According to a statistical summary from the U.S. Citizenship and Immigration Services, 50,381 fiancée petitions were approved in the Fiscal Year 2019. By petitioning the government, U.S. citizens are able to secure a visa or obtain a green card for their foreign-born spouses. If you are a U.S. citizen trying to bring your fiancé or foreign spouse (husband or wife) to the United States, consulting with a knowledgeable immigration law attorney is important for proper counsel.
At Gurian Group, P.A., I’m dedicated to offering detailed legal guidance and experienced representation to clients in a wide range of immigration law and marriage or fiancé visa-related matters. I’m available to discuss your circumstances, help you understand all of your possible legal options, and determine the best course of action. As your attorney, I will fight on your behalf to pursue a favorable resolution and guide you through every phase of the legal process.
My firm — Gurian Group, P.A. — is proud to serve clients in Miami and surrounding communities throughout Florida. Contact me today to schedule a consultation.
The marriage visa, also known as CR-1 or IR-1 visa, is an immigrant visa that allows the foreign-born spouse of a U.S citizen to immigrate to the United States and obtain a green card based on their partner’s request. If you’re an American looking to bring your spouse to the United States, here are the options available to you:
Immigrant visa for a spouse of a U.S. Citizen (CR1 or IR1)
Nonimmigrant visa for spouse (K-3)
In order to qualify for a marriage visa (CR1 or IR1), you must meet certain eligibility requirements listed below:
You must be a U.S. citizen or lawful permanent resident
You must be legally married to your spouse
Your marriage must be legitimate and not for immigration benefits
You must meet the income requirements
A fiancé visa (or K-1 visa) is a nonimmigrant visa that allows the engaged partner of a U.S. citizen to enter the United States. In order to obtain a nonimmigrant visa for a fiancé, you and your engaged partner must have the intention of getting married to each other within 90 days of their arrival.
In order to qualify for a fiancé visa (K1), the eligibility requirements include:
You and your fiancé must be single and eligible to marry under U.S. law
You must provide divorce or death certificates for any previous spouse (if you were previously married)
You must prove the authenticity of your relationship through correspondence, photos, and written statements
You must provide a simple signed statement of your intent to get married within 90 days of their arrival
You must meet the income requirements
Obtaining a CR1 or K-3 visa requires the U.S petitioner to file Form I-130 (Immigrant Petition for Alien Relative) with the USCIS office. Once approved, it will be sent to the National Visa Center (NVC). The NVC will provide you with a case number and ask you to complete Form DS-261 (Choice of Address and Agent). You will also be asked to pay the appropriate fees and provide the required documentation, including a valid passport, affidavit of support, marriage certificate, and other civil documents.
If your petition for a nonimmigrant K-3 visa is approved, the U.S petitioner will still need to file Form I-129F (Petition for Alien Fiancé). The purpose of Form I-129F is to petition for your foreign spouse’s right to maintain permanent residency in the United States. Upon processing and issuing your nonimmigrant K-3 visa, your foreign spouse can travel to the United States for his or her immigrant visa to be processed.
Petitioning for a marriage or fiancé visa involves complicated procedures. With several different visa categories and options available, understanding the eligibility requirements, benefits, risks, and limitations of each visa is tremendously important. An experienced Florida immigration law attorney can evaluate your personal situation and decide the visa option that is right for your fiancé or spouse.
At Gurian Group, P.A., I have the experience and resources to guide couples through the different stages of their marriage-based visa application. As your legal counsel, I can assess your case, help you understand all of your options, and help determine the ideal choice. I can also help file your application forms and documentation, complete all necessary legal paperwork, and prepare you and your partner for the final immigration interview. I will assist you in the way that works best for you in pursuit of the best possible outcome for your marriage visa application.
If you’re trying to obtain a marriage-based visa for your fiancé or spouse, contact my firm — Gurian Group, P.A. — today and schedule a consultation. I can offer you the comprehensive legal counsel, advocacy, and support you need to make key decisions when pursuing a visa. My firm serves clients in Miami and the surrounding areas of Florida.