U.S. Visas for a Fiancé(e) or Spouse of a U.S. Citizen Overview
For those who are married to or planning to marry a U.S. citizen, understanding the American visa types and factors influencing the visa process is crucial. This blog post provides an overview of the U.S. visa types whether it’s bringing a partner or fiancée to the United States for a trip, choosing the right U.S. visas for spouses, or securing immigrant visas for your children. Learn about the types of visas for couples and how to apply for the visa that best fits your travel plans, purpose, family, and unique circumstances.
B1/B2 Visa (U.S. Tourist Visa)
The B1/B2 visas are non-immigrant visas issued to foreigners wishing to visit the country for business or tourism activities. The visa allows the holder to enter and stay in the United States for a short period. The B1/B2 visa length of stay is usually not more than 180 days.
The B visa has two categories, each defining the purpose of your visit. The B1 is business-related and the B2 visa category is for people visiting the U.S. for pleasure. You can apply for a B2 visa if you wish to enter the United States for vacation with your girlfriend or boyfriend, visit a friend or family, take short-term classes, or seek medical treatment.
The United States tourist visa requirements vary based on your purpose of travel. To start, you’ll need to schedule a visa interview at the U.S. Embassy in your home country. Keep in mind that wait times for interviews can vary from one embassy to another, so be sure to check your specific wait time here. Once you have your interview scheduled, you’ll need to gather some documentation. Here’s the general B1/B2 visa documents checklist:
- Passport valid for travel to the United States
- Non-immigrant visa application DS-160 Form
- Application fee payment receipt
- Applicants Photo
- Evidence of your ties to your home country as proof of your non-immigrant intent
If you need help with B1/B2 interview questions, the HBM Law team is here for you. Many applicants may believe that declaring a boyfriend or girlfriend as their sponsor for a U.S. tourist visa will lead to denial. This misconception often leads some to conceal this information, which is risky and could result in legal issues, negatively impacting future visa applications. It’s important to understand the implications of sponsorship and to be truthful in the application process. If your girlfriend is denied a tourist visa, it’s possible to apply for a K-1 fiancé(e) visa. We assist with various cases, including providing guidance on documents required for B1/B2 visa for parents who are self-sponsoring their B1/B2 visa applications.
K-1 Visa (Visas for fiancé(e)s of U.S. citizens)
If you’re an American citizen planning to marry and live in the U.S. with your foreign national fiancé(e), you will need to apply for the K-1 visa. The K-1 visa (I-129F) allows a fiancé(e) to enter the U.S. for 90 days. During this time, you must marry or leave the country. After marrying, you’ll need to file for an adjustment of status, which can take some time and the K-1 visa holder cannot travel outside the United States during the pendency of the process unless they are issued an advance parole or obtain a green card, whichever comes first. In the U.S. Customs and Immigration Service’s review process, the key focus is on the legitimacy of the relationship, which you will need to prove by gathering documentation to support your case. Read our comprehensive blog post, How to Prepare for a K-1 Visa, to learn more about K-1 visa requirements and the K-1 visa processing time (2024). The fees for the K-1 visa and payment options can be found here. K1 visa holders may also apply for K-2 visas for children under 21 years.
What is a K-2 Visa? This nonimmigrant visa allows the children of a K-1 visa holder (fiancé(e) of a U.S. citizen) to enter the United States. This visa is granted to children who are under 21 years old and unmarried. During the K-1 process, you can add your child who is a minor and once the K-1 visa is granted, you may enter the K-2 status. HBM Law has assisted K-1 and K-2 visa applicants worldwide. To see the full list of Embassies and Consulates we’ve worked with, visit our Embassy list on Our Services page.
K-2 Visa Requirements
To qualify, applicants must meet the following requirements for a K-2 Visa:
- Relationship: The applicant must be the child of a K1 visa holder.
- Age: The child must be under 21 years old at the time of application.
- Unmarried Status: The child must be unmarried.
- Application: The U.S. citizen petitioner must include K-2 dependent in the I-129F application for his/her fiance, the principal beneficiary. The U.S. citizen does not need to file his/her own separate I-129F petition. The fee is $675 when filing the petition with USCIS.
- Documentation: Applicants need to provide proof of the parent-child relationship, such as a birth certificate or adoption papers.
K-2 Visa Cost
How much is a K-2 visa? The cost of a K-2 visa typically includes the visa application fee, which is usually around $185 for the DS-160 visa application. Additional fees may apply for medical examinations or other required documents.
For K-1 and K-2 visa fees, be sure to check with the specific U.S. embassy or consulate for the most accurate and up-to-date information regarding fees and requirements.
The K-1 visa waiting period for couples can be challenging especially for individuals with travel obligations or those needing to care for family members abroad. Additionally, the K-1 visa, being a non-immigrant visa, may be harder to obtain if there have been issues with previous visas. It also requires proof of in-person meetings in the last 2 years (with some exceptions), which can raise scrutiny if the relationship is new. If you’ve already married and are looking for options, a spousal visa may be a better choice.
CR1 Visa / IR1 Visa (U.S. Visas for Spouses)
The spouse visa also known as the I-130 visa (form I-130), is used by U.S. citizens and lawful permanent residents to sponsor their foreign spouse for immigration to the United States. It is the immigrant visa required for filing for a foreign spouse. This visa is applicable for couples married abroad and those planning to marry and bring their spouses to the U.S. for a green card. It’s essential to ensure your marriage is government-recognized in the country where the marriage wil take place, so contacting the respective embassy or family law attorney is necessary for details on the marriage process.
There are two types of spousal visas. The CR1 visa is issued for couples married less than two years at the time of visa interview, and the IR1 visa, is issued for those married for more than two years at the time of the visa interview. Similar to the K1 fiancé(e) visa, you’ll need to demonstrate a genuine marital relationship not to be inadmissible on criminal grounds, and the U.S. citizen’s ability to financially support their spouse. Here’s a detailed explanation.
What is CR1 spouse visa? Those who have been married for less than two years use the CR1. This visa gives you a two-year “conditional” green card, and your spouse will have to apply again within two years for a ten-year “permanent” green card. This means once you receive your conditional resident visa (CR), it needs to be upgraded to a non-conditional residence status before the expiry of your two years anniversary as a legal permanent resident.
The I-130 form processing time varies depending on the approval period by the U.S. Citizenship and Immigration Services (USCIS). Read more about the U.S. Spouse Visa Application Process Overview regarding the form I-130 timeline in our spouse visa service page.
Find out more in our blog post, U.S. CR1 & IR1 Marriage / Spouse Visa Guide, which breaks down the important steps, application process, requirements, interview insights, and useful tips ranging from the IR1 visa interview wait time, CR1 visa processing time, to the form I-130 price.
Contact HBM Law for Professional Guidance on the Types of Visas for Couples, Fiancé(e)s, or Spouse
Couples can use different visas to enter and live in the United States. However, the various visas have conditions that only benefit specific couples. We advise that you choose a visa that best fits your immigration status to simplify your entry and residence status.
HBM Law Offices works with the following U.S. Embassies around the world.
HBM’s global experience with consular processing includes successfully securing visas from the extensive relationships and connections at various Embassies and Consulates worldwide. Contact our team to learn more about immigrant visas for fiancé(e)s and spouses of U.S. citizens and seek professional guidance from HBM Law offices, a leading immigration law firm in Iowa.
