Spouse & Fiancé Immigration: Inside & Outside the U.S.

At Shah & Kishore, we understand that family reunification is one of the most meaningful aspects of immigration law. Whether you’re seeking to bring a fiancé or spouse to the United States or help them adjust status from within, our firm offers strategic, compassionate, and results-driven legal guidance tailored to your unique situation.

In today’s immigration climate, marriage-based cases are under intense scrutiny for fraud. U.S. Citizenship and Immigration Services (USCIS) and consular officers carefully examine whether the marriage is bona fide a genuine relationship based on love and shared life goals, not solely for immigration benefits. Our firm has decades of experience preparing comprehensive evidence packages, including joint financial records, photographs, affidavits, and travel history, to demonstrate the authenticity of your relationship.

It’s also critical to understand that individuals who enter the U.S. on temporary visas such as visitor (B-2) or student (F-1) visas and marry a U.S. citizen shortly after arrival may be accused of visa fraud if they had a preconceived intent to marry and remain in the U.S. permanently. Misrepresenting one’s intent at the time of entry can result in denial of immigration benefits and even removal proceedings. This is why having an experienced immigration attorney is essential to ensure your case is properly documented, legally sound, and prepared to withstand government scrutiny.

Another key requirement in both fiancé and marriage-based green card cases is the Affidavit of Support (Form I-864). This legal document, signed by the sponsoring U.S. citizen or permanent resident, demonstrates the financial ability to support the immigrant spouse or fiancé and prevent them from becoming a public charge. The sponsor must meet specific income thresholds, typically 125% of the Federal Poverty Guidelines, and provide supporting financial documentation.

Depending on your specific circumstances whether you’re a U.S. citizen or a lawful permanent resident, and whether your spouse or fiancé is inside or outside the United States there are multiple pathways to bring your loved one to the U.S. or help them adjust status. Below, we outline the key options available and how our firm can help you choose the best strategy for your family.

Fiancé (K-1) Visa – For Fiancés Outside the U.S.

Eligibility: U.S. citizens may petition for a foreign fiancé to enter the U.S. for marriage.

• Process:
  • File Form I-129F.
  • Upon approval, fiancé enters the U.S. on a K-1 visa.
  • Must marry within 90 days of arrival.
  • File Form I-485 for Adjustment of Status.
• Current Processing Time: ~8–11 months for I-129F.

Spouse – Inside the U.S. (Adjustment of Status)

Eligibility: Spouse must be in the U.S. on a valid visa.

• U.S. Citizens:
  • File Form I-130 and Form I-485 concurrently.
  • No wait for visa availability immediate relative category.
• Permanent Residents:
  • File Form I-130 first.
  • File Form I-485 only when priority date is current under the F2A category.

Important: If the priority date is not current, your spouse must maintain lawful status (e.g., student, work visa) to remain in the U.S. until eligible to adjust status.

• Benefits of Adjustment of Status:
  • Employment Authorization Document (EAD): Allows legal work while waiting for green card.
  • Advance Parole (AP): Permits travel abroad and re-entry without a visa.
  • These are typically issued as a combo card within 2–6 months of filing.
• Current Processing Times:
  • Form I-130: ~14.5 months (U.S. citizen), ~35 months (green card holder).
  • Form I-485: ~8.2 months.
  • EAD/AP: ~2–6 months.

Spouse – Outside the U.S. (Consular Processing)

• File Form I-130.
• Once approved and priority date is current, spouse applies for an immigrant visa at a U.S. consulate.
• Upon entry, spouse becomes a lawful permanent resident.

Hybrid K-3/K-4 Visa – For Spouses Abroad

• File Form I-130 and Form I-129F together.
• If approved, spouse enters on a K-3 visa; children on K-4.
• Once in the U.S., file Form I-485 for Adjustment of Status.

Note: K-3/K-4 visas are rarely issued today due to similar processing times for I-130 and I-129F.

Timing: U.S. Citizen vs. Permanent Resident

• U.S. Citizens:
  • Spouses are immediate relatives no visa wait.
  • Faster green card processing.
• Permanent Residents:
  • Spouses fall under F2A category.
  • Subject to visa bulletin wait times.
  • As of October 2025:
    • Final Action Date: February 1, 2024
    • Dates for Filing: September 22, 2025