Getting married can be an overwhelming process, but navigating the U.S. immigration system is no easier. For couples who are weighing their options for immigration by marriage, there are several variables and choices to make. These differences can affect your cost and time line, but both options are paths to permanent residence (green card).
Generally, a couple can marry first and then immigrate to the United States. Or some couples may prefer to have the wedding in America. As a U.S citizen, you have two options to bring your partner to the United States.
1. Immigrate as a fiancé (K-1 Visa)
A U.S. citizen may petition a foreign national fiancé to come to the United States for the purpose of marriage. Congress specifically created the K-1 visa for this purpose. Once the foreign fiancé has entered the United States with a K-1, he or she must marry the U.S. citizen with 90 days or depart the U.S. The process begins with U.S. citizen filing Form I-129F, Petition for Alien Fiancé. After marriage, the K-1 visa holder may adjust status to permanent resident. At the end of this process, U.S. Citizenship and Immigration Services (USCIS) issues the beneficiary a green card.
2. Immigrate as a Spouse (IR-1 or CR-1 Visa)
U.S. citizens and lawful permanent residents may petition a foreign national spouse to immigrate through marriage. The process begins with U.S. citizen or permanent resident filing Form I-130, Petition for Alien Relative and Form I-130A, Supplemental Information for Spouse Beneficiary. The spouse will go through consular processing and enter the United States with an immigrant visa. USCIS mails the actual green card to the spouse shortly thereafter.
If you are already married and the foreign national spouse is physically present in the United States, this article probably isn’t for you. Instead, the foreign national spouse may want to apply for the green card from inside the U.S. This process is known as adjustment of status.
3. Same-Sex Marriages
Both the K-1 visa and CR-1/IR-1 spouse visa are available to same-sex couples. Same-sex spouses of U.S. citizens and permanent residents, including their minor children, are eligible for the same immigration benefits as opposite-sex spouses. Your eligibility to petition for your spouse or fiancé, and your beneficiary’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage. In other words, USCIS treats same-sex marriages the same. However, it is essential that the marriage was legal in the jurisdiction where it occurred.