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Right here at Antonini & Cohen Immigration Regulation Group, we’re commonly requested to clarify the distinction between a fiancé petition and a partner petition when somebody has married whereas overseas or plans to marry a person who’s exterior of the US. Earlier than going into extra element it’s useful to know that solely U.S. residents can petition for a fiancé, whereas each U.S. residents and Everlasting Residents can file for a partner. As a U.S. citizen, selecting which to file will rely in your circumstances:
Submitting a fiancé petition
The fiancé petition is filed on a Kind I-129F and is used when the long run partner (the non-citizen) is exterior the US. First, the U.S. citizen recordsdata the shape with U.S. Citizenship and Immigration Companies (USCIS). As soon as it’s granted, the appliance is distributed to the U.S. State Division for scheduling of an interview on the overseas consulate within the non-citizen nation of origin.
The overseas consulate will then conduct an interview and resolve whether or not a fiancé visa might be issued. The fiancé visa is a non-immigrant visa, which allows entry to the US for a restricted time period. The visa recipient then has 90 days from entry to marry the U.S. citizen who petitioned for them. As soon as married, the non-citizen recordsdata for a inexperienced card. This feature is mostly most well-liked when the couple has not but married and hopes to marry in the US.
Submitting a partner petition
Spousal petitions are choices when the non-citizen partner stays overseas after marriage. A U.S. citizen can select between a non-immigrant K3 spousal visa or an immigrant visa.
A K3 visa is obtained by submitting Kind I-129F and attending a consular interview on the overseas consulate. It’s a non-immigrant visa, which allows entry to the US in order that the non-citizen partner can file for a inexperienced card upon arrival in the US.
In distinction, the immigrant visa course of permits the non-citizen partner to enter as a everlasting resident. This course of is called a wedding primarily based household petition and requires submitting of Kind I-130 with USCIS. As soon as permitted, this petition is forwarded to the U.S. State Division for an interview on the overseas consulate. If permitted, the non-citizen receives an immigrant visa and enters as a lawful everlasting resident.
We’re right here that can assist you navigate your choices, perceive these variations and aid you select the best choice for your loved ones. Go to us on-line or name us at (404) 850-9394 to schedule your session.
Marshall Cohen
Marshall Cohen is likely one of the founding principals of Antonini & Cohen. Admitted to the Georgia Bar in 1989, he has practiced immigration legislation solely for over 30 years. Mr. Cohen practices all areas of immigration legislation together with household and employment circumstances, momentary and everlasting visas, naturalization, deportation protection, and federal litigation.
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