Immigration for Fiancé(e)s and Spouses of US Citizens

Is your fiancé(e) or spouse from a country other than the United States? Maybe he or she is still in another country while you try to figure out how to proceed with immigration, or perhaps you’re together now but just don’t know what to do next.

There are many immigration options for fiancé(e)s or spouses of US citizens. It can be difficult to find the option that is right for your family, but this basic overview of the most common paths to a marriage-based visa or green card can help you get started.

If You’re Engaged & Your Fiancé(e) Is Living Abroad

One of the best options if your fiancé(e) living abroad is the K-1 visa, which requires filing an application with United States Citizenship and Immigration Services on behalf of your fiancé(e). Once immigration services approves it, the application is forwarded to the foreign US consulate where your fiancé(e) lives.

Your fiancé(e) completes the process by providing any necessary documents and interviewing at the consulate. Once the K-1 visa is granted, your fiancé(e) has a 90-day period to travel to the US, get married and apply for adjustment of status to that of a legal permanent resident (a green card). However, the K-1 visa is only good for one entry into the country.

If You’re Married & Your Spouse Is Living Abroad

It doesn’t matter if you got married in the US or in a different country, but if you’re separated now, one option is the K-3 visa. It allows your spouse to come to the US while immigration services processes his or her spousal immigrant visa petition.

The K-3 process is very similar to the K-1 process, with one additional step at the beginning. You file the spousal immigrant visa petition on behalf of your spouse first. Once you receive the notice of receipt from immigration services, then you file the form for the K-3 visa. Immigration services then forwards the file to the US consulate where your spouse lives, and he or she completes the process.

Once the K-3 visa is granted, your spouse has a two-year period to come to the US and apply for a green card. The K-3 is a multiple re-entry visa, meaning your spouse won’t have any problems leaving and coming back to the US during those two years.

If You’re Married & Your Spouse Is in the US

If your spouse is in the US under a non-immigrant status (meaning he or she is here on a work, travel or student visa, or came here on a visa waiver), you and your spouse can concurrently file a spousal immigrant visa petition and an application to adjust status.

In addition to the green card application, your spouse also has the option to concurrently file for a work authorization card and, if he or she has not been out of legal status in the US for more than 180 days, an advance parole document. Advance parole allows an immigrant to travel out of the country while his or her applications are being processed.

If You’re Planning on Getting Married Just for a Green Card

Immigration services in the US and abroad require evidence that a relationship or marriage is bona fide before issuing any visas or green cards.

The Immigration Marriage Fraud Amendments Act of 1986 states that “any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws” can be penalized with a $250,000 fine and a jail sentence of up to five years.

These are just some of the immigration options for fiancé(e)s and spouses. An immigration lawyer or a nonprofit organization can help you choose the right option and help you with your paperwork, the interviews and any other steps along the way.