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If you and your spouse are in the USA, you can get a Green card by filing for an Adjustment of Status (Form I-485). Your foreign spouse must have entered the USA legally for this marriage visa process to work. Marrying in the United States using the Adjustment of Status process is one of the most common ways couples can ensure they can stay together and still get their Marriage Visa. It is very important you understand this adjustment of status process, otherwise your Marriage Visa may get denied.
Time to Obtain Green Card: 4-5 months from date of filing.
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If your spouse is NOT in the USA and you two are married, you can obtain a K3 Spouse Visa. You cannot obtain a Fiance Visa (K1 Visa).You would obtain the K3 Marriage Visa by filing the appropriate paperwork for the marriage visa through the US Embassy in your spouse's home country. Your spouse will be interviewed at the Embassy and upon approval may travel to the USA. Upon inspection and admission to the US, your spouse will enter the United States to adjust her status. This, however, is a longer process than obtaining a marriage in the USA and a fiance visa (K1).
Time to Obtain Green Card: 11 months from date of filing. (7 months until spouse can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card).
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If your fiance is NOT in the USA, you can obtain a Fiance Visa (also known as a K1 visa) which allows your future spouse to enter the country for 90 days and have a marriage in the USA. You can then start the marriage visa process and file an adjustment of status (Form I-485).
Remember, to apply for a Fiance Visa you cannot be married yet. If you are married, then you need one of the other two marriage visa options: Adjustment of Status or K3 Spouse Visa.
Time to Obtain Green Card: 10 months from date of filing. (6 months until your fiance can arrive to U.S. + 4 months to complete Adjustment of Status and receive Green Card).
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If your foreign spouse is NOT in the USA and you are already married, you need to decide how to obtain the Green card. You can choose the "immigrant CR1 visa" or the faster "K3 Spouse Visa". With the CR1 visa you will complete all the paperwork overseas and your spouse will enter the U.S. with full rights as a permanent resident. This will take longer but no filing is done once they arrive in the U.S. You do not need to complete an Adjustment of Status for the CR1 Visa.
CR1 Marriage visa is similar to the K3 Marriage Visa but you will be separated from each other longer with this CR1 marriage visa option. You will receive your green card with either option.
Time to Obtain Green Card: 12 months from date of filing. (Spouse cannot enter the U.S. until all the paperwork is completed abroad).
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No confusion - Don't wonder what stage your application is in or if it has been rejected. With our Visa Streamline System you will always know the exact status of your Marriage Visa Application.
Save money - Avoid lawyer fees. You do not have to hire a lawyer since our Visa Streamline Preparation System has a lawyer watching over your application.
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I am a U.S. citizen and I want to apply for K1 visa for my fiance who is in the Philippines, but I don't know if I make enough to meet the financial requirements. What is the minimum income requirement?
The K1 Visa requires you are able to support your fiance when they come to the U.S. and not be a burden on the State. You can use your income and assets to prove you ......
Submitted by: John W. of Irvine, California, USA
Read MoreMy girlfriend is in Mexico and we are planning to do a K1 fiance visa, but she has little girl from a previous marriage. She has custody of her. Can we bring her daughter to the U.S. without the father's approval?
For the K1 visa or K3 visa you can sponsor the little girl as long as the mother has official documents showing she has full custody of the little girl. There will be no problems. ......
Submitted by: Tom C. of Los Angeles, California
Read MoreDoes being married to an American a guarantee getting a marriage visa?
Applicants often think that being married is a guarantee to get a marriage visa and then a Green card. Marrying does not assure visa issuance. Marriage is simply a piece of paper from an immigration ......
Submitted by: Rita C. of Kentucky, Illinois, USA
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