You have been in a long-distance relationship with your foreign national significant other, and things are going really well. You have decided to take your relationship to the next level, however, nothing good comes easy and you have to figure out a way to be together while navigating the immigration laws of the United States. What is the best path forward for you? Where do you begin the immigration process?
Fiancé (K-1) Visa
A fiancé visa also referred to as the K-1 visa is an option for a US citizen and his/her foreign national significant other to be together in the US. The process consists of two (2) parts- filing the K-1 petition with United States Citizenship and Immigration Service (USCIS) followed by consular processing which includes an interview of the foreign national at an embassy abroad.
After approval of the visa, the foreign national travels to the US and the couple have to get married within ninety (90) days. After that, the foreign national can apply for a green card inside the US through adjustment of status.
The requirements for a K-1 visa are:
-Both individuals have to be single or divorced and free to marry under US laws.
-The individual who is sponsoring the foreign national must be a US citizen. This visa is not available to green card holders.
-You have to provide evidence that the relationship is genuine.
-The individuals must have met in person at least once in the two (2) years before the filing of the K-1 petition.
-The US citizen must also meet certain income requirements.
Marriage Based Green Card
The marriage based green card is another option for couples who desire to live together in the US. This is an option available only to spouses as opposed to the K-1 which is available only to unmarried couples. However, unlike the K-1 visa, a foreign national spouse of a green card holder as well as a citizen is eligible to apply. The marriage based green card process for a foreign national spouse also comprises of two (2) steps. The first step is for the us citizen to file an immigrant petition (Form I-130, Petition for Alien Relative) followed by consular processing which involves completing an application, providing documents and being successful at an interview at the consulate.
In order to qualify for a marriage based green card, the following requirements must be met:
-The individuals must be legally married under the laws of the country where the marriage took place.
-Both spouses must present evidence to prove that the relationship and the marriage is bona fide and not entered into solely for immigration benefits.
-The US citizen spouse must meet certain income requirements.
Which process is right for you?
If you are a US citizen, you and your significant other are likely to qualify for both the fiancé visa as well as the marriage based green card. However, if you are a green card holder then you can only take the marriage based green card route. If you, as a couple, are ready to move forward with your relationship and get married then a marriage based green card might be the better option.
The K-1 visa process typically has a slightly shorter processing time which makes it more attractive for some couples. The other important consideration is the ultimate end goal for the couple. If the goal is to have the foreign national get a green card as soon as possible, then the marriage green card option would be better suited. Lastly, the marriage based green card process also has lower USCIS fees associated with it.
At the Law Office of Anshu Karki, we are well versed in both processes and are happy to walk you through the process without any delays. Give us a call to get started in your fiancé or marriage based green card case right away.