Understanding the difference between a fiancé visa and a marriage visa can help you navigate the immigration process more effectively. While both of these visas are intended to help U.S. citizens to bring their foreign spouses or spouses-to-be to this country, each has its benefits and drawbacks. Here are some of the most important differences between a New York marriage visa and a fiancé visa for you and your significant other.
New York Marriage Visa Applications
Marriage visas are available for couples who marry outside the United States if one spouse is a U.S. citizen. The process usually begins when a Form I-130 Petition for Alien Relative visa application is filed with the appropriate U.S. Consulate. The visa applicant will remain outside the United States until his or her petition is approved. A consular interview will be conducted to ensure that the marriage is genuine and valid and that there are no other barriers that would restrict entry into the United States.
For couples who want to live together while the visa application is considered, the K-3 nonimmigrant visa is sometimes available to provide temporary access to the United States. When notified that Form I-130 has been received, the U.S. citizen must then file Form I-129F to request this status on behalf of the non-citizen spouse.
New York Fiancé Visas
If you and your intended spouse would like to marry within the United States, the K-1 fiancé visa is the best way to accomplish this. Once the K-1 visa has been issued and the recipient of the visa has entered the United States, you must get married within 90 days. K-1 visa applications usually take about five to 10 months from application to issuance of these visas. K-1 fiancé visas usually cost somewhat more than consular processing for marriage visas.
The Value of a New York Immigration Lawyer
Working with the right attorney can help you and your intended spouse to make the best and most affordable choices when making your wedding plans. Your New York immigration lawyer will go over these options with you and will provide you with practical recommendations on the right choices for you and your partner.
If you are looking for a qualified and experienced New York immigration lawyer to help you with visa applications or other issues, Oltarsh & Associates, P.C. can help with practical representation and guidance on these issues. Our team is experienced in navigating the visa application process and in delivering the best and most practical solutions for our clients. Give us a call today at 212-944-9420 to schedule a free case evaluation with our team. We look forward to the opportunity to serve you.