Can You Apply For Spouse Visa Before Marriage?

To bring your spouse to the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder. If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here with a nonimmigrant visa for a fiancé(e) (K-1). An I-129F fiancé(e) can travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e). If you and your fiancé(e) married within 90 days of your marriage, merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country.

To be eligible, the spouse visa applicant must be married to either a British citizen, someone with UK settled status such as indefinite leave to remain, or have refugee status. Both spouses must be aged 18 or over. In your spouse visa application, you will need to prove you meet the following criteria: a genuine and subsisting relationship.

For the prospective marriage visa (subclass 300), you can apply for a Partner visa to visit Australia to marry your prospective spouse. For the K-1 and K-2 visas, the U.S. citizen sponsor needs to file an I-129F petition for their foreign fiancé(e). If the petition is approved, the fiancé (e) will need to go to the U.S. Consulate or Embassy located in their home country.

The processing time for the spousal visa can range from 8 months to 5 years. Eligible applicants include those who are married, in a civil partnership, or unmarried.

Is it faster to get green card through marriage?

If your spouse is a green card holder and you live in the United States, you will wait about 13.5–20.5 months to receive your green card. If your spouse is a green card holder and you live outside the United States, you will wait about 29–40 months to receive your green card.

Widows of U.S. citizens. Widows and widowers of U.S. citizens can apply for a green card within two years of their spouse’s death. The process is similar to the marriage-based green card process for spouses of U.S. citizens, but instead of the I-130, widows and widowers will file Form I-360.

How long do you have to be married to get a green card?

Two years: USCIS grants two-year conditional permanent residence for marriage. After two years, you must file Form I-751 to remove the conditions of residence and get a green card.

It might be hard to travel after marrying an American. Is that true? Yes. If you marry an American or green card holder, be careful about travel. If you are in F, J, or tourist status, you must have a home abroad and intend to return. When you apply for a visa, you have to prove you have ties to your home country. Marriage to a U.S. citizen makes it hard to prove you have ties to your home country because you are assumed to want to immigrate to the United States. If you need a new visa to return to the United States, your will visa is likely to be denied, even if you plan to continue as a full-time student. What if I have a student visa in my passport? Can I travel then? As long as you have a valid visa, are a full-time student, and have your I-20 or DS-2019 signed for travel by OIS, you may be able to re-enter the United States even if you have married a U.S. citizen.

What is better, fiancé visa or spouse visa?

The sooner you plan to marry, the more likely you’ll get a spouse visa. You might want a fiancé visa if you plan to wait before getting married. You can get married abroad and then apply for a spouse visa.

Choose the right visa for you and your partner. You can choose between a K-1 fiancé or spouse visa, depending on your circumstances and relationship with your partner. But it can be hard to know which visa is right and how to apply.

If you need help with visas, a fiancée K1 visa lawyer may be able to help. He or she can also help with adapting to American culture when bringing the foreign partner into the country. A K-1 or spouse visa lets you and your partner live happily together in the U.S.

Which is faster fiance visa or marriage visa?

Fiancé(e) and Spousal Visa Application Process and Timeline. If you want to get to the U.S. fast, the K-1 fiancé(e) visa is the fastest option. If you want a green card quickly, a marriage-based visa is faster. For details on the steps involved, see the K-1 Fiancé Visa and Marriage-Based Immigrant Visa application guides. Overview: K-1 visa processing times have slowed. The average time to get the first step done, USCIS approval of the Form I-129F Petition for Alien Fiancé(e), was between 6 and 15 months in early 2024.

Can my wife stay in the US while waiting for a green card?

Adjustment versus consular processing. Few people can choose between adjustment of status and consular processing. But some U.S. citizen spouses in the United States can choose. Most eligible spouses prefer to adjust their status. It lets the foreign spouse stay in the United States while waiting for the green card. Consular processing often results in quicker processing times. The couple may be separated. Each path has its own pros and cons. Read Adjustment of Status vs. Consular Processing for a detailed breakdown.

Inadmissible grounds. All green card applicants are checked for admissibility before entering the United States. If the applicant is already in the U.S., they are still checked for inadmissibility before becoming a permanent resident. People with a criminal or terrorist history, drug abuse, infectious diseases, or other characteristics will not be allowed to enter the U.S. The following list summarizes some of the major classes of inadmissibility. Sometimes a waiver is available.

What is the visa before marriage?

A K-1 visa is for couples who aren’t married to their U.S. citizen partner but plan to be. Reasons to Consider a K-1 Fiancé Visa or Marriage Green Card; Fiancé Visa Vs. CR-1 Spouse Visa Timelines; Which Is More Affordable: Fiancé Visa vs. CR-1 Spousal Visa? The Bottom Line Frequently Asked Questions Related Information Boundless Reviews Congratulations on your engagement! If you’re on this page, you’re probably planning to live together in the U.S. and one of you lives outside the United States.

The Difference Between a Fiancé Visa and Spousal Visa.

What is the fastest spouse visa in the USA?

Which visa is best for me? As of 2023, the K-1 visa takes less time to process than the CR1 visa. However, the CR1 visa helps your foreign spouse get their green card faster. The K-1 visa is a good option for couples who want to get married in the U.S. Here’s a comparison of the two visa types to help you decide which is best for you and your partner. If this sounds complicated, don’t worry! RapidVisa can help you with your immigration journey. Ready to get started?

Disclaimer: This post was accurate when it was published. Immigration changes often, so old information may not be accurate. Note the date. These posts will stay online even if new information makes them outdated. Don’t make important life decisions based on this content. This post is not legal advice. RapidVisa is not a law firm. This content is free for informational purposes. If anything in this post conflicts with an official government website, the official government website is correct.

Can you apply for a partner visa while still married?

You can still get a partner visa if you haven’t divorced your ex. The situation can be complicated. It requires a professional to assess it and advise on the best way forward. We recently helped someone get a partner visa in six weeks.

J.T. Partner visa granted in 6 weeks. Sponsors divorce to ex-wife not finalised yet. Need to consult with us? Book an appointment. Our team will give you expert advice tailored to your case.

Can I switch from marriage visa to spouse visa?

The Spouse visa application process is usually the same, regardless of the visa. You must have time left on your current visa before applying for a Spouse visa. Otherwise, you won’t be able to apply. Contact us if you need help with your spouse visa.

Switching from a Marriage Visitor Visa. The Marriage Visitor and Fiance visas both let you enter the UK to get married.

How long do you have to be in a relationship to apply for partner visa?

How long have you been together? Your de facto relationship must have lasted at least 12 months before you apply for the visa. Dating or online relationships don’t count as de facto relationships. If your de facto relationship has lasted less than 12 months, you may still be eligible for the visa. Book an appointment to find out if you don’t need to meet the one-year relationship requirement. You need to show a birth certificate or other ID proving your parents’ names.

Can I get married while waiting for fiance visa?

Final decision. Don’t get married if you have a pending fiancé case. It doesn’t matter if the case is with USCIS, the National Visa Center, or the embassy. Don’t get married until you have your visa. This will also help you get an immigrant visa or become a green card holder. Call us at 961-8200 with any questions about citizenship and immigration services. Email us at emailprotected. Join our Facebook group, Immigrant Home. If you know anyone who could file a petition for an alien fiancé or adjust status, share this video on social media. Subscribe to our YouTube channel for updates on citizen petitions, permanent residence, etc. Thanks. Have a great day!