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Termination of All Previous Marriages

U.S. law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.

Conditional Residence

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR (conditional resident) visa, not an IR (immediate relative) visa.

You and your spouse must apply together to the Department of Homeland Security's Bureau of Citizenship and Immigration Services (BCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

Marriage to Foreign Nationals

Spouse and Fiance(e) of an American Citizen

Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:
• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
• Nonimmigrant visa for spouse (K-3)- Two petitions are required:
- Petition for Alien Relative, Form 1-130; and
- Petition for Alien Fiance(e), Form I-129F
It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place. After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.
Fiance(e) - If you are an American citizen, you may bring your fiance(e) to the United States to marry and live here.
• Nonimmigrant visa for fiance(e) (K-1) - To travel to the United States for marriage. An
I-129F fiance(e) petition is required.

Nonimmigrant Visa for a Spouse (K-3)

Spouse of American Citizen (K-3)
Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.
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