Marriage/Fiancé Visa Attorneys in Corpus Christi & Dallas, Texas

There are two different ways for a foreign citizen to obtain a green card through marriage to a U.S. citizen: Applying for a marriage, or applying for a fiancé visa. Each way has its own advantages and disadvantages. There is no “best” way to immigrate to the U.S. through marriage, as the choice comes down to your particular circumstances.

There are many things to consider when choosing between a marriage and fiancé visa, including the filing fees, the place of marriage, eligibility requirements, and more. Speak with an immigration attorney to discuss your particular situation and determine whether you should apply for a marriage or fiancé visa. At The Torres Law Firm, our attorneys help clients with immigration matters in Corpus Christi, Texas, as well as Dallas and Fort Worth.

Marriage Visa (CR-1 or IR-1 Visa)

The marriage visa, also known as a spouse visa, is an immigrant visa obtained by a foreign spouse of a U.S. citizen or lawful permanent resident (LPR) while in the foreign country after the marriage between the two. The marriage visa gives the foreign spouse the right to immigrate to the U.S. and live there permanently.

Fiancé Visa (K-1 Visa)

U.S. citizens have a right to bring their fiancé to the country in order to get married in the United States by applying for a fiancé visa (K-1 visa). The K-1 visa allows the foreign fiancé to travel to the U.S. with the intention to marry their sponsor. The foreign fiancé and their sponsor must marry within 90 days of their arrival in the country. The foreign fiancé must also file for an adjustment of status within the 90-day window.

Eligibility for Marriage & Fiancé Visas

Eligibility requirements for a marriage and fiancé visa are different:

1. Fiancé visa. In order to be eligible for a fiancé visa, a foreigner must intend to marry a U.S. citizen within 90 days of their arrival in the country. The foreign individual must also be legally eligible to get married in the United States and show that their marriage is bona fide. Neither the foreigner nor the intended spouse can be married to anyone else.

2. Marriage visa. In order to be eligible for a marriage visa (CR-1 or IR-1), a foreign spouse must demonstrate that they are legally married to a U.S. citizen or LPR. The spouses must also show that their marriage is bona fide and not for the purpose of obtaining a green card. Spouses cannot be married to anyone else in or outside the U.S. for their marriage to be legitimate and valid.

Green card holders or LPRs are not eligible to petition for a fiancé visa. Only U.S. citizens can bring a foreigner to the U.S. with the intent to get married through a K-1 visa. Marriage visas, on the other hand, are available to spouses of U.S. citizens and LPRs.

Choosing Which One Is Right for You

There are many factors to take into consideration when deciding between applying for a marriage or fiancé visa. Some of the factors to consider include:

• The place of marriage. With a fiancé visa, the foreign individual arrives in the U.S. with the intent to get married there.

• The date of marriage. Typically, it is much faster to get married outside the U.S. and then apply for a marriage visa if you wish to become married as soon as possible.

• Filing fees. The marriage and fiancé visa application processes involve different filing fees.

• International travel. How often the foreigner travels should be taken into consideration when applying for a marriage or fiancé visa.

Contact a knowledgeable immigration lawyer to help you consider all the factors involved when applying for a marriage or fiancé visa and assist you with navigating the application process.