Fiance Visa USA

If you are a U.S. citizen and would like to get married to an alien (non-U.S. citizen), you can either get married in the U.S. or outside the U.S.

Marriage Inside the U.S.

• Follow the K1 visa application process
• Get married within 90 days of alien fiance arriving in the U.S.
• After marriage, file Form I-485, Adjustment of Status.

Marriage Outside the U.S.

If you got married outside the U.S., follow the procedure given below to bring your spouse to the USA and to get him/her green card:

• File Form I-130, Petition for Alien Relative.
  Once USCIS receives a complete application, it will send you a receipt called I-797C, Notice of Action. Once you receive that, you can follow either of the paths below:
  • Immigrant Visa
    • Wait for I-130 to get approved.
    • Consular Processing
      Alien spouse goes through consular processing and enters the U.S. with an immigrant visa.

  • K3/K4 Visa
    • Follow the K3 visa application process
    • Once the spouse is in the U.S., file Form I-485, Adjustment of Status.

Conditional Residence

If you have been married for less than 2 years when you arrived in the U.S. on an immigrant visa or are approved for Adjustment of Status after arriving in the U.S., you will be given a conditional green card that expires after 2 years.

Ninety days before the expiration of 2 years, you will have to apply to remove conditions on the green card and apply for a permanent one. USCIS may interview both of you separately to determine whether the marriage is real. If they find out that it was fraud, you will lose your green card and will have to leave the U.S.

If your marriage is 2 years old when you arrive in the U.S. on an immigrant visa or are approved for an Adjustment of Status after arriving in the U.S., you will get a permanent green card. (That card eventually expires in 10 years and have to renew it. However, just the card expires and your permanent resident status does not expire.)