A US Citizen usually has to fully understand (1) how to get married abroad or domestically and (2) the immigration options/processes. This post builds a guide to the most common topics and questions, BUT be specific for a Malaysian Spouse or Fiance.
First, what are the two Immigrant Visa Options:
Second, how to get married in Malaysia? The US Embassy gives the following guidance: https://my.usembassy.gov/marriage/ However, a Virtual Marriage may also be a viable possibility: /immigration/virtual-utah-marriage-alternative-to-a-proxy-marriage-for-immigration-purposes/
Now, The following are drop-down sections to help you more easily navigate and find what you are looking for:
Our office has an Immigration Checklist that will help aid you in identifying the mandatory items USCIS and the NVC will need according to your specific case and stage: /immigration/immigration-checklist-what-our-law-office-generally-recommends/
However, there are three other important documents types that MUST get special attention:
Click here to see further guidance on the I-129F Fiance Petition relationship proof: /immigration/k-1-fiance-visa/i-129f-fiance-visa-how-to-prove-your-relationship-to-uscis/
Click here to see further guidance on the I-130 Spousal Petition relationship proof: /immigration/adjustment-of-status/joint-bona-fide-documents-how-to-start-meeting-the-uscis-i-130-evidence-requirement-for-a-marriage/
In a nutshell, the US Government needs to review the past 3 years of income, and confirm the past and current income is over the Federal Poverty Level Guideline (link to the guideline found here: https://www.uscis.gov/i-864p ). The Government will normally require:
Since everyone’s income situation may be different, the following links do a much deeper dive into needed financial documents:
The US Embassy in Kuala Lumpur Malaysia provides this Checklist on items that must be provided: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/KLL-Kuala-Lumpur.html
The US Embassy in Kuala Lumpur Malaysia provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/KLL-Kuala-Lumpur.html
Issuing Authority: National Registration Department by Peninsular, Sabah and Sarawak
Procedure for Obtaining: Complete form JPN.LM01 or by visiting: https://www.malaysia.gov.my/portal/content/30260
Alternate Documents: Extract of birth certificate or Certificate of Registration of Birth
First, the Police Certificate is ONLY VALID FOR 1 YEAR. The certificate can be called: Malaysian Certificate of Good Conduct. Please see the following information:
Fee:
RM20:00
Issuing Authority:
Consular Division Ministry of Foreign Affairs, Putrajaya/ Sarawak Regional Office Ministry of Foreign Affairs, Kuching and Sabah Regional Office Ministry of Foreign Affairs, Kota Kinabalu
Registration Criteria: Both Malaysians and non-Malaysians who have resided in Malaysia for a period of more than one year may apply for a Malaysian certificate of good conduct. The application form for the Malaysian Certificate of Good Conduct, as well as the addresses and telephone numbers of Malaysian Missions abroad, are available here: https://ekonsular.kln.gov.my/login
Processing Time: Processing time for the certificate is one to two months from the date of submission.
Please read the following blog post that will explain how you can locate the USCIS Tool to see up-to-date processing times in your specific jurisdiction. /immigration/how-do-i-check-uscis-processing-times/
Every Immigrant Visa, regardless is K1 or IR1 or CR1, MUST receive an immigrant medical.
The Medical can ONLY be completed AFTER INSTRUCTED by the Embassy, either instructed by an Email from the Embassy Officer or by the interview being Scheduled.
The Medical MUST be completed PRIOR to an immigrant visa interview, it is a mandatory requirement. If the medical cannot be performed in time, the Embassy would give more guidance about:
Sample Email from the Embassy:
The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow a Malaysian spouse to immigrate to the United States.
The process involves 2 Main Stages.
For a more detailed overview of this type of filing and what it entails please refer to the steps below:
Government Cost: $1200
Average Processing Time (2022 Estimate): 18-30 months (with the bulk of processing time spent in the I-130 Petition)
When the couple has been married for less than 2 years at time of interview, then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751 thereafter. ( More information found here ) If the marriage is more than 2 years at time of interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.
The Fiancee Visa has 3 Stages:
The intention of Stage 1 of the process is to recognize the relationship and confirm the eligibility of the petitioner. Stage 2 is intended to confirm that there will be is no marriage fraud and re-confirms eligibility. Stage 3 confirms the marriage occurred after entry on the K1 Visa and that the marriage is for love.
Below is a template our office has created to assist:
The processing times for the I-129F petition can be found here, just select the service center the filing is located at (which that info is generally found on the filing’s Receipt Notice): /immigration/how-do-i-check-uscis-processing-times/
The above link can assist in finding the current processing time, the difference is that you would select the local USCIS Field Office, versus a USCIS Service Center. The I-485 filing (based on marriage) generally requires an interview at a local field office.
If you require assistance with the Spousal or Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.
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