Marriage matters: How to relocate your spouse or fiancé to US

This story has significance for readers across Kenya and beyond.

- Foreign nationals can relocate to the US through spouse or fiancé immigration pathways

- Married couples may qualify for CR-1 or IR-1 immigrant visas based on marriage duration

- The K-1 fiancé visa is only available to US citizens, not Green Card holders

Foreign nationals seeking to relocate to the United States with their spouse or fiancé must navigate different immigration pathways, determined by their relationship and the legal status of the person sponsoring them.

Only US citizens and lawful permanent residents commonly referred to as Green Card holder can petition for a partner through the family-based immigration options.

Moving your spouse to the US

For those already married, the spouse may qualify for an immigrant visa that paves the way for permanent residency in the United States.

Depending on the duration of the marriage at the time of entry, they will receive a CR-1 or IR-1 visa.

A CR-1 visa is applicable when the couple has been married for under two years upon the foreign spouse’s entry into the US, granting conditional permanent residence with a Green Card valid for two years.

Conversely, an IR-1 visa is designated for couples married for two years or more, resulting in a Green Card typically valid for ten years.

The sponsoring spouse initiates the process by submitting Form I-130, known as the Petition for Alien Relative, to the US Citizenship and Immigration Services (USCIS).

It is crucial for applicants to provide compelling evidence of their genuine marriage, which may include photographs, joint financial records, and correspondence that signifies an authentic relationship.

Once USCIS approves the petition, the case is forwarded to the National Visa Center (NVC) for further processing.

The sponsoring spouse must also provide financial documentation, such as Form I-864, an Affidavit of Support, to confirm their ability to support the immigrant spouse.

Subsequently, the foreign spouse will attend an immigrant visa interview at the relevant US embassy or consulate.

The entire process typically takes around 12 to 18 months for US citizens, though Green Card holder sponsorship may involve longer processing times due to visa availability.

Moving your fiancé to the US

The fiancé visa is exclusively available to US citizens, meaning that a Green Card holder cannot sponsor a girlfriend or fiancé via the K-1 fiancé visa.

In such a scenario, the couple would normally need to marry first before the permanent resident can petition for their spouse.

A US citizen wishing to bring their fiancé to the US for marriage can opt for the K-1 fiancé visa, provided they meet several key requirements.

Both parties must be legally free to marry and generally need to have met in person at least once in the two years leading up to the petition, although limited exceptions apply.

The couple must also have the intention to marry, with the ceremony occurring within 90 days of the fiancé entering the US on the K-1 visa.

The process begins when the US citizen files Form I-129F, Petition for Alien Fiancé, with USCIS.

Once this petition is approved and the case is processed, the foreign fiancé then applies for the K-1 visa and attends an interview at the respective US embassy or consulate.

If granted, the fiancé can travel to the United States, and the couple must marry within 90 days.

Following the wedding, the foreign spouse can apply for permanent residence by submitting Form I-485, Application to Register Permanent Residence or Adjust Status.

The K-1 visa route can take approximately eight to 14 months from petition submission until arrival in the US, not including the additional processing for permanent residency.

Which route is right for you?

Ultimately, the suitable pathway hinges on relationship status and the sponsor’s immigration standing.

A US citizen who is married may petition for their spouse via the CR-1 or IR-1 immigrant visa process based on marriage duration.

Those who are engaged can pursue the K-1 fiancé visa. Importantly, Green Card holders seeking to bring a partner to the US cannot use the K-1 route and should, instead, consider marrying prior to petitioning.

It is essential for applicants to stay informed about ever-evolving immigration requirements and processing times, directing them to check latest updates with USCIS and the US Department of State before proceeding with applications.

US tightens immigration rules for those seeking visa through marriage

TUKO.co.ke also highlighted facts about the recent crackdown on marriage fraud schemes announced by USCIS, with a focus on the organized criminal networks behind these operations.

The agency emphasizes that anyone seeking to deceive their way to legal immigration status poses a threat to national security, leading to severe penalties for offenders.

Source: TUKO.co.ke

Reporting originally appeared via TUKO. Read the full source for additional context.