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Visa Procedures for Foreign Spouses
 

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Visa Procedures

The Immigration and Nationality Act, as amended, provides U.S. citizens with two options for facilitating the immigration of future spouses to the United States: the K-1 fiancé visa and thealien-spouse immigrant visa. In many cases, the processing time for a fiancé visa is shorter than that for an alien spouse. Fiancé visa processing can take several months from the filing of the petition to the final adjudication of the visa. Total processing time for the alien-spouse visa can take 6-12 months depending on individual circumstances. If your alien fiancé is already in the United States and plans to adjust status in the U.S., contact the Bureau of Citizenship and Immigration Services (BCIS)

Marriage In the United States: Fiancé Visa

U.S. citizens may file an I-129F petition with BCIS for the issuance of a K-1 fiancé visa to an alien fiancé. A citizen exercising this option must remain unmarried until the arrival of the fiancé in the U.S., and the wedding must take place within three months of the fiancé's arrival if he/she is to remain in status. Also, the alien and U.S. citizen must have met personally at least once in the two years before the petition was filed. For more information about K-1 visas see the Bureau of Consular Affairs' brochure Tips For U.S. Visas: Fiancé(e)s. Please note that legal permanent residents may not file petitions for fiancé visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.

Marriage Abroad: Alien-Spouse Visa

If a U.S. citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse. This must be filed with the Bureau of Citizenship and Immigration Services (BCIS) in the United States where the petitioner U.S. spouse lives. Only if the U.S. citizen petitioner was a legal permanent resident of Panama before the marriage to a foreign citizen resident in Panama may the petitioner file the I-130 petition with the BCIS office in Panama City.