An Overview of USCIS Processing Times and Forms

Fiancé Visa, Spouse Visa, and Marriage-Based Green Card Forms and Processing Times with the USCIS

If you’re looking to bring your fiancé, spouse, or married partner to the United States, there are several visa options available to you through the United States Citizenship and Immigration Services (USCIS). The processing times and forms for these visas vary depending on several factors such as the workload of the USCIS, the type of visa, and the complexity of your case.

Fiancé Visa (K-1 Visa)

The Fiancé Visa, also known as a K-1 Visa, is for individuals who are engaged to be married to a U.S. citizen. This visa allows the fiancé to enter the United States for 90 days to get married. After the marriage, the fiancé can apply for permanent residency through the Adjustment of Status process.

The following forms are required for a K-1 visa:

1. Form I-129F, Petition for Alien Fiancé(e) – This form is used by the U.S. citizen to petition for the K-1 visa for their fiancé.
2. Form I-134, Affidavit of Support – This form is used to demonstrate that the U.S. citizen can support the fiancé financially.
3. Evidence of a bona fide relationship – The U.S. citizen must provide evidence that the relationship between them and their fiancé is genuine and not solely for the purpose of obtaining a visa.
4. Passport-style photos – Two passport-style photos of the U.S. citizen and two of the fiancé are required.
5. Evidence of financial support – The U.S. citizen must provide evidence of their financial ability to support the fiancé during their stay in the United States.
6. Application fee – A non-refundable fee must be paid to the USCIS to cover the cost of processing the K-1 visa.

It’s important to note that additional forms and documents may be required, depending on the specific circumstances of the case. The USCIS website provides a complete list of forms and requirements for a K-1 visa.

The USCIS processing time for Fiance Visas can take anywhere from 8 to 16 months.  The time for processing varies based on which field office or service center the case is at.  California and Texas tend to have longer processing times than Nebraska, Potomac, and Vermont. However, it could take longer or shorter depending on the workload of the USCIS and the complexity of your case.

Spouse Visa (CR-1 or IR-1 Visa)

The Spouse Visa, also known as the CR-1 or IR-1 Visa, is for individuals who are married to a U.S. citizen. This visa allows the spouse to enter the United States and apply for permanent residency through the Adjustment of Status process.

The following forms are required for a CR-1 (Conditional Residence) or IR-1 (Immediate Relative) visa:

1. Form I-130, Petition for Alien Relative – This form is used by the U.S. citizen to petition for the CR-1 or IR-1 visa for their spouse.
2. Form I-864, Affidavit of Support – This form is used to demonstrate that the U.S. citizen can support the spouse financially.
3. Evidence of a bona fide relationship – The U.S. citizen must provide evidence that the relationship between them and their spouse is genuine and not solely for the purpose of obtaining a visa.
4. Marriage certificate – A copy of the marriage certificate must be provided to show the validity of the marriage.
5. Passport-style photos – Two passport-style photos of the U.S. citizen and two of the spouse are required.
6. Evidence of financial support – The U.S. citizen must provide evidence of their financial ability to support the spouse during their stay in the United States.
7. Application fee – A non-refundable fee must be paid to the USCIS to cover the cost of processing the CR-1 or IR-1 visa.

It’s important to note that additional forms and documents may be required, depending on the specific circumstances of the case. The USCIS website provides a complete list of forms and requirements for a CR-1 or IR-1 visa.

The USCIS processing time for Spouse Visas can take anywhere from 10 to 16 months. The time for processing varies based on which field office or service center the case is at. However, it could take longer or shorter depending on the workload of the USCIS and the complexity of your case.

Marriage-Based Green Card

The Marriage-Based Green Card is for individuals who are married to a U.S. citizen and are looking to obtain permanent residency in the United States. This process involves filing an I-130 petition and an Adjustment of Status application.

The following documents are required for a marriage-based green card:

1. Form I-130, Petition for Alien Relative – This form is used by the U.S. citizen to petition for the green card for their spouse.
2. Form I-485, Application to Register Permanent Residence or Adjust Status – This form is used by the spouse to apply for the green card.
3. Form I-864, Affidavit of Support – This form is used to demonstrate that the U.S. citizen can support the spouse financially.
4. Marriage certificate – A copy of the marriage certificate must be provided to show the validity of the marriage.
5. Passport-style photos – Two passport-style photos of the U.S. citizen and two of the spouse are required.
6. Evidence of financial support – The U.S. citizen must provide evidence of their financial ability to support the spouse during their stay in the United States.
7. Proof of the spouse’s identity and immigration status – The spouse must provide a copy of their passport, birth certificate, and any other immigration documents they have, such as a visa or Employment Authorization Document.
8. Evidence of the bona fide nature of the marriage – The U.S. citizen and spouse must provide evidence of the genuine nature of their relationship, such as joint bank accounts, joint property, and joint tax returns.
9. Application fee – A non-refundable fee must be paid to the USCIS to cover the cost of processing the marriage-based green card.

It’s important to note that additional forms and documents may be required, depending on the specific circumstances of the case. The USCIS website provides a complete list of forms and requirements for a marriage-based green card.

The processing time for a Marriage-Based Green Card varies, but on average, it takes about 12 to 27 months. However, it could take longer or shorter depending on the workload of the USCIS and the complexity of your case.

Bringing a fiancé, spouse, or married partner to the United States can be a long and complicated process, but it’s worth it in the end. The USCIS provides several visa options for individuals looking to bring their loved ones to the United States. The processing times for these visas vary depending on several factors, but on average, it takes about 8 to 13 months. If you’re looking to bring your loved one to the United States, it’s important to start the process as early as possible to ensure a smooth and successful outcome.