Falling in love with someone from another country can be exciting and life-changing—but it can also raise a lot of legal questions. If you’re a U.S. citizen or lawful permanent resident and want to bring your partner to live with you in the United States, you’ll need to go through the immigration process the right way.
At The Law Offices of James A. Welcome, we help couples every day who are navigating the complex process of marriage-based immigration. Whether you’ve just gotten engaged or you’re already married abroad, here’s what you need to know—and what to avoid—when bringing your loved one to the U.S.
Step 1: Know Your Options
There are two primary legal paths for bringing a fiancé(e) or spouse to the U.S.:
– Fiancé(e) Visa (K-1)
If you’re a U.S. citizen and your partner is living abroad, you may be eligible to file for a K-1 visa, which allows your fiancé(e) to enter the U.S. so that you can get married within 90 days. After the marriage, your partner can apply for a green card (adjustment of status).
– Marriage Visa (CR-1 or IR-1)
If you’re already married to your partner, you may file for a marriage-based immigrant visa, which allows your spouse to enter the U.S. as a permanent resident. This process usually takes longer but allows your spouse to receive a green card upon arrival.
Step 2: File the Right Petition
Once you choose the correct path, you’ll need to file a petition with U.S. Citizenship and Immigration Services (USCIS):
– For fiancé(e)s: Form I-129F
– For spouses: Form I-130
You’ll need to prove your relationship is real—not just a marriage for immigration purposes. Evidence can include photos, travel records, text messages, and affidavits from friends or family who know about your relationship.
Step 3: Prepare for the Visa Process
Once USCIS approves your petition, the application is sent to the National Visa Center and then to the U.S. embassy or consulate in your partner’s country. Your partner will attend a visa interview and must provide additional documentation, including:
– Birth certificate
– Passport
– Police certificates
– Medical exam results
– Evidence of the relationship
Step 4: Enter the U.S. and Apply for a Green Card
For fiancé(e) visas, once your partner enters the U.S. and you get married within 90 days, you must file Form I-485 (Application to Adjust Status). For spouses coming in on an immigrant visa, a green card is typically issued shortly after arrival.
What You Should NOT Do
Bringing someone to the U.S. involves careful legal steps. Avoiding common mistakes can prevent delays or even denials:
– Don’t misrepresent your relationship: Lying to immigration officials is a serious offense and could result in being permanently barred from the U.S.
– Don’t marry on a tourist visa: Marrying someone who entered the U.S. on a tourist visa and then applying for a green card can raise red flags and lead to legal issues.
– Don’t file without preparation: Missing paperwork or inconsistent information can cause delays or denials. Always consult with an immigration attorney before filing.
– Don’t assume faster is better: Each case is different. What worked for someone else may not be best for your situation. Rushed or poorly handled filings can backfire.
Common Questions We Get About Marriage-Based Immigration
As immigration attorneys with over 20 years of experience, here are some of the most frequent questions we hear from clients:
1. How long does the process take?
– Fiancé(e) visa: 9–14 months on average
– Marriage-based visa: 12–18 months
Timelines can vary based on processing times and background checks.
2. Can my partner work in the U.S. during the process?
– Fiancé(e)s can apply for work authorization after arriving and marrying.
– Spouses with a green card can work immediately after arrival.
3. Do we have to live together first?
– No, but proving a genuine relationship is essential. If you haven’t lived together, you’ll need to provide other strong evidence of your connection.
4. What if I’m a green card holder—not a U.S. citizen?
– You can still file for your spouse, but the wait time is usually longer than for citizens. Fiancé(e) visas are only available to U.S. citizens.
5. What if we’re same-sex partners or met online?
– Same-sex couples are treated the same under U.S. immigration law.
– Online relationships are acceptable but may require stronger proof of authenticity.
Common Delays in the Process and How to Avoid Them
Marriage-based immigration can be life-changing, but it’s also a process filled with documentation, deadlines, and interviews. Delays are unfortunately common—but many of them are preventable. Here are some of the top causes of slowdowns and how to stay ahead of them:
– Incomplete Applications: One of the most frequent reasons for delays is missing or inaccurate information on immigration forms. Double-check every section before submitting and include all required supporting documents.
– Insufficient Evidence of Relationship: USCIS needs to be convinced that your relationship is genuine. Failing to provide enough photos, correspondence, or shared financial records can lead to requests for additional evidence (RFEs), which can add months to your case.
– Missing Deadlines: Whether it’s failing to respond to an RFE on time or not attending your scheduled biometrics appointment, missing key deadlines can set your case back significantly or even cause a denial.
– Background Check Complications: If either partner has prior immigration issues or criminal history, the government may conduct deeper reviews, slowing things down. Disclose everything to your attorney upfront so they can help you navigate potential problems.
– Backlogs at USCIS or the Embassy: Some delays are out of your hands. Government agencies can experience backlogs, especially during policy changes or global emergencies. Still, being prepared and responsive helps reduce your timeline.
Working with an experienced immigration attorney can prevent many of these delays and give your case the strongest possible foundation from the beginning.
Why Working With an Immigration Attorney Matters
At The Law Offices of James A. Welcome, we know that every love story is unique—but the immigration system can be unforgiving. One mistake or oversight can cost you months, thousands of dollars, and potentially your future together.
We help clients by:
– Filing all required paperwork properly and on time
– Preparing you and your partner for interviews
– Helping you gather the right evidence
– Guiding you through delays or requests for more information
– Representing you if complications arise
Our team offers services in English, Spanish, and Portuguese, and we are proud to help couples across Connecticut and beyond bring their loved ones home.
In Love? Start Smart.
At The Law Offices of James A. Welcome, we believe love should never be delayed by red tape. If you’ve found your partner abroad and are ready to take the next legal step to build a life together in the U.S., we’re here to make the process as smooth and successful as possible.
Our legal team brings over two decades of experience helping clients throughout Connecticut with marriage-based petitions, adjustment of status, fiancé(e) visas, and more. We don’t just handle paperwork—we walk with you every step of the way, providing clarity, peace of mind, and trusted representation.
We understand how stressful this process can be, especially when you’re already balancing long-distance relationships, travel expenses, and uncertain timelines. That’s why we focus on giving each case the personal attention it deserves. No two love stories are the same, and your immigration strategy shouldn’t be either.
Let us help you start this chapter with confidence. Call us at (203) 753-7300 to schedule your consultation.
We proudly serve clients across Connecticut, with offices in Danbury, Waterbury, Hartford, Bridgeport, and Norwalk, and we offer services in English, Spanish, and Portuguese.