Fiancee Visa

Marriage to a United States Citizen (USC) entitles you to be able to immediately apply for your green card, unless you are a J-1 visa holder, in which case, there is a requirement that you leave the United States for 2 years before you are allowed to obtain your green card.  This requirement can be waived, however, in certain circumstances.  The following information is helpful in understanding the general process of obtaining a green card if based upon marriage to a USC.

Does marriage to a USC automatically give me a green card?
Marriage to a USC does not automatically get you a green card.  You must file an application with the United States Citizenship & Immigration Services (USCIS) using Form I-485.  Along with the application and required supporting documentation, you must submit an affidavit of support from your spouse as well as the results of a medical examination performed by a civil surgeon approved by USCIS to perform medical examinations. 

Can I apply for a green card before I marry?
You may not apply for a green card until after you are married.  It is your marriage to your USC spouse that makes you eligible to obtain a green card.

What is a fiancé(e) visa?
It is a visa that allows someone not yet married to a USC to enter the United States in order to marry the USC.  The USC fiancé(e) will have to file a petition using Form I-129F with USCIS which is then forwarded to the National Visa Center (NVC) for further processing and fee collection.  Once the NVC requirements have been met, the U.S. consulate in the fiancé(e)’s foreign country is notified and the fiancé(e) will be required to attend an interview at that consulate.  Typical processing takes 4-6 months before a visa is issued.

Am I allowed to work while I wait for my green card?
Because you have a pending green card application, you will be eligible to apply for a work permit by filing Form I-765 with USCIS which will enable you to work until you receive your green card.

How long will my case take to be processed once I applied?
Processing times vary among USCIS offices.  You should always check with the office where you file because processing timelines often change.

When will I get my green card?
You and your USC spouse will be required to attend an interview at the local immigration office having jurisdiction over your case.  If you are approved, USCIS will send your green card in the mail shortly after your interview.  If you need immediate confirmation of your green card status, USCIS will stamp your passport.

Does my USC spouse have to accompany me to my interview?
Yes.  The purpose of the interview is to determine that your marriage is real and was entered into in good faith.  If your spouse does not attend the interview, your petition will be denied.

What type of green card will I receive if I am approved?
If you have been married to your USC spouse less than 2 years, you will receive a conditional permanent resident card which is valid only for 2 years.  You must therefore file a petition with USCIS to lift the conditions of that status using Form I-751.  This petition can be filed as early as 90 days prior to the expiration of your card.  This is mandatory.  Failure to file this petition will result in your being placed in deportation proceedings.  If your petition to lift the conditions is granted, you will receive a green card that will be good for 10 years.

When can I become a U.S. citizen?
If you are applying for citizenship based upon your marriage to a USC, you will be eligible to apply for citizenship by filing Form N-400 3 years after your conditional green card is granted.  You may apply for citizenship as early as 90 days before the expiration of the 3 years.  If your application is not based upon marriage, you must wait 5 years after receiving your green card.