- 1). UNDERSTAND THE DIFFERENT GREEN CARD THROUGH MARRIAGE VISAS
K1 Fiance(e) Visa
Use the fiance visa if you have met your fiance in person and want to bring him or her to marry in the States. It tends to be faster than other visa petitions. But the K1 fiance applicant must apply for Adjustment of Status after getting married in the US (read: more paperwork and fees).
The K1 fiance visa is the most popular visa type for couples filing for a visa petition. Only US citizens may petition their alien fiance(e)s; green card holders cannot. - 2). CR-1 or IR-1 Spouse Immigrant Visa
Use this if you married overseas and want to bring your husband or wife to the US to live with you. Also known as the I-130 petition, apply for a spouse visa if you want all paperwork done with once he or she gets in the country. Unlike the K1 fiance visa, you don't need to apply for Adjustment of Status once in the US. You are automatically given a green card through marriage, just as soon as you're in the country. - 3). K3 Spouse Non-Immigrant Visa
Use the K3 visa if you want to get a green card through marriage but also want your partner to be able to come to the US while still waiting for his or her immigrant visa. The idea is to reunite the couple sooner.
Get ready to file more forms with the K3 visa. You are combining the flexibility of the K1 visa (allowing entrance to the US as a non-immigrant) and the permanence of the CR-1 spouse visa (granting lawful permanent residence in the end). - 4). DCF or Direct Consular Filing
DCF is an informal term for filing directly with the U.S. embassy. Use this if you live abrod with your spouse and want to get him or her an immigrant visa fast. Find out from the U.S. embassy in your spouse's country (or wherever you live together) if you qualify for a DCF.
Direct Consular Filing is the same as the CR-1 or IR-1 Visa. You use the same forms - mainly the I-130 petition form - and you get the same immigrant visa / lawful permanent resident status in the end. The difference is the visa petition is filed directly with tue U.D. embassy, instead of the USCIS. This makes the green card process a lot faster. - 5). Tourist Visa (Visitor Visa)
Get married on a Tourist Visa if you went on vacation in the U.S. and later made an unexpected decision to marry a U.S. citizen or lawful permanent resident. After marriage, one can apply for Adjustment of Status, much like one who comes on a K1 fiance visa.
The tourist visa option can also be used by those who want to marry in the United States but don't intend to live there permanently (.e. apply for a green card after marriage). - 6). MEET THE REQUIREMENTS AND APPLY FOR THE GREEN CARD MARRIAGE VISA
K1 Fiance Visa
Make sure the foreign fiance(e) is outside the United States. If he or she is in the U.S., he or she must leave the country and wait out the visa process where he or she from. Let the U.S. citizen file a fiance visa petition within the U.S. After the fiance visa is approved and obtained, the alien may travel to the U.S., where the couple must marry within 90 days of his or her arrival. Apply the alien for Adjustment of Status after marriage, to get a green card. - 7). CR-1 or IR-1 Spouse Visa
Make sure the applicant is outside of the U.S. The U.S. citizen must file the visa petition with a U.S. return address and proof of domicile, whether or not he or she is in the U.S. or visiting with the foreign spouse. The applicant must attend an interview in his or her country of residence. After getting the visa, he or she enters the U.S. and becomes a lawful permanent resident. - 8). K3 Spouse Visa
The applicant stays outside the U.S. until a K3 is issued. He or she will attend an interview where the marriage took place. Since a K3 Spouse Visa also has a CR-1 or IR-1 Immigrant Visa application tied to it, the applicant might be able to abandon the K3 if the immigrant visa is processed first. Inquire with an immigration attorney if you're unsure what to do. - 9). Direct Consular Filing
Submit your application to the embassy in the country where you are living together. Prove you have U.S. domicile and means to support yourselves financially. Your visa application will finish sooner than other visa types. Travel to the US together after being granted a visa at the interview. He or she will have a green card. - 10
Tourist Visa
Consult an immigration lawyer. Get legal counsel to help you decide the best way to marry and get a green card for the alien fiancee. Tourists can apply for an adjustment of status after marriage, even on an expired visa. But those who entered the U.S. illegally generally can't do so. Also, if you plan to marry on a tourist visa so you can get a green card and stay in the U.S., you could be accused for fraud later on. Ask your lawyer what your options are, depending on your situation.
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