Love is not complicated, but immigration is.
One goal, many paths.
Just like there are many situations in which you could’ve met your international partner, there are also many options to legally bring your lives together. Whether you met in the states during a brief visit, or in another country, there are options suited for your situation. Watch the webinar below for a more detailed breakdown of the visas available to you.
Fiancé Visa
Both partners must be legally free to marry and have met in person within the two years prior to beginning your application. The immigrant fiancé typically is residing abroad. The process involves first getting a K1 Visa, which allows the international partner to enter the United States. You have 90 days from that point to marry and file a green card application to be able to stay. This option is usually the fastest way to get a foreign fiancé physically into the U.S., but the paperwork has more steps and is slightly more expensive than a spouse visa. Click below to learn more about K-1 Fiancé Visas.
Spouse Visa
If you are already married (in the U.S. or a foreign country), the fiancé visa is no longer an option. A spouse visa is usually the best method for an immigrant spouse who resides abroad to be able to move to the U.S. In some cases, immigrants that are already living in the U.S. and are married to U.S. citizens do not qualify to apply for a green card in the United States and must travel back to their home countries as part of the spouse visa process. Click below to learn more about Spouse Visas.
Adjustment of Status
For immigrants who are already living inside the U.S. (for example, they may be on student visas or work visas), adjustment of status is the process used to switch from their current visa type to a permanent green card. Couples sometimes try to avoid the spouse visa process by coming to the U.S. with a tourist visa or an ESTA and adjusting their status, but this can cause major legal problems. If immigrants have entered the U.S. unlawfully (crossing the border with no visa), they usually are not allowed to adjust status and must apply for a spouse visa and waiver.
Direct Consular File
This is a variation on the CR1 or IR1 spouse visa category that may be available if the U.S. citizen spouse is living outside of the United States as an expat and is trying to return to the U.S. with their spouse. The availability of direct filing is limited to specific countries only, as not all embassies are equipped for this. If you do qualify, a direct file is significantly faster than a traditionally filed CR1 or IR1 spouse visa.
Removal of Conditions
The Removal of Conditions process, commonly referred to as the I-751 Application, is for couples who were granted conditional U.S. residency due to marriage. This conditional status lasts for two years. Before the expiration of these two years, the couple must apply to remove the conditions to convert the conditional green card into a permanent one. This process ensures that the marriage was not entered into for the sole purpose of evading U.S. immigration laws. To successfully remove the conditions, couples must provide evidence that their marriage is genuine and ongoing. If approved, the foreign spouse receives a 10-year green card, solidifying their permanent resident status.
Fiancé Visa
Both partners must be legally free to marry and have met in person within the two years prior to beginning your application. The immigrant fiancé typically is residing abroad. The process involves first getting a K1 Visa, which allows the international partner to enter the United States. You have 90 days from that point to marry and file a green card application to be able to stay. This option is usually the fastest way to get a foreign fiancé physically into the U.S., but the paperwork has more steps and is slightly more expensive than a spouse visa. Click below to learn more about K-1 Fiancé Visas.
Spouse Visa
If you are already married (in the U.S. or a foreign country), the fiancé visa is no longer an option. A spouse visa is usually the best method for an immigrant spouse who resides abroad to be able to move to the U.S. In some cases, immigrants that are already living in the U.S. and are married to U.S. citizens do not qualify to apply for a green card in the United States and must travel back to their home countries as part of the spouse visa process. Click below to learn more about Spouse Visas.
Adjustment of Status
For immigrants who are already living inside the U.S. (for example, they may be on student visas or work visas), adjustment of status is the process used to switch from their current visa type to a permanent green card. Couples sometimes try to avoid the spouse visa process by coming to the U.S. with a tourist visa or an ESTA and adjusting their status, but this can cause major legal problems. If immigrants have entered the U.S. unlawfully (crossing the border with no visa), they usually are not allowed to adjust status and must apply for a spouse visa and waiver.
Direct Consular File
This is a variation on the CR1 or IR1 spouse visa category that may be available if the U.S. citizen spouse is living outside of the United States as an expat and is trying to return to the U.S. with their spouse. The availability of direct filing is limited to specific countries only, as not all embassies are equipped for this. If you do qualify, a direct file is significantly faster than a traditionally filed CR1 or IR1 spouse visa.
Removal of Conditions
The Removal of Conditions process, commonly referred to as the I-751 Application, is for couples who were granted conditional U.S. residency due to marriage. This conditional status lasts for two years. Before the expiration of these two years, the couple must apply to remove the conditions to convert the conditional green card into a permanent one. This process ensures that the marriage was not entered into for the sole purpose of evading U.S. immigration laws. To successfully remove the conditions, couples must provide evidence that their marriage is genuine and ongoing. If approved, the foreign spouse receives a 10-year green card, solidifying their permanent resident status.Download Our Marriage Immigration Options Comparison Chart
We’ve made a comprehensive two-page chart that breaks down all the primary factors we use to determine which immigration option is best for our clients. Make a side-by-side comparison of the process, requirements, benefits & drawbacks of the 4 ways to get a marriage-based green card. Sign up below for access!
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Darrin Simpson
Let us help you choose.
This is a lot of information. Sometimes it even seems like it was only designed to discourage you from making your dreams a reality. But rest assured, our team is here to help you with this complicated process. Tell us your story, and we’ll discuss the next best step for you and the one you love.