Is a finance visa the same as a green card?

This is a question that causes a lot of confusion. The answer is no. However, a fiance visa can quickly lead to a green card (permanent residency). A fiance visa (k-1 visa) enables a US Citizen to bring an overseas fiance to the United States so that the couple can get married. The marriage must take place within 90 days of the overseas fiance entering the United States.

If the marriage does not take place within 90 days, the fiance must leave the United States, and extensions are not granted to the k1 visa. The good news is once the marriage takes places within the 90 days, the overseas fiance can and should apply for a green card if the couple intends on living in the United States. Once the green card application is issued, it will be on a conditional basis for two years. After the two years is up and the couple is still married and together, the condition can be removed through application. If the couple is not married anymore it becomes very complicated. It seems straightforward enough, but frequently it is not.

It is well known that an overseas person marrying a US Citizen may qualify for a green card. Unfortunately, the United States Citizenship and Immigration Services knows that almost everyone knows and generally pays much closer attention to applications relating to fiance visas and spouse visas (k-3 visas), and marriage green cards. It becomes even more complicated if the couple is not together anymore. The purpose of the additional scrutiny to fiance visas, spouse visas, and marriage green cards is due to the governments concern of fraud. The government knows many couples applying for green cards through a marriage and fiance visa are solely for immigration status purposes and not for “love.” Consequently, even the most legitimate of relationships are scrutinized to determine if they really are marriages of love and not marriages of immigration purposes.

The worst case scenario is a legitimate marriage for love is denied and the couple is either required to live apart or move to another country. Less harsh consequences are an application may be substantially delayed due to additional scrutiny causing stress in the couples lives and in some cases forcing the couple to put their lives on hold. For these reasons, it is important to put your best case forward and show that your relationship and your marriage is for love. And it is just as important to put your best case forward the first time to save on reduce the risks of being delayed and put through significant amounts of stress.

Marriage and fiance visas are an excellent way to bring your loved one to this country. And if done right, it will ensure that your next holiday season will be spent with your loved ones

Gerald Cipolla & Associates specialize in immigration attorney chicago and H1b visa services.