One of the most common ways to immigrate to the U.S. is through marriage to a U.S. citizen. While immigration through marriage is generally simpler than employment-based immigration, the process can still be complex and time-consuming, often taking several months to complete. There are three primary routes for a foreign national to immigrate legally to the U.S. through marriage, each with distinct procedures and timelines.
1. Marriage Abroad (Outside the U.S.)
In this case, the U.S. citizen marries the foreign national in their home country or any other country. The U.S. citizen then submits an immigrant petition (Form I-130) to the USCIS to invite their spouse to the U.S. Once the petition is approved, it is forwarded to the National Visa Center (NVC), which processes the petition and sends it to the U.S. embassy in the foreign national’s country for an interview. If the interview is successful, the foreign spouse receives an immigrant visa in their passport, allowing them to travel to the U.S. and gain permanent residency upon arrival. This route typically takes 3-5 months for petition approval, followed by additional processing time at the embassy.
Time spent apart: The foreign spouse will have to stay in their home country throughout the application and visa processing stages, meaning the couple may be separated for several months before the foreign spouse can join the U.S. citizen in the U.S.
2. Marriage in the U.S. (with a Tourist Visa or Visa Waiver)
In this scenario, the foreign national enters the U.S. using a tourist visa or the Visa Waiver Program and marries their U.S. citizen partner in the U.S. Once married, the U.S. citizen files an immigrant petition (Form I-130) with the USCIS, just as in the first route. The foreign spouse must leave the U.S. before exceeding the allowed stay with their tourist or VWP visa and wait for their visa interview at the U.S. embassy, similar to the process in route 1. Once approved, they can return to the U.S. with an immigrant visa and gain permanent residency.
3. The K-1 Fiancé(e) Visa
The K-1 fiancé(e) visa is designed for couples who are not yet married. The U.S. citizen petitions for a K-1 visa for their foreign fiancé(e) before marriage. After petition approval, the fiancé(e) receives a visa and travels to the U.S. On arrival, they must marry the U.S. citizen within 90 days. After the marriage, the foreign spouse can apply for adjustment of status (Form I-485) to become a permanent resident without leaving the U.S. This process typically takes 8-12 months to complete.
Time spent apart: The major benefit of the K-1 visa is that the couple can marry and live together immediately in the U.S. However, the foreign fiancé(e) must wait several months before receiving the K-1 visa, and there is a waiting period for the adjustment of status application after the marriage.
Comparing the Three Routes
- Time Apart: Routes 1 and 2 typically require the foreign spouse to remain outside the U.S. until they complete the visa process and can return with their green card. In contrast, the K-1 visa allows the couple to marry and live together immediately in the U.S., although the waiting time for the K-1 visa can still take several months.
- Immigrant Petition Process: All three options involve the U.S. citizen spouse filing an immigrant petition (Form I-130) or fiancé(e) petition (Form I-129F) with USCIS. After approval, the petition is either processed through consular processing or adjustment of status.
- Complexities and Costs: The K-1 fiancé(e) visa is often more costly due to the additional paperwork and time involved before and after the marriage. The other two routes tend to be less complicated but require the foreign spouse to stay outside the U.S. during much of the process, leading to longer separations.
Why Work with an Experienced Immigration Attorney?
Each of the three routes for immigrating to the U.S. through marriage has its advantages and challenges. If the couple is already married and living abroad, the process of consular processing (Route 1) is straightforward but requires separation during processing. If the couple chooses to marry in the U.S., the foreign spouse will need to leave the country before the visa interview (Route 2). Lastly, the K-1 fiancé(e) visa offers the opportunity for the couple to marry and live together in the U.S. immediately, though it requires careful planning and can be more expensive.
Regardless of the route chosen, the process of immigrating through marriage to a U.S. citizen requires careful attention to detail and compliance with U.S. immigration laws. Working with an experienced immigration attorney can help streamline the process and ensure that the couple successfully navigates the steps to obtaining permanent residency. If you are ready to begin your journey, contact us to discuss your case and get started on the path to securing your future in the U.S.
