People wishing to marry a non-citizen must apply for a marriage visa.  This is also the K-1 visa or Fiance Visa.  The process is simple, but does take work to accomplish.  This is why of the 500,000 visas issued each year, there are only 30,000 which are for a marriage visa.   This article will explain the steps for a marriage visa and if you are eligible.

Marriage Visa Eligibility

Before you can even apply for a marriage visa, you must first be eligible.  There are some requirements you and your potential spouse must meet.  These include:

– a valid passport with valid passport photos

– birth certificates

– a medical exam

– showing of adequate financial support (the non-citizen cannot go on any government programs for 10 years)

– proof of actual intent of entering a valid marriage (evidence it is not a sham-marriage)

– the couple must meet in person within 2 years prior to applying for a marriage visa

– if any prior marriages took place, there must be proof of a valid dissolution (death certificates, or divorce decrees)

Application Process

Now begins the process of actually applying for the K-1 visa.  To begin, you should file a Petition for Relative or Fiancé form with the USCIS.  This is an I-129F.  The USCIS will send you either approval for move forward with the application or not.  If it approves the application, the US Embassy in the non-citizen’s country will receive notice.  At this point, the non-citizen must apply for their visa and provide the documentation above.  It will also include a processing fee.

Next, a US Consulate Officer will get in touch with you as the applicant.  They will provide you with a full application for a marriage visa.  After completing the application, you must wait for an interview.  This is generally from a consulate agent.  This point will determine if you will be able to get final approval on your visa or not.

MORE IMMIGRATION QUESTIONS?  ASK A LAWYER.

Once receiving approval for the K-1 visa, you must enter into a valid marriage within 90 days.  From here, the couple can file for Lawful Permanent Resident status and eventual citizenship.

Wagoner Immigration Attorneys

 Marriage visa applications and processes can seem daunting at times.  Immigration attorneys can walk with you through this process to make sure you have the correct paperwork and meet deadlines.  Call for a free consultation if you have further questions. 918.283.7394