. Permanent Resident

For couples where one spouse is a U.S. permanent resident (green card holder) rather than a U.S. citizen, the process of obtaining a green card is similar but takes a bit longer. 

Since there is an annual cap on green cards issued to spouses of permanent residents, it may take several years before the foreign spouse receives a visa.

How It Works:

• Step 1: The U.S. permanent resident spouse files Form I-130, petitioning for the foreign spouse.
• Step 2: Once the petition is approved, the foreign spouse must wait for a visa to become available, which can take time, depending on the applicant’s country of origin and the availability of visas.
• Step 3: When the visa is available, the foreign spouse applies for an immigrant visa at the U.S. consulate or adjusts their status if already in the U.S.

Pros:

• Permanent Residency: The foreign spouse will eventually receive permanent residency after the application is processed and approved.
• Eligibility for Work: The spouse can apply for work authorization and live and work freely in the U.S.

Cons:

• Longer Waiting Times: The process can take several years due to visa caps and long waiting periods for green card issuance.
• Complexity for Certain Countries: Applicants from countries with high demand for green cards, such as Mexico or India, may face particularly long delays.

5. Conditional Resident Status for Newly Married Couples

If a couple has been married for less than two years when the foreign spouse is granted permanent residency, the foreign spouse will receive conditional resident status. 

This status allows the foreign spouse to live and work in the U.S., but the green card is valid for only two years.

How It Works:

• After two years, the couple must file Form I-751 to remove the conditions on the green card, proving that the marriage is still legitimate.

Pros:

• Immediate Permanent Residency: The spouse can live and work in the U.S. immediately after arriving, but must renew their status after two years.
• Path to Full Citizenship: After removing conditions and living in the U.S. for a specified period, the foreign spouse can apply for U.S. citizenship.

Cons:

• Additional Process: The spouse must apply to remove conditions on their green card, and failure to do so can result in loss of residency status.
• Scrutiny for New Marriages: USCIS may closely scrutinize marriages that are less than two years old to ensure that they are not fraudulent.

Conclusion

By understanding these five different pathways for obtaining a U.S. visa by marriage, couples can better navigate the complex and sometimes lengthy immigration process. 

Each option comes with its own set of requirements, benefits, and challenges, so it’s important to carefully assess your situation and choose the one that best aligns with your goals and timeline.

With patience, thorough preparation, and the right guidance, your path to living together in the United States can be a successful and life-changing experience.