USA MARRIAGE VISA

A USA marriage visa refers to the visa categories that allow a foreign national to enter and reside in the United States based on their marriage to a U.S. citizen. There are two main types: the CR1/IR1 visa for spouses and the K-1 visa for fiancé(e)s.

CR1/IR1 Visa (Spouse Visa)

This visa is for individuals who are already married to a U.S. citizen.

CR1 Visa

• Conditional Resident Visa: Issued if the marriage is less than two years old at the time of visa issuance.
• Validity: The CR1 visa grants conditional permanent residency, which must be converted to a permanent residency after two years.

IR1 Visa

• Immediate Relative Visa: Issued if the marriage is more than two years old at the time of visa issuance.
• Validity: The IR1 visa grants immediate permanent residency without conditions.

Steps for Obtaining a Visa

Securing an immigrant visa for the spouse or fiancé(e) of a U.S. citizen involves several steps. Here’s a detailed guide:

CR1/IR1 Visa (Spouse Visa)

Eligibility:

• CR1 Visa: Conditional Resident visa for spouses married less than two years.
• IR1 Visa: Immediate Relative visa for spouses married more than two years.

Process:

1. Petition Submission:
   • The U.S. citizen or permanent resident spouse files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
2. USCIS Processing:
   • USCIS reviews the petition. If approved, it is forwarded to the National Visa Center (NVC) for further processing.
3. NVC Processing:
   • NVC assigns a case number and requests additional documents, including the DS-260 (Online Immigrant Visa Application) and the Affidavit of Support (Form I-864).
4. Document Submission:
   • Submit required documents such as civil documents (e.g., birth certificates, marriage certificate, police clearance certificates) and financial evidence.
5. Visa Interview:
   • The foreign spouse attends an interview at the U.S. Embassy or Consulate. Bring all required documents and be prepared to answer questions about the relationship.
6. Visa Issuance:
   • If the interview is successful, the visa is issued, and the spouse can travel to the U.S.
7. Entry to the U.S.:
   • Upon arrival, the spouse is inspected by U.S. Customs and Border Protection (CBP) and granted entry. A Green Card is mailed within a few months.

K-1 Visa (Fiancé Visa)

Eligibility:

• The U.S. citizen and foreign fiancé(e) must have met in person within the last two years (with some exceptions).
• They must have a bona fide intention to marry within 90 days of the fiancé(e)’s arrival in the U.S.

Process:

1. Petition Submission:
   • The U.S. citizen files Form I-129F (Petition for Alien Fiancé(e)) with USCIS.
2. USCIS Processing:
   • USCIS reviews the petition. If approved, it is forwarded to the NVC and then to the U.S. Embassy or Consulate in the fiancé(e)’s country.
3. Visa Application:
   • The foreign fiancé(e) completes Form DS-160 (Online Nonimmigrant Visa Application) and gathers required documents, including evidence of the relationship and police certificates.
4. Visa Interview:
   • The fiancé(e) attends an interview at the U.S. Embassy or Consulate. Bring all required documents and be prepared to discuss the relationship.
5. Visa Issuance:
   • If the interview is successful, a K-1 visa is issued. The fiancé(e) has six months to enter the U.S.
6. Arrival in the U.S. and Marriage:
   • Upon arrival, the fiancé(e) is inspected by CBP and granted entry. The couple must marry within 90 days.
7. Adjustment of Status:
   • After marriage, the foreign spouse applies for a Green Card by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS.
8. Biometrics and Interview:
   • Attend a biometrics appointment and, if required, an interview with USCIS.
9. Green Card Issuance:
   • If approved, the foreign spouse receives a Green Card, becoming a permanent resident.

Key Points:

• Documentation: Ensure all forms are filled out accurately and all required documents are submitted.
• Legal Advice: Consider consulting with an immigration attorney for guidance through the process.
• Processing Times: Be aware that processing times can vary, so stay informed about the current timelines for each step.

By following the respective steps carefully, you can successfully secure a marriage visa for your spouse or fiancé(e) and begin your life together in the United States.