US Spouse Immigration

You do not need to apply for a fiance spouse visa, if:

  • Intended to marry a foreigner (other than the American), or
  • Your unmarried spouse has legally resided in the United States.

Qualification requirements must indicate:
1. The applicant is a US citizen.
2. The applicants unmarried spouse marries within 90 days of entering the United States.
3. The unmarried spouse of the applicant and the applicant is free to marry, and any previous marriage must be terminated due to divorce, death or marriage.

Once an unmarried spouse visa (or K-1 non-immigrant visa) is issued, your unmarried spouse will be allowed to enter the United States within 90 days of marriage. After you get married, your spouse can apply for permanent residency and stay in the US when the USCIS processes the application.

Unmarried spouse children:
If the applicant’s unmarried spouse has children (below 21 and unmarried) Can apply for a K 2 non-immigrant visa.

Work Permit:
After entering the country, your unmarried spouse can apply for a work permit immediately. A work authorization based on a non-immigrant unmarried couple visa is valid for 90 days. If your unmarried spouse is eligible to apply for an extension of work authorization, you can apply for permanent residence at the same time.

What happens if we don’t get married in 90 days?
Will automatically expire, cannot be extended. The applicants unmarried spouse should leave the United States at the end of 90 days.
If the applicants unmarried spouse is overstayed, it will violate US immigration laws and may result in deportation and/or affecting future immigration status in the United States.
To promote family unity, immigration laws allow US citizens to apply for certain eligible relatives to live permanently in the United States.

Eligible immediate family members including US citizens:
1. Spouse
2. Unmarried children under the age of 21
3. Parents (if US citizens are 21 or older)
4. Immediate family members have special immigration priorities and do not need to wait for visa numbers to immigrate; there is no upper limit for the number of visas for this particular category.


If the applicant is currently outside the United States and is an immediate family member of a US citizen, he or she can become a permanent resident through consular processing. Then, with this visa, you can become a permanent resident after entering the US port. The State Council will issue a notice when eligible to apply for an immigrant visa. If you cannot apply for an immigrant visa within one year of the State Councils notice, the application may be terminated.

21 years old or older
When a child of an immediate family member of a US citizen turns 21 or older, he or she will usually become a “first priority” US citizen (F1) child (over 21 years of age) and will no longer have a visa that is immediately available. This change can lead to significant delays in visa processing as there is a need to wait for an immigrant visa vacancy. Child identity protection law In some cases, the Child Protection Act (CSPA) allows you to retain your “child” status even if you are 21 years of age or older. Generally, your age will be “frozen” on the date the US citizen’s parents submit their application. To determine if CSPA is right for you, please see the Child Protection Act page.

If you are directly married to your son or daughter at the age of 21, he or she will no longer be classified as an “immediate relative” and will become the “third priority” (F3). The son or daughter of the marriage category is a US citizen and visa. Visa will no longer be available immediately. You must notify us of any changes to your marital status after you apply and become a permanent resident or obtain an immigrant visa.


To promote family unity, the Immigration Act allows permanent residents of the United States (green card holders) to apply for certain eligible relatives to live permanently in the United States. Permanent residents can apply for a spouse and unmarried children of any age to immigrate to the United States. Since Congress limits the number of immigrant relatives per year under these categories, it is usually necessary to wait for the immigration visa number. If your family relationship makes you eligible to become a permanent resident of the United States, you are a family priority category.
If you are currently outside the United States and are eligible for a permanent residents designated relatives category, you can become a permanent resident through consular processing. The US State Department will issue you a visa during this process. If approved, you can use this visa to formally become a permanent resident when entering the US gateway.

21 years old or older
If you are a non-married child of a permanent resident, the age of 21 may delay the process of becoming permanent resident or obtaining an immigrant visa. You will lose the fairy permanent resident unmarried child (F2A) qualification and will be converted to the category of unmarried son or daughters legal permanent resident (F2B). Changes to this category may result in significant delays in your immigrant visa.

If you are an unmarried son or daughter of a permanent resident and you marry before becoming a permanent resident, you will no longer be eligible for permanent residency through your permanent resident family member; there is no visa category for married children of permanent residents.

Note: You must notify us of any changes to your marital status after you submit your application and become a permanent resident or obtain immigrant visa.

If you are planning to marry a foreign citizen outside the United States or a fiance (wife) has legally resided in the United States, you do not need a document for a fiance (wife) visa.

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