The United States is known to value and support its citizens’ love lives; evidence of this is the several visa pathways opened for individuals seeking to join their spouses in the country.

A marriage visa allows foreigners who reside in other countries to live and work in the U.S. with their American spouse. If you are married or planning to marry a U.S. citizen or lawful permanent resident, understanding the visa process is crucial.

This guide covers everything you need to know about USA marriage visas, including the types available, eligibility criteria, application process, and potential challenges.

USA Marriage Visa

Surely you might want to relocate to go and meet your loved ones in the USA, and to avoid not spending quality time together due to visa expiry, you can simply apply for a marriage visa.

This visa will grant you a permanent stay in the USA and grant you all the time in the world to stay with your spouse. However, please know that the visas come with a lot of policies, so do well to read this content to the end to find out.

Types of USA Marriage Visas

The U.S. provides various types of marriage visas, depending on whether you are already married or planning to get married. Here are the most common options:

1. K-1 Fiance Visa

This visa is mainly awarded to foreigners based in their home country; they must be engaged to a U.S. citizen and must marry each other within 90 days of entering the United States.

With this visa awarded, the foreign fiance will be granted entry to the U.S., allowing them to apply for adjustment of status to become a lawful permanent resident (green card holder) after the marriage.

It’s important to note that the K-1 visa is not available for fiancés of U.S. lawful permanent residents (green card holders).

Eligibility Requirements for the K-1 Visa

• The finance resident in the USA (a U.S. citizen) and their foreign partner must have met in person at least once within two years before applying for the visa.

• Both parties must be legally free to marry (i.e., not currently married).

• The couple, both the US citizens and the foreigners, must be ready to get married within a period of 90 days of the foreign fiancé’s arrival in the U.S.

2. CR-1 and IR-1 Marriage Visas

The CR-1 and IR-1 visas are only applicable to foreign residents who have already married U.S. citizens or lawful green card holders. The only difference between these two is the duration by which the couples are married.

• CR-1 (Conditional Resident): As stated above, the only difference between CR-1 and IR-1 marriage visas is that this visa is for couples married for less than two years at the time of application. Once approved, the foreign spouse will be granted conditional permanent resident status, which must be adjusted after two years to remove conditions.

• IR-1 (Immediate Relative): This visa is for couples married for more than two years at the time of application. The foreign spouse will be granted full lawful permanent resident status upon approval, with no conditions to remove later.

Eligibility Requirements for CR-1/IR-1 Visas:

• One of the fiancees must be a U.S. citizen or lawful green card holder.

• Both partners must be legally married.

• They must prove that their union is genuine and not entered into solely for immigration purposes.

Application Process for USA Marriage Visa

The marriage visa application process can be complex and involves several steps. Here is a general outline of the process for the most common marriage visas (K-1, CR-1, and IR-1):

1. File a Petition with USCIS: The U.S. citizen or lawful permanent resident spouse files a petition for their foreign partner. For the K-1 fiancé(e) visa, they file Form I-129F, while for CR-1/IR-1 spouse visas, they file Form I-130 to prove the relationship.

2. USCIS Processing: USCIS reviews the petition. If approved, the case is sent to the National Visa Center (NVC).

3. Visa Application: The foreign partner applies for the visa at a U.S. embassy or consulate, submits documents, completes a medical exam, and attends an interview.
4. Visa Interview: The consular officer reviews the relationship’s legitimacy and decides on visa approval.

5. Visa Approval and U.S. Entry: Upon approval, the foreign partner receives a visa stamp and can enter the U.S. to either marry and adjust status (K-1) or live as a permanent resident (CR-1/IR-1).

After successfully gaining the marriage visa, the foreign national must apply to adjust their status to become a lawful permanent resident (green card holder). For K-1 visa holders, this involves submitting Form I-485 after the marriage takes place.

CR-1 and IR-1 visa holders are granted conditional or full permanent resident status upon entering the U.S., but CR-1 visa holders will need to apply to remove conditions after two years.

Challenges and Delays in the USA Marriage Visa Process

The marriage visa process, while straightforward for many couples, can involve challenges and delays. Some common issues include:

• Processing Times: Depending on the type of visa and the country where the foreign national resides, processing times can range from several months to over a year. It is essential to plan accordingly and prepare for potential delays.

• Proving the Validity of the Relationship: Over the years, there has been an increase in marriage fraud. So the U.S. government is vigilant and now requires couples to provide ample evidence that their marriage or engagement is genuine. This can include photos, correspondence, joint financial accounts, and affidavits from friends and family.

• Ineligibility or Denials: Due to the marriage visa allocation policy, there are chances of your visa being denied. This mostly happens if a foreign partner has a criminal record, immigration violations, or other issues that raise concerns with U.S. immigration authorities; in some cases, waivers may be available.

Conclusion

Securing a U.S. marriage visa can be a lengthy and detailed process, but for many couples, it is the first step toward building a life together in the United States. By understanding the different types of visas available, following the required procedures, and providing clear evidence of a genuine relationship, you can successfully navigate the visa process and begin your new life with your spouse in the U.S.