Marriage-Based & Fiancé(e) Visas
Reuniting with your partner in the United States is possible through marriage-based and fiancé(e) visa pathways. Whether you’re already married or planning to marry, U.S. immigration law provides structured routes to help couples build their future together legally.
What Are Marriage-Based & Fiancé(e) Visas?
These are immigration pathways that allow U.S. citizens (and in some cases Green Card holders) to sponsor their foreign partner.
They are processed through United States Citizenship and Immigration Services and may lead to permanent residency (Green Card).
Types of Relationship Visas
Marriage-Based Green Card (CR1 / IR1 Visa)
For couples who are already legally married
- What You Get: Immediate eligibility for a Green Card upon entry Ability to live and work permanently in the U.S.
- Visa Types: CR1 (Conditional Resident) – If married less than 2 years IR1 (Immediate Relative) – If married 2+ years
Fiancé(e) Visa (K-1 Visa)
not yet married
How It Works
- U.S. citizen petitions for their fiancé(e)
- Fiancé(e) enters the U.S.
- Marriage must occur within 90 days
- Apply for Green Card after marriage
Spouse Visa for Green Card Holders
- Subject to visa availability
- Slightly longer processing time
How It Works (Step-by-Step)
In removal defense, the burden of proof is almost always on the respondent (the non-citizen). You generally need:
- Step 1: Petition Filing File Form I-130 (Petition for Alien Relative)
- Step 2: Approval & Processing Case moves to the National Visa Center (NVC)
- Step 3: Interview Attend U.S. embassy interview
- Step 4: Entry & Green Card Enter the U.S. and receive permanent residency
Fiancé(e) Visa Process
- Step 1: File Petition Submit Form I-129F
- Step 2: USCIS Approval Petition reviewed and approved
- Step 3: Embassy Interview Fiancé(e) attends visa interview
- Step 4: Travel & Marriage Enter U.S. and marry within 90 days
- Step 5: Adjustment of Status Apply for Green Card after marriage
What You Need to Apply
Relationship Proof (Very Important)
- Photos together
- Chat logs, emails, call records
- Travel history
- Wedding evidence
Legal Documents
- Marriage certificate (if married)
- Passports
- Birth certificates
- Divorce certificates (if applicable)
Financial Documents
- Tax returns
- Employment verification
- Bank statements
Conditional Green Card
If married for less than 2 years: You receive a 2-year conditional Green Card Must file to remove conditions later (Form I-751)
Common Challenges
Proving the relationship is genuine Missing or inconsistent documentation Interview preparation issues Delays due to incomplete forms
Processing Time
Marriage-Based Visa: 10–18 months Fiancé(e) Visa (K-1): 8–15 months Timelines vary based on case complexity and country