From Engagement to Immigration: Understanding Fiancé Visas and Marriage Visas | ALG Lawyers

Published: July 18, 2023

Immigrants often take advantage of their marriage to gain lawful entry and residency to US. Around 21% of married couples residing in US have at least one foreign-born spouse. Notably, 13% of all married couples compose of two foreign-born spouses.

Marriage-based immigration is one of the most reliable and stable paths toward getting a temporary or permanent residency in America. It also offers a wide variety of benefits, such as the ability to sponsor other family members. As of now, there are two possible ways to immigrate through marriage: fiancé and marriage visas. ALG Lawyers can walk you through each category and discuss their unique perks.

Difference Between Fiancé Visa and Marriage Visa

Knowing the difference between fiancé and marriage visas is most relevant to engaged couples or those who intend to be engaged soon. Both visa categories have specific advantages over the other. Knowing their differences could help immigrants make decisions more suited to their priorities.

General distinctions

The fiancé or K-1 visa enables US citizens to bring their fiancé or fiancée to the US for the purpose of marrying them. After marriage, the non-citizen spouse may apply for permanent residency. In contrast, the marriage or CR1 visa gives US citizens and green card holders the ability to petition their spouses to enter and live in US. Their spouses may also apply for permanent residency upon fulfillment of specific conditions.

Marriage is a mandatory condition for K-1 visa holders. The non-citizen fiancé or fiancée has to marry their US citizen partner within 90 days upon admission to the country. Failure to marry within 90 days may result in deportation. The marriage should be performed within US territory.

For marriage visa applicants, their marriage must be valid in the country where it was celebrated. Otherwise, the US embassy may not honor such a marriage and deny the marriage visa application.

Processing time

The approximate processing time for fiancé visas is one year to one and a half year. On the other hand, the estimate for marriage visas is one to three years. The processing time for any visa may differ due to many reasons. There can be unforeseen circumstances that may cause delay.

Overview of the application process

The application process between fiancé and marriage visas is also different.

The application process for fiancé visas begin with the submission of application forms. After approval, the applicants may receive a schedule for their interview with the embassy. After passing that stage, applicants will receive their passport and visa. Then, applicants must enter US and get married within 90 days. Finally, the noncitizen spouse may apply for permanent residency.

As for marriage visas, the process also starts with the submission of application forms. Once approved, the applicants will receive a notification for their interview with the embassy. If the beneficiary spouse is already in the US, applicants should opt for adjustment of status.

How to Qualify for Fiancé Visas

Applicants may become eligible for a fiancé visa under the following conditions:

• The sponsor fiancé(e) is a US citizen
• You and your fiancé(e) have the intention to marry each other within 90 days upon your admission to the United States on a K-1 visa
• You and your fiancé(e) do not have legal impediments to marry each other
• You and your fiancé(e) met each other face-to-face at least once within the 2-year period before filing your application

It is possible to request a waiver of the in-person meeting requirement if:

• Face-to-face encounter before the marriage transgresses strict and long-established customs
• Meeting in person imposes extreme hardship on the US fiancé(e) 

How to Qualify for Marriage Visas

The requirements of CR1 visa or permanent marriage visa are as follows:

• The sponsor spouse is a US citizen or Legal Permanent Resident
• The sponsor spouse should at least be 18 years old
• You and your spouse have been lawfully married and present a valid marriage certificate
• The sponsor spouse must file an affidavit of support
• The sponsor spouse be financially able to support their household at 125% of the federal poverty level
  • Sponsors who could not meet the income requirements may coordinate with a joint sponsor
• The sponsor spouse must either live in the United States or plan to return to the country with their foreign spouse

Reminders When Applying for Fiancé and Marriage Visas

Filing a fiancé or marriage visa can feel overwhelming to applicants but it does not have to be complicated. These tips could help you make the process smoother and more organized:

Comply with all IMBRA requirements

The International Marriage Brokerage Regulation Act (IMBRA) protects fiancé and marriage visa applicants from abusive sponsors. It is also one of the government’s ways to determine whether your marriage is authentic.

Some of the requirements set under IMBRA is for applicants to disclose their criminal backgrounds, especially convictions relating to domestic violence, assault and battery, elder abuse, child abuse or neglect, stalking, and offenses related to alcohol or controlled substances.

Double check before submitting

Expect to file multiple forms and documents. Since there are many things to manage, always review the details of what you need to submit before sending them. Even the smallest error can cause the USCIS to deny and return your application. Also, you may ask an immigration attorney to review your submissions.

Build a realistic portfolio

It is a crucial requirement for fiancé and marriage visas to establish a genuine relationship with your partner. Provide photos and video footages illustrating how your relationship started and developed. Be ready to provide specific details especially when it comes to the interview. Immigration officers may ask probing questions to find out more about your relationship.

Keep your schedule open

Although there are estimates when the government will finish processing your application, there is no way of ascertaining exactly when your interview or visa approval will take place. It is ideal to keep your calendars open and reschedule other events when you receive an official notification about your application.

Refrain from concealing your previous marriages

A subsisting marriage will disqualify applicants from fiancé and marriage visas. However, if your marriage was lawfully terminated, you may proceed with the application process. Though it may seem complicated, do not conceal the details of your previous marriage. Explain thoroughly what happened and back your claims with official documents.

Be conscious with what you post on social media

The USCIS will conduct an intensive background check on fiancé and marriage visa applicants. The investigation includes the cyberspace. Your posts may reflect your behavior and activities. Your social media entries could affect the outcome of your application. Contents that seem offensive or illegal may appear as red flags from the perspective of immigration officers.

Processing Marriage Visas Made Easier with ALG Lawyers

Reuniting with your romantic partner in America is a lofty dream but it can turn into reality. Consult with a marriage visa lawyer to explore your options to explore your legal options. ALG Lawyers can assign a trustworthy and well-experienced immigration attorney in Los Angeles to work closely on your case.

We aim to keep up, if not exceed, our clients’ expectations. For that reason, you can expect our team of lawyers and other legal professionals to remain dedicated in every work that we do. Let us know when is the best time to set our first meeting. ALG Lawyers is excited to work with you.