Many people hope to immigrate to the United States to pursue a life together with their spouses. If you are a foreign national seeking entry into the U.S. and you are not yet married to your partner, you will need to determine whether you should get a fiancé visa or a marriage visa.
The main difference between fiancé visas and marriage visas is that a fiancé visa allows the couple to marry on U.S. soil, while a marriage visa is for couples who have married outside the U.S. Some circumstances could make one visa or the other a better option for you, but a simple internet article cannot answer every question for your unique situation. Please get in touch with our law firm right away to start your marriage-based immigration process.
Who Qualifies for a Fiancé Visa?
The K-1, or fiancé visa, is awarded to immigrants who seek entry into the country to marry an individual living in the United States. It is a temporary and conditional visa status that can end unless the marriage occurs, and the forms are accepted by USCIS within 90 days.
To qualify for a fiancé visa, you must:
- Have a partner who is a U.S. citizen (green card holders cannot sponsor a fiancé for entry into the United States).
- Prove that the relationship is authentic by providing photos, correspondence, or written statements from people who know you as a couple.
- Prove that you have met your partner in person at least once in the last two years unless you waive this requirement for religious reasons.
- Agree to marry your partner within 90 days of entering the U.S.
What Does a Marriage Visa Do?
A marriage visa does not allow unmarried partners to enter the United States. It is for a married couple who were already married outside of U.S. territories. This type of visa allows a foreign spouse to enter and work in the United States. A successful application for a marriage visa can result in a green card, which could eventually lead to citizenship.
Some qualifications for a marriage visa are:
- Provide proof of marriage, such as a marriage certificate showing both spouses’ names and the marriage date.
- Provide further evidence that you have a good faith relationship before marriage, such as correspondence, travel together, joint living arrangements, and other documentation tending to verify that the marriage is based on moral respect.
Can Our Family-Based Immigration Lawyer Help You?
Our law firm loves taking on cases that unite couples and families on U.S. soil. This can be a complicated process as U.S.C.I.S. officials are usually wary of immigrants who might marry solely to enter the United States. This is considered a sham marriage which violates criminal law.
If you are thinking of pursuing a fiancé visa or a marriage visa, please consult with a trusted legal representative like the immigration attorney at our law office. You need excellent counsel to help you decide which route is best for you and to help get your application approved. When you call our law firm, you’ll find access to outstanding care with a dedicated, honest, and capable immigration attorney. Call 312-728-4610 now to schedule a consultation!