Marriage Visa

If you are married to a U.S. citizen, you should look into applying for a marriage visa. According to the U.S. Department of State, there are two different kinds of marriage visas:

  • Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1): You must file a Form I-130, Petition for Alien Relative; the immigrant visa is also commonly known as the “Green Card”; or
  • Nonimmigrant visa for spouse (K-3): You must file a Form I-130, Petition for Alien Relative, and Form I-129-F (Petition for Alien Fiancé(e)). This application must be filed and the visa must be issued in the country where the marriage took place.

Moreover, if you are a U.S. citizen and would like to marry a foreign national, it is possible for you to bring your fiancé(e) to the United States in order to get married and to live here thereafter. In this situation, you would need to apply for the following:

  • Nonimmigrant visa for fiancé(e) (K-1): You must file an I-129F fiancé(e) petition.

If you are a lawful permanent resident of the U.S. (as opposed to a U.S. citizen) and would like to marry a non-U.S. citizen, you cannot apply for a fiancé(e) visa; in this instance you may, however, apply for an immigrant visa (Green Card) for your spouse after you are married. Accordingly, if you are a lawful permanent resident of the U.S. and already married to a non-U.S. citizen, you may request an immigrant visa (Green Card).

Note that if you have been married for less than two years when your spouse is granted a Green Card, it will be under conditional permanent resident status. Those two years are to show that you have not gotten married in order to take advantage of immigration laws. Once the two years are up, the spouse with the Green Card must petition to remove the conditional status within 90 days.
For full instructions on applying for a marriage visa, including the most up-to-date information regarding the documents and fees required, be sure to check out the U.S. Department of State website. As with all visa issues, if you have any questions regarding your specific situation, you are advised to consult with an experienced immigration lawyer in your area.