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Marriage Visa

When Do I Need to Apply for a Marriage Visa for My Partner?

Are you in a long-term relationship with a non-U.S. citizen? Have you considered marriage, or even gotten married overseas? The intricacies of the U.S. visa system can be confusing and frustrating. Here’s everything you need to know about when to apply for a marriage visa for your partner.

When to Apply for a K-1 Marriage Visa

If you are a United States citizen and are marrying a non-citizen, you should plan to apply for your marriage visa as soon as possible. This is especially true if you are not yet wed. For those not yet married, for the spouse to be allowed into the United States on a K-1 marriage visa, you must be able to prove that:

  • You met your fiancée your spouse within the previous two years (i.e. seen each other).
  • You intend to wed within 90 days of their arrival in the U.S.

When to Apply for a K-3 Marriage Visa

If you and your spouse were married in a ceremony which took place outside of the United States, you must apply for a K-3 marriage visa. Like a K-1 visa, those applying for a K-3 marriage visa should do so as soon as possible, since these types of visas can take considerable time to be processed.

This type of visa allows your spouse to move with you to the U.S., though they will still need to apply for a Green Card within two years of their arrival. While this seems like plenty of time, in reality, the processing time for a K-3 marriage visa can be up to five or six months. This waiting time, combined with the difficulties of moving to and assimilating in a new country, finding employment, and perhaps raising a family, can quickly pass, making early applications the best idea.

The Burden of Proof for a K-3 Marriage Visa

marriage visa
To obtain a K-3 visa, you must be able to prove that your marriage is legitimate, and not an attempt to unlawfully obtain a Green Card for a non-citizen. In addition, if you have been married for less than two years before your spouse becomes a legal U.S. resident, they will be issued with a conditional Green Card, good for two years.  You will be required to jointly petition to remove the temporary condition within 90 days before the end of the two-year conditional period. If you divorce, you (the U.S. citizen) die, or your spouse is subject to extreme cruelty, they may apply for a waiver for the need of a joint declaration.

Contact an Experienced Immigration Attorney Today

If you are seeking to bring your married partner or your fiancee to the State of Florida, but need a visa, you should seek expert legal counsel immediately. Make sure you get a trusted and experienced immigration attorney who is willing to fight for your rights. Call The Berman Law Group right now at (800) 883-5206 for your free consultation.