The Importance of Petitioning for a US Spousal Visa: A Pathway to Reunite with Your American Love

Love knows no boundaries, and when you find your soulmate of a different nationality, the plan of being together becomes a dream worth pursuing. Fortunately, the U.S. government recognizes the significance of keeping families together and offers a pathway through the spousal visa.

In this article, we’ll explore the importance of petitioning for a U.S. spousal visa and provide an example of the process to guide you on this heartwarming journey.

A US K-1 or Fiance visa is a dual intent visa issued to the fiance or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry.

Once the couple marries, the foreign citizen can adjust her status to become a lawful permanent resident of the United States (Green Card holder). Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.

Many men like you get engaged to a lady from the Philippines or some other foreign country every day. Along with planning the wedding, U.S. citizens engaged to a foreign national may also need to consider the process of bringing their significant other to the United States for marriage. This article will give you a background and cover the basic requirements and procedures for the “K-1” fiancé/fiancée visa.

Only U.S. citizens can file a visa petition on behalf of their fiancé/fiancée; unfortunately, under current immigration law, permanent residents do not have the privilege of petitioning their fiancé/fiancée. The USCIS will only grant the fiancé/fiancée visa where: 

1. the U.S. Citizen and foreign national can demonstrate a genuine intention to marry in the U.S.
2. both persons are legally free to marry in the state of intended marriage; and 
3. the couple has personally met at least once in the two-year period immediately preceding the filing of the K-1 visa petition.  This requirement CAN be waived where there is a long-standing cultural custom that prohibits seeing the future spouse, or where exceptional circumstances exist (e.g., medical hardship).

Why Petition for a US Spousal Visa?

1. Legal Recognition of Your Relationship
   Petitioning for a spousal visa is a formal acknowledgment of your commitment to one another. It legally binds your relationship under U.S. immigration law, offering both parties a sense of security and stability.

2. Reuniting Families
   The spousal visa serves as a powerful tool for reuniting families. It enables spouses to live together in the United States and fosters the growth of loving, supportive families.

3. Work Authorization
   Once your spouse’s petition is approved, you’ll typically be eligible to work in the U.S. This provides you with financial independence and the opportunity to contribute to your household.

4. Access to Benefits
   As a spouse of a U.S. citizen, you may also become eligible for various benefits, such as health care, social security, and educational opportunities.

The US Spousal Visa Process

Now, let’s dive into a simplified example of how to petition for a U.S. spousal visa. Please note that the actual process may involve more steps and requirements, so consulting with an immigration attorney or using the official U.S. government resources is highly recommended.

1. Determine Eligibility
   Before you begin, ensure that you meet the basic eligibility criteria. You must be legally married to a U.S. citizen, and your marriage must be genuine, not a sham to obtain a visa. Additionally, you must be admissible to the U.S., meaning you haven’t committed certain crimes or immigration violations.
   
2. File The Petition Form
   Your U.S. citizen spouse will initiate the process by filing a petition form, which establishes the qualifying relationship. This form should be filed with U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents and the appropriate fee.
   
3. Wait for Approval
   After submission, USCIS will review the petition and supporting documents. If everything is in order, they will approve the petition. If there are any issues, USCIS may request additional evidence or documentation.
   
4. National Visa Center (NVC) Processing
   Once the petition is approved, it is forwarded to the National Visa Center (NVC). They will inform you when the petition is ready to be processed. You will need to pay additional fees and submit required forms and documents to the NVC.
   
5. Attend the Visa Interview
   After NVC processing, your case will be forwarded to the U.S. embassy or consulate in your home country. You will be notified about the visa interview, during which you must demonstrate the bona fide nature of your marriage.
   
6. Visa Approval and Entry
   If your visa is approved, you will receive a visa stamp in your passport, allowing you to enter the United States. Upon entry, you will become a lawful permanent resident.
   
7. Adjustment of Status (if applicable)
   If you’re already in the U.S. on a different visa, you may need to apply for an adjustment of status to become a lawful permanent resident.
   

The U.S. Citizen can also petition their fiancé/fiancee’s unmarried children under the age of 21 years old for a “K-2” visa. A key issue to remember here is that the K-2 children must adjust their status to permanent resident before they turn 21 years old; the Child Status Protection Act (CSPA) does not protect K-2 beneficiaries from “aging out” should the adjustment of status applications remain pending beyond their 21st birthday. 

The process of bringing in a fiancé/fiancée is complex, especially where there may be age and cultural differences, prior petitions or applications where the K-2 children are nearing their 21st birthday, multiple marriages, or where the K-1 beneficiary may have a ground of inadmissibility. U.S. citizens seeking to petition Their fiancée should consult a knowledgeable and experienced immigration specialist. 

You have the choice to file the application by yourself or hire a professional to file it for you. Today’s ever-changing Immigration Regulations and Embassy procedures pretty much require the expertise of a full-time immigration professional.

Olvis Visa is here to assist you in filing the petition and processing the K-1 Visa of your fiancee.

Olvis Visa has been in this industry for more than 3 decades. You are assured of professional and dedicated personnel to help with your visa application.

Contact Olvis Visa now.