Spousal Visas – Bring Your Spouse to Live in the U.S as a Permanent Resident

The most common way to apply for U.S residency is through family-based immigration and spousal visas. You can be sponsored by a U.S citizen or lawful permanent resident to come to the U.S to become a permanent resident. The spousal visa, or fiance visa, is considered a non-immigrant K-3 visa with the required Form I-130. If you need a Portland family immigration attorney, The Law Offices of Anable & Rivera PC is here for you.

Applying for Fiance Visas

U.S citizens are able to bring their foreign-born fiances into the United States by applying for a fiance visa. These are known as the K-1 visa.  In order to do this, you will need to file a specific form called Form I-129F, Petition for Alien Fiance, and intend to marry within 90 days of your fiance entering the United States as a K-1 immigrant.

How the K-1 Visas Works

The K-1 Visa is a non-immigrant visa that allows fiances of the United States citizens to enter the country and then apply for resident status.  This is only valid when the marriage is legitimate and not for the sole purpose of obtaining a visa. The process involves USCIS, the U.S Department of State, and U.S Customs and Border Protection, which means there might be checks in various databases for national security, criminal history, and other information. 

In order to obtain the visa, the marriage must happen within 90 days of the fiance entering the country. If the marriage happens within those 90 days, the fiance is able to apply for resident status in the United States. 

If you have already married, plan to marry in another country other than the U.S, or if the fiance is already legally residing in the U.S, they may not be eligible to apply for a fiance visa. 

Eligibility Requirements

In order to apply for a fiance visa there are certain requirements that must first be met. Eligibility requirements include:

  • You are a U.S citizen
  • You intent to marry within 90 days from your fiance’s admission to the U.S on the K-1 visa
  • Both parties are legally free to mary (all previous marriages ended by divorce, death, or annulment)
  • You and your fiance met in person at least once within the 2 year period before you file your petition. There are waivers available for this requirement. 

How to File — Obtain a Fiance Visa

The process of bringing your fiance into the country can be a little involved. Your immigration attorney can help you ensure that you’re following the proper steps and filling out everything correctly. In summary, the process involves:

  • Filling out and filing Form I-129F, Petition for Alien Fiance.
  • Await the review of Form I-129. You may receive a request for further documentation or evidence. 
  • If eligibility is established, the Form I-129 is approved.
  • The approved form is sent to the DOS National Visa Center. 

How We Can Help

Marriage is an important part of a person’s life, and we want to make sure that you are able to successfully bring your fiance into the United States. As immigration attorneys, we help you file and submit the proper and necessary documents, as well as follow procedures and eligibility requirements to successfully obtain a K-1 visa for your fiance. 

Call us to Schedule a Consultation Today

Do you need to apply for a fiance visa? Look for supportive legal representation. We are Portland’s best immigration attorneys, call The Law Offices of Anable & Rivera PC today and tell us how we can help you.