How Do You Apply for a Marriage/Fiancé Visa?
Are you wondering about how to apply for a marriage visa or have questions about the process? Whether you're already married to a U.S. citizen or planning to tie the knot soon, applying for a marriage visa or fiancé visa is a legal step that requires preparation and accuracy.
At The Torres Law Firm, based in Corpus Christi, Dallas, and San Antonio, Texas, we work closely with couples looking to start a life together in the United States.
We've helped many clients through this process and know how important it is to approach each case with care. Applying for a marriage visa requires understanding the correct path and following through with key legal requirements. Keep reading for more helpful information.
Determining Which Visa You Need
Before we begin the process, it’s important to figure out which type of visa is appropriate. This initial decision affects the forms we complete, the offices we file with, and the evidence we must collect.
Marriage Visa Versus Fiancé Visa
These visa types are meant for different relationship stages and legal statuses. While both allow for the eventual adjustment of status to lawful permanent residents, there are key differences.
Marriage visas are for couples who are already legally married: If you’re already married to a U.S. citizen or lawful permanent resident, the marriage visa allows you to enter or stay in the U.S. as a spouse. It generally involves more documentation upfront but may avoid multiple visa steps.
Fiancé visas are for couples planning to marry in the U.S.: The K-1 fiancé visa allows a foreign fiancé to enter the U.S. for the purpose of marrying a U.S. citizen within 90 days. Once married, the foreign spouse can apply for adjustment of status to receive a green card.
Once we decide which visa applies to your relationship, we can prepare to begin the formal petition process.
Filing the Appropriate Petition
The first official step is filing a petition with the United States Citizenship and Immigration Services (USCIS). This lays the foundation for the rest of the application and shows that a qualifying relationship exists.
Required Forms
Each visa type comes with its own petition form and documentation requirements.
For a marriage visa, file Form I-130: This is the Petition for Alien Relatives. It’s submitted by the U.S. citizen or lawful permanent resident spouse and establishes the validity of the marriage.
For a fiancé visa, file Form I-129F: This form, called the Petition for Alien Fiancé(e), is submitted by the U.S. citizen partner and shows that the couple plans to marry within 90 days of entry.
Supporting Evidence
Along with the forms, we include documentation that proves the legitimacy of the relationship.
Proof of marriage or intent to marry: For a marriage visa, include a marriage certificate. For a fiancé visa, we provide evidence of an upcoming wedding plan and proof of an in-person meeting within the last two years.
Photos and communications: Include images, travel records, and text or call logs showing an ongoing relationship.
Affidavits from friends and family: Sworn statements can add credibility to the petition by showing others recognize the relationship as genuine.
Once USCIS approves the petition, the next step depends on whether the applicant is inside or outside the United States.
Moving Forward with Consular Processing or Adjustment of Status
After USCIS approval, the visa path splits depending on the location of the foreign national. If they’re abroad, we use consular processing. If they’re already in the U.S., we typically file for adjustment of status.
Consular Processing
For applicants overseas, the process continues with the National Visa Center (NVC) and the U.S. consulate.
NVC collects documents and fees: Once USCIS sends the approved petition to the NVC, we submit the required visa application forms and supporting documents.
Visa interview is scheduled abroad: The foreign partner attends an interview at a U.S. embassy or consulate in their country. The officer may ask questions about the relationship and review all submitted materials.
Medical exam is required before the interview: A government-approved doctor will complete a full medical screening. We help clients find a provider and make sure results are submitted on time.
Adjustment of Status
For applicants already in the U.S. on a valid visa, we may be able to file for adjustment of status.
Form I-485 is submitted: This form allows the foreign spouse to apply for lawful permanent residency (green card) without leaving the country.
A marriage-based interview may be required: USCIS may schedule an in-person interview with the couple. We prepare our clients thoroughly to address typical questions.
Work and travel authorization can be requested: While the I-485 is pending, applicants may apply for permission to work and travel.
This step in the marriage visa process moves us closer to permanent residency status.
Financial Requirements and Affidavit of Support
To support a marriage or fiancé visa, the U.S. citizen or resident must show the ability to financially support the foreign spouse. This helps reduce the likelihood of the immigrant becoming reliant on public benefits.
Form I-864: Affidavit of Support
This form demonstrates financial responsibility.
We must show household income at or above 125% of the federal poverty level: The sponsoring spouse must provide recent tax returns, W-2s, and employment verification.
Joint sponsors can be used if needed: If the primary sponsor doesn't meet the income requirement, another individual may agree to help support the applicant.
Assets may be used to meet the requirement: Savings, real estate, and investments can be included if income is not sufficient.
Meeting the financial requirement is critical to avoid delays in the visa process.
Interview Preparation and Visa Issuance
Whether the applicant is attending a USCIS interview in the U.S. or a visa interview abroad, preparation is key. We help couples feel confident by going over questions, documents, and red flags to watch for.
Common Interview Topics
Marriage-based immigration interviews focus on the validity of the relationship.
How you met and how long you’ve known each other: Officers want to see consistency in answers and genuine knowledge of one another.
Daily habits and future plans: Questions may cover household responsibilities, holidays, or major life decisions.
Proof of shared life: Photos, joint accounts, lease agreements, and utility bills are helpful to confirm cohabitation and financial connection.
What Happens After the Interview
The consular officer or USCIS agent may approve the visa immediately or request more information.
If approved, a visa is issued for entry or green card is mailed: K-1 visa holders must marry within 90 days of entry and then file for adjustment of status. Marriage visa holders entering on an immigrant visa receive a green card in the mail after entry.
If more evidence is needed, a Request for Evidence (RFE) is issued: We help clients respond to RFEs quickly and thoroughly to avoid further delays.
We’re there through every step of the interview and post-approval stage.
Supportive Legal Counsel
Getting a marriage visa in Texas is not just about forms and interviews — it’s about building a future together with the proper legal support. At The Torres Law Firm, we help guide couples through every stage, from petitions to green cards. With firm locations in Corpus Christi, Dallas, and San Antonio, Texas, we also serve clients in Fort Worth. Call us today.