Family-based immigration

• If you are a U.S. citizen and intend to marry
  (or if you are a foreign national and intend to marry a U.S. citizen)
• If you are a U.S. citizen and already married
  (or if you are a foreign national and already married to a U.S. citizen)
• If you are a lawful permanent resident of the U.S. and intend to marry
  (or if you are a foreign national and intend to marry a lawful permanent resident of the U.S.)
• If you are a lawful permanent resident of the U.S. and already married
  (or if you are a foreign national and already married to a lawful permanent resident of the U.S.)

If you are a U.S. citizen and intend to marry a foreign national, there are two major visas that concern you:

Fiancé(e) Visa (K-1)

If you would like to bring your fiancé(e) to the U.S. to be married, you will be interested in the fiancé(e) visa (K-1), and you should see Bringing My Fiancé(e) to Marry in the U.S.The fiancé(e) visa is a nonimmigrant (temporary) visa, and after the wedding (assuming that your new spouse wants to remain to live in the U.S. permanently), your new spouse may apply to adjust to permanent resident status (see Becoming a Permanent Resident (Immigrant) While in the U.S.).

Immigrant Visa

If you plan to marry outside of the U.S., you will be interested in applying for an immigrant visa for your new spouse (assuming that your new spouse wants to come to live in the U.S. permanently), and you should see Bringing My Spouse to Live in the U.S.

Prior to departure from the U.S., it is a good idea for you to contact your nearest USCIS District Office or Sub Office (or the USCIS toll-free information service at 1-800-375-5283) or the appropriate U.S. Embassy or Consulate abroad to determine exactly what documents will be necessary for your specific situation.

If you are a U.S. citizen and already married to a nonresident foreign national, and your spouse wants to be able to live and work in the U.S. permanently:

• If your spouse is already in the United States and did not enter on a fiancé(e) visa, you will need to file an immigrant visa petition. See Bringing My Spouse to Live in the U.S.
• If your spouse is not in the U.S., you will need to file an immigrant visa petition. See Bringing My Spouse to Live in the U.S.
• If your spouse is already in the United States and entered on a fiancé(e) visa, your new spouse may adjust to permanent resident status (note that the fiancé(e) visa is a nonimmigrant visa valid only for 90 days from when you enter the U.S.). For more details regarding fiancé(e) visas, see Bringing My Fiancé(e) to Marry in the U.S.

If you are a lawful permanent resident of the U.S. and intend to marry a non-U.S. citizen, you may not file a petition for a fiancé(e) visa, although you may petition for the immigration of your new spouse after the wedding (see Bringing My Spouse to Live in the U.S.)

If you are a lawful permanent resident of the U.S. and already married to a non-U.S. citizen, you may petition for the immigration of your spouse. See Bringing My Spouse to Live in the U.S.

In any case, if you have been married less than two years when your spouse is approved for permanent residence, your spouse will receive conditional permanent resident status. The permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. Your spouse must petition (apply) to remove the conditional status within 90 days of the second anniversary of receiving the status.