Just Hear Me Out: Location! Location! Location! Why Where You Get Married Matters
For many couples, where they marry is strictly a matter of preference. Whether they choose to gather their friends at an idyllic destination, marry in their hometown, or exchange vows in their childhood home, the location does not affect the legality of the marriage. If one of the intended spouses is immigrating to the U.S., however, location makes all the difference.
Oversimplifying the issue, you’re either a fiancé before you enter the country or already married. That distinction determines which forms you file with USCIS and how the immigration process plays out. There is no one-size-fits-all decision, and every couple must decide what is best for their situation. If you’re hoping to bring your fiancé(e) to this country and marry here, you’ll file one set of forms.
If you’re already married and hope to bring your legal spouse here to live, you’ll follow a different process. Let’s call the fiancé(e) route the K-1/I-129F route and the already married route the CR-1/I-130 route.
Let’s start with an unmarried person who wants to bring their foreign fiancé(e) to the U.S. to marry. Maybe they always wanted to marry here with their family and friends in attendance, ensuring their marriage is recognized in their home state. The overseas spouse will seek to obtain a K-1 nonimmigrant visa, and the first step in the process is to file a USCIS Form I-129F, Petition for Alien Fiancé(e). Certain restrictions apply if the K-1 visa is approved. The couple must intend to marry within 90 days of the fiancé(e) entering the U.S. The marriage must be valid and not solely for the purpose of obtaining an immigration benefit.
If the marriage takes place within 90 days of admission to the U.S. on a K-1 visa, the incoming spouse may apply for lawful permanent resident status, commonly known as a Green Card. USCIS’ website provides an excellent timeline for what to expect as the process plays out.
Should you immigrate as a fiancé(e)?
There are both advantages and disadvantages to filing as a fiancé(e). I-129F applications are usually adjudicated more quickly than I-130 applications, allowing couples to respond promptly to approval and finalize wedding plans.
However, filing as a fiancé(e) is more expensive. After the marriage, a new set of forms requesting an adjustment of status must be filed, and the new spouse cannot leave the U.S. until they receive advance parole permission, which can take months. The spouse also cannot work until an employment authorization request is approved.
Couples need to understand that once the K-1 visa is approved, pausing or extending the process is almost impossible. None of these concerns should be seen as deal-killers if the couple prefers to marry here, but they can add complexity to the process.
Applications for married couples usually fall into one of two scenarios. Either the couple married overseas, and a U.S. citizen petitions to bring their spouse to the U.S., or the immigrant spouse was in the U.S. lawfully for some other purpose at the time of the marriage. In the first case, the couple files Form I-130, Petition for Alien Relative. If the application is approved, the foreign spouse is referred to a local consulate for further processing and the issuance of the CR-1 visa (if they have been married for less than two years) or the IR-1 (if they have been married for two years or more). If both spouses are in the U.S., Form I-130 is generally filed along with Form I-485, Application to Register Permanent Residence or Adjust Status.
Marriage or engagement: the cost vs time consideration
This process also has its pros and cons. The overall cost can be lower, but processing times are typically longer for CR-1 than for K-1 cases.
True love may inspire couples to act on the spur of the moment, but K-1 and CR-1/IR-1 cases are a prime example of the need to take your time and get things right. Failing to follow the time-honored process outlined by USCIS for obtaining official approval of a marriage can result in the denial of an application. For instance, a couple thinking they’ll have the foreign spouse come to the U.S. on a visitor’s visa, marry when they get here, and take their chances may raise enough red flags to thwart their ultimate goal of living here as lawful spouses.
Fortune favors the patient when it comes to fiancé and spousal applications. Meeting with an immigration expert and mapping out a plan before taking the next step is always the better option.
