Should I Apply For A Fiancé(e) Visa Or A Marriage Green Card?
If you have made the decision to get married, congratulations! Being engaged, or having plans to get married, is a big step in anyone’s life. If you and your partner have made the decision to live together in the United States, the decision that follows is just as important as everything else: Will you apply for a fiancé(e) visa or a marriage green card?
What is a Fiancé(e) Visa?
A Fiancé(e) Visa, also known as K-1 Visa, is obtained by filing Form I-129F. If your fiancé(e) is out of the U.S. and you want them to come over to get married, this is the step to take for them to be able to come. You and your fiancé(e) need to have the intent to get married within 90 days of their entering the U.S. with the K-1 Visa. Once you have married within the time instructed by immigration law (90 days), they are able to apply for a Green Card.
Can I apply for a Fiancé(e) Visa?
If you and your partner meet the following requirements, you’re eligible to apply for a K1 Visa:
- One of you is a U.S. citizen.
- Both of you will marry each other within the established 90 days period from the moment the fiancé(e) arrives to the U.S.
- Both are legally available to marry (both are single, divorced, widowed, etc.).
- You have met each other in person at least once within the 2-year period before you file your petition.
What is a Marriage Visa?
When you have married a U.S. citizen, you become an immediate relative, and as such that grants you the right – if you meet the requirements needed – to become a lawful permanent resident. The most important requirement to apply for a Marriage Visa is to have a Family Petition approved or file a Family Petition at the same time.
Can I apply for a Marriage Visa?
The following is a list of the eligibility conditions for this process:
- You properly file Form I-485.
- You were inspected and admitted in the U.S.
- You are physically present in the U.S. at the time of filing.
- You’re eligible to receive an immigrant visa.
- You’re married to the U.S. citizen that petitioned you on Form I-130.
The difference between a marriage green card and a fiancé(e) visa is essentially the order of your relationship now. Of course, if you’re already married the best course of action would be to proceed with a Marriage Visa, and if you haven’t married yet and marrying outside the U.S. isn’t a possibility, you should apply for a Fiancé(e) Visa.
Both processes are very important and at J. Molina Law Firm we make sure that our clients are well represented in any situation. If you would like to consult about your case, you can call us at 469-708-5800. Don’t miss time with your special someone and call today!