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SPOUSE AND Fiance VISAS

Spouse & Fiance Visas

If a U.S. citizen’s spouse or fiancée wishes to take up indefinite residence in the United States, he or she will require an immigrant visa. If a spouse or fiancée wishes to just make a short trip to the U.S. and then return back to their residence overseas, he/she should apply for a non-immigrant visa.

How do I file for my spouse?

If a U.S. citizen would like to sponsor his/her wife for immigration to the U.S., the first step is to file an I-130 petition with the U.S. Citizenship and Immigration Services. Please see the instructions to the I-130 petition for further details on how/where to file. Please note that the petition cannot be filed until the marriage ceremony has taken place and all prior marriages have been terminated.

Are you getting married in the United States?

If the fiancée of a U.S. citizen intends traveling to the United States to marry and take up indefinite residence after marriage, he or she will require a fiancée visa, also called a K-1 visa. A fiancée cannot enter the United States on a visitor visa or visa free under the Visa Waiver Program to take up indefinite residence.

Note: If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.

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