Spousal/Fiance(e) Petition

Spousal Petition.

If you are an U.S. citizen, you may bring your foreign spouse (husband or wife) to the United States to live, by applying for an (a) Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) or a (b) Nonimmigrant visa for spouse (K-3).

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Fiance(e) Petition.

If you are an U.S. citizen, you may bring your fiance(e) to the United States to marry and live here by applying for a Nonimmigrant Visa for Fiance(e) (K-1).

A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place. In general, the two people must have met in person within the past two years. Some exceptions may be granted, however. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Preference Categories

The relative you wish to immigrate must obtain an immigrant visa number that is based on the preference category in which they fall. Foreign nationals who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences: