Immigrant Visas

Immigrant Visas for Spouse and/or Minor Children of U.S. Citizens

Processing Times

The Immigration and Nationality Act provides U.S. Citizens with two options for the immigration of spouses and future spouses: the K-1 fiancé visa and the alien-spouse immigrant visa.  The processing time for a fiancé visa is frequently shorter than for an alien spouse.  Fiancé visa processing can take several months from the filing of the petition to the final adjudication of the visa.  Total processing time for the alien-spouse visas for petitions filed in the U.S. can take 6-12 months depending on individual circumstances.

Marriage In the United States: Fiancé Visa

U.S. Citizens may file an I-129F petition with U.S. Citizenship and Immigration Services (USCIS) for the issuance of a K-1 visa to an alien fiancé who is residing abroad.  To file an I-129F petition, the U.S. Citizen and alien must have met personally at least once in the two years before the petition was filed.  Unmarried children under 21 of the alien fiancé are eligible for K-2 visas.

The couple must remain unmarried until the alien fiancé arrives in the U.S.  The wedding must take place within three months of the arrival in order for the alien to maintain legal status in the U.S. If your alien fiancé is already in the U.S., contact the USCIS.

Legal Permanent Residents may not file petitions for fiancé visas. They must marry abroad and then file an I-130 petition for the immigration of their spouse.

Marriage Abroad: Alien-Spouse Visa

If a U.S. Citizen marries an alien abroad, an I-130 petition must be filed after the marriage to begin the immigration process for the alien spouse.  The U.S. Citizen must file the I-130 petition with the USCIS office in the U.S. where he or she resides.  Only if the U.S. Citizen was a legal resident of Nicaragua for at least six continious months before the marriage and his or her spouse is a resident of Nicaragua may the U.S. Citizen file the I-130 petition at the U.S. Embassy in Managua.