Job Visas for a Spouse or Fiancé(e) of a U.S. Citizen

Immigrant visas for the spouse or fiancé(e) of a U.S. citizen are crucial pathways for bringing loved ones to the United States to establish a life together. These visas allow foreign nationals to legally reside and work in the U.S. while pursuing permanent residency.

Two primary visa categories are available: the spouse visa (CR-1/IR-1) and the fiancé(e) visa (K-1). Below is a detailed guide to help applicants understand the process and its significance.

1. Significance of Immigrant Visas

Family reunification is a cornerstone of U.S. immigration policy. Immigrant visas for spouses and fiancé(e)s ensure that U.S. citizens can live with their loved ones in the U.S.

These visas provide a legal framework for entry and residence, granting rights such as employment authorization and, eventually, eligibility for a Green Card (permanent residency). For many, this visa represents the foundation of building a new life together in the U.S.

2. Visa Categories

A. Spouse Visa (CR-1/IR-1)

• CR-1 (Conditional Resident): For marriages less than two years old.
• IR-1 (Immediate Relative): For marriages lasting two or more years.

The CR-1/IR-1 allows the foreign spouse to enter the U.S. as a permanent resident immediately upon arrival.

B. Fiancé(e) Visa (K-1)

The K-1 visa enables a foreign fiancé(e) to enter the U.S. for the purpose of marrying the U.S. citizen sponsor within 90 days. After the marriage, the fiancé(e) can adjust their status to become a permanent resident.

3. Steps for Spouse Visa (CR-1/IR-1)

1. File Form I-130 (Petition for Alien Relative):
   • The U.S. citizen sponsor submits this form to U.S. Citizenship and Immigration Services (USCIS) to establish the marital relationship.
2. USCIS Approval:
   • Once approved, the petition is sent to the National Visa Center (NVC) for processing.
3. Submit Documents to the NVC:
   • Required documents include financial evidence (Form I-864), civil documents (e.g., marriage certificate), and the immigrant’s passport and photos.
4. Attend Visa Interview:
   • The foreign spouse attends an interview at the U.S. embassy/consulate in their home country. They must prove the validity of the marriage and provide requested documentation.
5. Receive Visa and Travel:
   • Upon approval, the foreign spouse receives an immigrant visa and can travel to the U.S. as a permanent resident.

4. Steps for Fiancé(e) Visa (K-1)

1. File Form I-129F (Petition for Alien Fiancé(e)):
   • The U.S. citizen sponsor files this form with USCIS to prove the relationship and intent to marry.
2. USCIS Approval and NVC Processing:
   • Similar to the spouse visa, the petition is processed and sent to the U.S. embassy/consulate in the fiancé(e)’s home country.
3. Attend Visa Interview:
   • The fiancé(e) must provide evidence of the relationship, intent to marry, and complete a medical exam.
4. Enter the U.S. and Marry:
   • Upon visa approval, the fiancé(e) enters the U.S. and must marry the sponsor within 90 days.
5. Adjust Status:
   • File Form I-485 (Adjustment of Status) to become a permanent resident.

5. Key Considerations

• Proof of Genuine Relationship: Provide strong evidence of the relationship (photos, correspondence, joint finances, etc.).
• Financial Requirements: Sponsors must meet income thresholds to support the immigrant.
• Timelines: Processing times can vary widely depending on the visa type and location.

By following the correct procedures and providing comprehensive documentation, applicants can navigate the immigration process successfully. These visas are vital for uniting families and fostering new beginnings in the U.S.