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- FIANCE(E) VERSUS SPOUSE VISA PROCEDURES
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 fiance visa
and the alien-spouse immigrant visa. In many cases, the processing
time for a fiance visa is shorter than that for an alien spouse.
Fiance 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 4-10 months
depending on individual circumstances.
- MARRIAGE IN THE UNITED STATES: FIANCE VISA
U.S. citizens may file a petition with USCIS for the issuance
of a K-1 fiance visa to an alien fiance. A citizen exercising
this option must remain unmarried until the arrival of the fiance
in the U.S., and the wedding must take place within three months
of the fiance's arrival if he or 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
fiance (e) visas. They must marry abroad and then file a petition
for the immigration of a new spouse.
- MARRIAGE ABROAD: ALIEN-SPOUSE VISA:
If a U.S. citizen marries an alien abroad, a petition must
be filed after the marriage to begin the immigration process
for the alien spouse. This can be filed either with the United
States Citizenship and Immigration Services (USCIS) 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 relative petitions.
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