How to immigrate to the United States through marriage: methods and costs

For couples weighing marriage immigration options, there are many variables and options. These differences can affect the cost and timing, but all ultimately lead to the right to permanent residence in the United States - obtaining a green card, writes Citizenpath.

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The couple may marry first, and then the foreign spouse immigrates to the United States. Some people prefer to get married in America. Only an American citizen has the right to bring a future spouse to the United States. A permanent resident cannot petition a groom / bride, only an actual spouse can be brought.

Immigration as bride / groom (K-1 visa)

A US citizen can petition his fiancé / bride to visit the United States for marriage. Congress specifically created the K-1 visa for this purpose. After a foreign fiancé / fiancé enters the United States with a K-1 visa, he or she must marry a U.S. citizen within 90 days or leave the country. The process begins with the filing by a US citizen of Form I-129F, a petition for a foreign bride / groom. After marriage, a K-1 visa holder can change status to permanent resident status. At the end of this process, the United States Citizenship and Immigration Services (USCIS) issues a green card to the beneficiary.

Immigration as a spouse (IR1 or CR1 visa)

US citizens and lawful permanent residents can apply for the entry of a foreign spouse for immigration through marriage. The process begins with the filing by a US citizen or permanent resident of Form I-130, petition for a foreign relative, and Form I-130A, additional information for the beneficiary spouse. The spouse will go through consular clearance and enter the United States on an immigrant visa. Although this is just a stamp at the time of entry, it can be considered the equivalent of a green card. USCIS will send the actual green card to the spouse shortly thereafter.

If you are already married and your foreign spouse is physically present in the United States, this information is not for you. Instead, a foreign spouse may want to apply for a green card from within the United States. This is called a status adjustment.

On the subject: How to get a green card for marriage: six basic steps

Same-sex marriage

Same-sex spouses of US citizens and permanent residents, including their minor children, are entitled to the same immigration benefits as spouses of the opposite sex. The eligibility for a spouse, fiancé or fiancé, and the eligibility of that beneficiary as an immigrant when applying for an immigrant visa or during the status adjustment phase, will be determined in accordance with applicable immigration law and will not be denied as a result of the same-sex nature of the marriage. In other words, USCIS treats same-sex and opposite-sex marriages equally. However, it is important that the marriage is considered legal in the jurisdiction in which it is contracted.

Comparison of two ways of immigration by marriage

It is impossible to say which path of immigration by marriage is better. It depends on the specific situation and personal decision. Here are some factors to consider:

• Place of marriage

Congress developed the K-1 bride / groom visa as a way for a foreigner to come to the United States to marry. Thus, the K-1 visa is generally the best solution if a couple wishes to marry in the United States. This path requires prior planning. The marriage must take place in the United States within 90 days of the date of the K-1 visa holder's entry into the United States. Ideally, a status adjustment should follow shortly thereafter. If you prefer to get married outside of the United States, K-1 is probably not the best choice for a visa. Some couples choose an informal wedding reception or a religious ceremony that is not legally binding overseas and then travel to the United States to legally marry.

• Marriage rate

If your priority is to get married as soon as possible, it will usually be faster to formalize the relationship outside the United States. Obtaining a K-1 visa can take anywhere from 5 to 10 months. If you do decide to get married outside the United States, a U.S. citizen will not be able to file Form I-130 until you are married and have received proof of that marriage (marriage certificate).

• US entry speed

If the goal is for the couple to reunite in the United States as soon as possible, the K-1 visa is generally the fastest route. It will take 1 to 5 months for a K-10 visa from the date of application to the date of entry into the United States. On the other hand, it can take 6 to 12 months to obtain a marriage visa. However, these are just estimates. Current conditions, local office utilization, and specific case may vary in duration.

Many foreign nationals may consider participating in the B-2 visa or visa waiver program for the purpose of getting married or changing status. This is not recommended. While many people do this every year, it is a biased intention to fraudulently use a visa and can backfire.

Congress introduced the K-3 visa for spouses of US citizens to reduce family separation. A U.S. citizen can apply for a K-3 visa for their spouse by completing Form I-129F (you can file Form I-129F at the same time as Form I-130 or after filing I-130 petition). The K-3 visa allows a foreign spouse to enter the United States either pending consular processing or simply apply for a green card through a status adjustment. In practice, the US State Department rarely issues a K-3 visa. Typically, the petition for an immigrant visa is approved first, which eliminates the need for a K-3.

Related Documentation

The supporting documents you will need to provide for each process are very similar. Perhaps the most overlooked requirement is the need to prove good faith. Marriage fraud using bogus information to circumvent immigration laws has historically been a problem for US immigration officials. You have to do more than just provide a marriage certificate. You must demonstrate that there is a real relationship.

On the subject: Marriage with an American: useful tips from the US Migration Service

Price

Each path requires slightly different forms / applications with different costs. If costs are a major concern, obtaining a spouse's immigrant visa (CR-1 or IR-1) will generally be cheaper.

K-1 Nonimmigrant Visa Cost

• Form I-129F filing fee – $510
• K-1 Visa Application Fee – $265
• Fee for filing a package for adjustment of status and biometrics - $1160
• Total – $1935

Cost of CR-1 or IR-1 immigrant visa

• Form I-130 filing fee – $560
• Immigrant Visa Application Fee – $325
• NVC I-864 Verification Fee - $120
• USCIS Immigration Fee - $220
• Total – $1225

These figures are estimates based on the USCIS fee schedule for February 10, 2020. The estimate does not include travel or hotel costs that may be required for meetings and / or interviews. Immigration medical examination fees vary by region and doctor and are not included either.

Travel abroad

If the immigrant groom travels frequently, this factor should be considered when choosing a K-1 visa or a CR-1 / IR-1 visa. The K-1 visa is valid for a single entry. International travel is not permitted until the foreign spouse submits Form I-485, Application for Change of Status, along with an application for preliminary withdrawal from the green card (Form I-131). This withdrawal usually takes place within 90 days of the date of application, but may take longer. If the foreign spouse travels abroad before receiving the document, the status adjustment application will be considered canceled. But a spouse who entered the United States on a CR-1 or IR-1 immigrant visa can go abroad immediately. The holder of an immigrant visa will become a permanent resident upon entering the United States. In addition, the K-3 visa facilitates international travel. It can be used for multiple entries to the United States and is valid for up to two years.

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