The best visa for a U.S. Citizen considering marriage to a foreign national is the K-1 fiance(e) visa. The K-1 visa allows a fiancé(e) to come to the USA for up to 90 days during which time he or she must get married to the U.S. citizen petitioner or return to the home country. To start the process, a US citizen files an 129F petition package with USCIS including evidence that he or she has met the fiancé(e) at least two years prior to filing the petition and supporting documents. It takes about 4-5 months for USCIS to make a decision on the petition.

Requirements for filing 129F Petition:

There are a number of requirements in order to apply for a K-1 visa for your fiancée:
  1. You must be a U.S. citizen;
  2. You must have met your fiancée within the past 2 years;
  3. You and your fiancée must be legally free to marry (i.e. single or divorced);
  4. You and your fiancée must have a serious intention to marry within 90 days of your fiancée's arrival in the U.S.
  5. You must meet minimum financial requirements

Applying for 2 year Green Card After Marriage

A fiancé(e) visa is a temporary visa that permits a fiancé(e) to travel to the USA. After traveling to the USA and getting married, the fiancé(e) can apply for her permanent resident card. If approved, the alien spouse will receive a conditional permanent residency card good for two years.

Applying for 10 year Green Card After Marriage

If U.S. citizen petitioner and resident spouse are still married two years from the date the conditional permanent resident card was granted, the resident spouse can apply for his or her 10 year permanent resident card by filing the I-751 petition to remove the conditions of residence. Both spouses need to sign the I-751 Petition in order for the alien spouse to obtain the 10 year permanent resident card.

Here's How We Can Help You

  • We will review your eligibility for the immigration benefit and identify any potential legal issues that may affect your eligibility.
  • We will help you gather the necessary documents in support of all relevant applications and petitions
  • We will prepare and submit all relevant applications and petitions with the appropriate U.S. Government office and ensure the submission of the correct filing fees
  • We will handle all communication with the appropriate U.S. Government office up until the interview is scheduled
For more information about fiancé(e) visas, contact the Law Offices of Raul Ray at (408) 279-5793.
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