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There are several ways that foreign-born nationals can live and work in the United States. Some choose to use their employment or significant investment, while others go through their immediate family members or maybe seeking asylum. However, one valuable way to immigrate to the U.S. is through your fiance or spouse. Here, we’ll go over the major marriage visas and green cards and how you can apply for one. Dealing with marriage immigration can be overwhelming but it doesn’t have to be. VisaNation attorneys can take care of all of your worries and prepare your marriage application to the highest standard. Get started today!
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Before you can qualify for a marriage-based visa, you must be the spouse of a U.S. citizen or lawful permanent resident. According to the U.S. Department of State, “a spouse is a legally wedded wife or husband.” The following explanations further clarify what a spouse is and what it isn’t when it comes to the immigration application process:
Check out these popular Marriage-Based Green Card Interview Questions.
The nonimmigrant visas that have to do with marriage are found in the K category. These visas serve as temporary placeholders as you wait for your green card. The four categories in the K classification include:
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Get the Marriage Green Card
Fortunately, foreign aliens can apply for employment authorization documents (EAD) while under K status. Keep in mind that missing the 90-day mark for the wedding date, you will violate your K-1 or K-2 status. Similarly, if you get divorced or have your marriage annulled, then the K-3 and K-4 statuses will be void. In these cases, the foreign fiance, spouse, or children must depart the U.S. or be considered “out of status”.
For the K-1 and K-2 visas, the U.S. citizen sponsor needs to file an I-129F petition for their foreign fiancé(e). The fiancé(e) is not able to petition for his or her self. If the petition is approved, the fiancé(e) will need to go to the U.S. Consulate or Embassy located in his or her home country. There, they will need to participate in a one-on-one interview with a consular officer to ensure that your relationship is legitimate.
If you pass the interview, then the fiancé(e) will be given their K-1 visa along with any K-2 visas necessary for accompanying children. When the U.S. citizen sponsor and the foreign fiancé(e) have gotten married, the sponsor can then immediately file an I-130 for a marriage-based green card.
For the K-3 and K-4 visas, the I-129F petition can only be filed after the I-130 has been filed on behalf of the immigrant spouse. Additionally, you do not need to file a separate petition for the K-4 dependents. If you don’t know where to start and want professional legal help with your application, which will increase your chances of approval – VisaNation is here to help. Get started today!
For foreign-born spouses to live and work permanently in the U.S., the marriage-based green card is required. The nonimmigrant visas listed above are only temporary placeholders as you wait for the green card to be approved. To file, the U.S. citizen sponsor must submit an I-130 petition with the USCIS and wait for the approval. Fortunately, even if the wait is long, your fiancé(e) or spouse will be able to stay in the U.S. under the K-1 or K-3 visa. Additionally, he or she will be able to work through an EAD card. Speak with your immigration attorney to make the transition as smooth as possible.
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It’s Time to Reunite with Your Spouse in the U.S.
While a marriage-based green card is one of the most common ways to become a U.S. permanent resident, it still requires a complicated process that has several stages involving both the petitioner and the beneficiary. They are as follows:
The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS).
The purpose of this form is to request the agency’s approval to allow your spouse to live in the U.S. as a permanent resident. It also provides you with the opportunity to prove that you have a valid marriage, which is the basis of any marriage-based petition.
To validate your marriage to USCIS, you will need to provide various items that demonstrate a husband-wife relationship, chief among them being your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank account, family pictures, and related evidence will also help prove your case.
There are numerous forms to submit in marriage immigration along with different documents that you must provide depending on your background. Any mistakes or errors can easily delay the processing of your application and your arrival in the U.S. VisaNation attorneys helped thousands of families to reunite in the U.S. Get started today!
The I-130 petition must be submitted with the following
After the approval of your I-130 petition, USCIS will forward the case file to the National Visa Center (NVC) for processing. The NVC will assign you a case number and give instructions on how to complete Form DS-261, the Choice of Address and Agent form. You will also be notified of the appropriate fees for the application. Once the payment has been made, the NVC will ask you to submit the necessary immigrant visa supporting documents, including the affidavit of support, civil documents, and application forms.
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It’s Never Been Easier to Get the Marriage Visa
Generally, you will need to submit the following items for your NVC processing:
After providing all the required documents, the NVC will schedule you for an interview appointment. They will also send a file containing your petition and documents to the U.S. embassy or consulate where your interview will take place. You will then be notified of the visa interview date and time as well as how to schedule a medical exam.
On the date of the interview, you will need to be at the embassy 15 to 30 minutes before the scheduled time. You must also bring your passport as well as other required documents. During the interview process, you will undergo an ink-free, digital fingerprint scan before meeting a consular officer who will interview you. After the interview, you will know if you have been approved or denied.
If you are granted a visa after the interview, you will be able to use the visa to travel to a U.S. port of entry. Keep in mind that a visa is just a legal travel document; it doesn’t guarantee entry into the United States. U.S. Customs and Border Protection (CBP) officials have the prerogative to either permit or deny admission to the United States. If your request for entry is granted, you will be admitted as a permanent resident.
Once you have been admitted, your green card will be mailed to you within 120 days of entering the U.S. If after 120 days, you haven’t received your permanent green card, you can contact USCIS via this link.
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Simple and Fast Marriage Green Cards
If your spouse is already in the United States on a valid nonimmigrant status, the whole process can be completed through USCIS. After the approval of the I-130 petition, the beneficiary will need to file an Adjustment of Status Petition with USCIS using Form I-485.
If the petition is being sponsored by a U.S. citizen, then the I-485 adjustment of status can be filed concurrently (together) with the I-130. This is because you don’t have to wait for your priority date to become current, as a green card is always available for marriage-based green cards. Concurrently filing for a marriage-based green card can expedite the processing time for your petition. Whether concurrent or separate filings, once the I-485 petition is approved, you will be eligible to receive your green card.
Processing Fees for Marriage-Based Green Card
No one wants to be separated from their fiancé(e) or spouse, even for a short time during the immigration process. That’s why hiring an immigration attorney is essential for a successful and smooth immigration process. To ensure that you save both time and money, turn to experts you can trust.
VisaNation Law Group lawyers can handle everything concerning your marriage visa process. From filing the required petitions to preparing you for the consular interview, the dedicated team of experienced attorneys is always ready to help you and your spouse live happy lives in the U.S. Start your immigration journey today!
