Love has little mind for national borders or immigration policy. For one reason or another, many U.S. citizens and lawful permanent residents find themselves split up from their spouse or fiance, with one in the U.S. and the other in a foreign country. In order to reunite these bonded pairs, the U.S. Center for Immigration Services administers marriage visas.
A spouse visa is a legal document that allows the spouse or fiance of a U.S. citizen or lawful permanent resident to enter and remain in the United States. There are two main marriage visas: a Form I-130 and a Form I-129F visa.
The Form I-130 is a Petition for Alien Relative. This form is used to bring over a spouse who is not a U.S. citizen. If the couple is not yet married, they will have to file a Form I-129 Petition for Alien Fiance which brings the fiance over with the assumption that a marriage will occur imminently after the visa is granted.
The filing fee for submitting a Form I-130 or I-129F is $535. This does not include the costs to procure the necessary documents, nor the cost of any legal representation that may be retained in order to ensure the application has the best possible chance of being accepted.
The processing time for a Form I-130 Petition for Alien Relative is approximately 46 weeks. The processing time for a Form I-129F Petition for Alien Fiance is approximately 62 weeks. This does not include the time that it takes to gather and submit the necessary documents for the application process.
A Form I-130 can be filed by any U.S. citizen married to a foreign spouse. A Form I-129F can be filed by any U.S. citizen with a foreign fiance. A U.S. citizen or Lawful Permanent Resident can file a Form I-130 Petition for Alien Relative.