American Citizen-Foreign National Marriages
The Immigration and Nationality Act, as amended, provides U.S. citizens with two options for facilitating the immigration of future spouses to the United States: the K-1 fiancee visa and the alien-spouse immigrant visa. In many cases, the processing time for a fiancee visa is shorter than that for an alien spouse. Fiancee visa processing can take several months from the filing of the petition to the final adjudication of the visa. Total processing time for the alien-spouse visa can take 6-12 months depending on individual circumstances.
Marriage In the United States: Fiancee Visa
U.S. citizens may file an I-129F petition with INS for the issuance of a K-1 fiancee visa to an alien fiancee. A citizen exercising this option must remain unmarried until the arrival of the fiancee in the U.S., and the wedding must take place within three months of the fiancee’s arrival if he/she is to remain in status. Also, the alien and U.S. citizen must have met personally at least once in the two years before the petition was filed. Please note that legal permanent residents may not file petitions for fiancee visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.
Marriage Abroad: Alien-Spouse Visa
If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse. This can be filed either with the Immigration and Naturalization Service (INS) in the United States, or, under certain circumstances, at U.S. Embassies or Consulates abroad. U.S. Embassies and Consulates have differing policies on approving I-130s and should be individually contacted about the availability of this service. Prior to departure from this country, the U.S. citizen should contact the INS or appropriate foreign service post to ascertain exactly what documents will be necessary to file the immigrant petition for a new spouse.