Marriage/Spouse Visa

There are various types of marriage visas in the United States, and each one of them must meet the general eligibility requirements that apply to all marriage visas. Additionally, each option comes with its own set of eligibility criteria that applicants must satisfy. Here is a breakdown of those requirements:

• F2A Visa. Also called a “second preference” family green card, the F2A visa is for spouses of lawful permanent residents (LPRs). If your spouse has a permanent resident card, you can use their LPR status to pursue your own visa.
• K-1 Visa. The K-1 visa is for couples who plan to marry in the United States. If you are engaged to a U.S. citizen, you can use their citizenship to get a conditional green card. However, you must marry your partner within 90 days of arriving in the United States. Couples who pursue the K-1 visa must have known each other for at least two years, and in-person interaction is required during these two years. Anything that legally prevents you from marrying (such as a pre-existing marriage) makes the K-1 visa impossible.
• K-3 Visa. A K-3 visa allows the spouse of a U.S. citizen to relocate to the United States while waiting for approval of an immigrant marriage visa. If you want to pursue a K-3 visa, your marriage to a U.S. citizen must be legal and valid. However, common-law marriages may meet this requirement in some situations.
• IR1 Visa. If you are married to a U.S. citizen, you can pursue an IR1 visa. This is an immigrant visa that gives you a ten-year expiry date and the opportunity to become a naturalized citizen in the future. Your marriage must be valid, although common-law marriages may be acceptable. Additionally, your marriage must have lasted for more than two years.
• CR1 Visa. If you are married to a U.S. citizen and your marriage has lasted for less than two years, you will need to pursue a CR1 visa. While this is still a valid green card, it will expire in just two years. CR1 holders are conditional residents, and they may petition to remove the conditions on their permanent resident status in the future.

As you can see, there are multiple options for applicants pursuing marriage visas in the U.S. The particular type of marriage/spouse visa that works best for you will depend on the specific details of your situation.

General Requirements for Marriage Visas

All green card applicants must be legally admissible to the United States. There are several grounds for inadmissibility, including certain criminal convictions, communicable diseases, political activities, and war crimes.

There are also various documents that you may need to provide along with your forms and petitions. These may include birth certificates, marriage certificates, passports, evidence of financial support, photographs, and evidence that your relationship is genuine.

Another requirement is an Affidavit of Support. When a “sponsor” signs this document, they accept the responsibility of supporting the immigrant after they arrive in the country. In other words, the sponsor will need to provide a place for the foreign national to live and cover their living costs while they get settled. Except in the case of a K-1 visa, the sponsor is the immigrant’s spouse.

Remember, marriage fraud is a serious offense in the United States. Immigration officials can easily spot “sham marriages” designed to circumvent the immigration system, and you may experience criminal charges or deportation if you attempt this type of fraud.

The U.S. Citizenship and Immigration Services (USCIS) does not provide any concrete information when it comes to marriage visa processing times. While some couples experience relatively short wait times, others may have to wait for months or even years. It’s important to note that mistakes or omissions can cause additional delays, so consider working alongside a qualified immigration lawyer to limit simple errors.

Additionally, some visas—such as the K-1 visa—are associated with shorter wait times, and others require further administrative processing. Although it might seem tempting to rush through this process, a more measured approach with guidance from a lawyer can mitigate potential issues and streamline your application.