Marriage Visa: How to Get a USA Marriage Visa

The United States offers a variety of visas for immigrants and non-immigrants alike. Among these, the marriage visa is a common route for foreign nationals who are married to U.S. citizens or lawful permanent residents (green card holders). This comprehensive guide will walk you through the process of obtaining a USA marriage visa, from understanding the types of visas available to navigating the application process and meeting the necessary requirements.

Types of USA Marriage Visas

There are two primary types of marriage visas for the USA: the K-1 fiancé(e) visa and the CR-1/IR-1 immigrant visa.

K-1 Fiancé(e) Visa

The K-1 visa is a non-immigrant visa issued to the foreign fiancé(e) of a U.S. citizen. This visa allows the foreign fiancé(e) to enter the United States and marry the U.S. citizen within 90 days of arrival. After marriage, the foreign spouse can then apply for adjustment of status to become a lawful permanent resident.

CR-1/IR-1 Immigrant Visa

The CR-1 (Conditional Resident) and IR-1 (Immediate Relative) visas are immigrant visas issued to the foreign spouse of a U.S. citizen or lawful permanent resident. The CR-1 visa is for spouses married less than two years, granting conditional residency, while the IR-1 visa is for spouses married more than two years, granting permanent residency.

Eligibility Requirements

K-1 Fiancé(e) Visa Requirements

1. Valid Relationship: The couple must have a bona fide intention to marry within 90 days of the foreign fiancé(e)’s entry into the U.S.
2. Meeting in Person: The couple must have met in person at least once within the two years preceding the visa application. Exceptions can be made for certain cultural or religious practices.
3. U.S. Citizenship: The petitioner must be a U.S. citizen (not just a permanent resident).
4. Legal Capacity to Marry: Both individuals must be legally free to marry, meaning any previous marriages must be legally terminated.

CR-1/IR-1 Immigrant Visa Requirements

1. Valid Marriage: The marriage must be legally valid and recognized by the country where it took place.
2. U.S. Citizenship or Residency: The petitioner must be a U.S. citizen or lawful permanent resident.
3. Evidence of Bona Fide Marriage: The couple must prove that their marriage is genuine and not entered into solely for immigration benefits.

Application Process

K-1 Fiancé(e) Visa Process

1. File Form I-129F: The U.S. citizen fiancé(e) files Form I-129F, Petition for Alien Fiancé(e), with the U.S. Citizenship and Immigration Services (USCIS).
2. USCIS Approval: After reviewing the petition, USCIS will either approve or deny it. If approved, the petition is sent to the National Visa Center (NVC).
3. NVC Processing: The NVC assigns a case number and forwards the petition to the U.S. embassy or consulate where the foreign fiancé(e) will apply for the K-1 visa.
4. Visa Application: The foreign fiancé(e) submits Form DS-160, Online Nonimmigrant Visa Application, and schedules a visa interview.
5. Medical Examination: The foreign fiancé(e) undergoes a medical examination by an approved physician.
6. Visa Interview: The foreign fiancé(e) attends an interview at the U.S. embassy or consulate, where they must demonstrate the authenticity of the relationship.
7. Visa Issuance: If approved, the K-1 visa is issued, allowing the foreign fiancé(e) to travel to the U.S.
8. Marriage and Adjustment of Status: The couple must marry within 90 days of the foreign fiancé(e)’s entry into the U.S. The foreign spouse can then apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

CR-1/IR-1 Immigrant Visa Process

1. File Form I-130: The U.S. citizen or lawful permanent resident spouse files Form I-130, Petition for Alien Relative, with USCIS.
2. USCIS Approval: USCIS reviews the petition and, if approved, forwards it to the NVC.
3. NVC Processing: The NVC assigns a case number and sends instructions for submitting required documents and paying fees.
4. Document Submission: The foreign spouse submits Form DS-260, Online Immigrant Visa and Alien Registration Application, along with supporting documents.
5. Medical Examination: The foreign spouse undergoes a medical examination by an approved physician.
6. Visa Interview: The foreign spouse attends an interview at the U.S. embassy or consulate, where they must demonstrate the validity of the marriage.
7. Visa Issuance: If approved, the CR-1 or IR-1 visa is issued, allowing the foreign spouse to travel to the U.S. as a lawful permanent resident.

Required Documentation

K-1 Fiancé(e) Visa Documentation

1. Form I-129F: Completed and signed by the U.S. citizen petitioner.
2. Proof of Citizenship: Copy of the petitioner’s birth certificate, passport, or naturalization certificate.
3. Proof of Relationship: Photos, correspondence, and other evidence demonstrating the couple’s relationship.
4. Affidavit of Support: Form I-134, Affidavit of Support, demonstrating that the U.S. citizen can financially support the fiancé(e).
5. Form DS-160: Completed online by the foreign fiancé(e).
6. Medical Examination: Completed by an approved physician.
7. Visa Interview: Confirmation page of the DS-160 and interview appointment letter.

CR-1/IR-1 Immigrant Visa Documentation

1. Form I-130: Completed and signed by the U.S. citizen or lawful permanent resident petitioner.
2. Proof of Citizenship or Residency: Copy of the petitioner’s birth certificate, passport, naturalization certificate, or green card.
3. Marriage Certificate: Proof of a legally valid marriage.
4. Proof of Bona Fide Marriage: Photos, correspondence, joint financial records, and affidavits from friends and family.
5. Form DS-260: Completed online by the foreign spouse.
6. Affidavit of Support: Form I-864, Affidavit of Support, demonstrating that the petitioner can financially support the spouse.
7. Medical Examination: Completed by an approved physician.
8. Visa Interview: Confirmation page of the DS-260 and interview appointment letter.

Timeline and Processing Times

K-1 Fiancé(e) Visa Timeline

1. Form I-129F Processing: 6-9 months
2. NVC Processing: 4-6 weeks
3. Visa Interview Scheduling: Varies by embassy/consulate
4. Total Time: Approximately 9-12 months

CR-1/IR-1 Immigrant Visa Timeline

1. Form I-130 Processing: 6-12 months
2. NVC Processing: 3-6 months
3. Visa Interview Scheduling: Varies by embassy/consulate
4. Total Time: Approximately 12-18 months

Costs and Fees

K-1 Fiancé(e) Visa Costs

1. Form I-129F Filing Fee: $535
2. Form DS-160 Fee: $265
3. Medical Examination Fee: Varies by country
4. Adjustment of Status Fee: $1,225 (includes biometrics)

CR-1/IR-1 Immigrant Visa Costs

1. Form I-130 Filing Fee: $535
2. Form DS-260 Fee: $325
3. Affidavit of Support Fee: $120
4. Medical Examination Fee: Varies by country
5. USCIS Immigrant Fee: $220

Common Challenges and Tips

Common Challenges

1. Proof of Relationship: Demonstrating a bona fide relationship can be challenging, especially if the couple has not spent much time together physically.
2. Meeting Financial Requirements: The petitioner must meet certain income thresholds to sponsor their fiancé(e) or spouse.
3. Visa Interview: The interview process can be stressful, and couples must be well-prepared to answer questions about their relationship.

Tips for a Successful Application

1. Organize Documentation: Ensure all required documents are complete and well-organized.
2. Prepare for the Interview: Practice answering common interview questions and provide honest, detailed responses.
3. Maintain Communication: Keep in regular contact with USCIS and the embassy/consulate to stay informed about your case status.
4. Seek Legal Assistance: Consider consulting with an immigration attorney to help navigate the complex visa process.

Conclusion

Obtaining a USA marriage visa involves a detailed and often lengthy process, requiring careful preparation and adherence to specific requirements. Whether applying for a K-1 fiancé(e) visa or a CR-1/IR-1 immigrant visa, understanding the steps involved and being well-prepared can significantly increase the chances of a successful application. By following this guide and seeking appropriate assistance when needed, couples can navigate the visa process and look forward to starting their lives together in the United States.