adminThough getting a visa based on marriage might be difficult, marriage is among the most emotional and frequent methods to join your loved one in the United States.
If you are a U.S. citizen or permanent resident wanting to bring your husband or fiancé to the U.S., knowing the many visa possibilities, how they operate, and which one fits your circumstances is vital.
This post will cover five distinct methods of obtaining a U.S. visa by marriage, hence clarifying each kind of visa, the step-by-step procedure involved, and possible obstacles you might encounter.
The correct visa can assist pave the road to your life together in the United States whether you are engaged to a U.S. citizen, already married to them, or want to combine with a U.S. permanent resident.
1. Spouse Visa
If a foreign spouse is married to a U.S. citizen or permanent resident, one of the most typical methods to bring them to the U.S. is via a Marriage-Based Immigrant Visa. This visa lets the spouse get a green card and permanently reside in the United States.
Though it takes several months to finish, the procedure goes straight to permanent residence, which is a great step toward citizenship.
Its Operation:
The first stage is for the U.S. citizen or permanent resident spouse to submit a Form I-130 (Petition for Alien Relative) to U.S. Citizenship and Immigration Services (USCIS).
This form serves to validate the authenticity of the marital connection. The petition can be submitted from inside the United States—if the U.S. citizen spouse is already in the nation—or from overseas if the U.S. citizen lives outside the country.
Step 2: The I-130 petition is sent to the National Visa Center (NVC) once USCIS approves it; the NVC will gather further paperwork and fees before the foreign spouse may be booked for an interview at the U.S. embassy or consulate in their native country.
Step 3: The foreign spouse has to go to a U.S. consulate for an interview during which they will provide further documentation including medical tests, police certifications, and verification of the legitimacy of the marriage.
Should the interview go well, the foreign spouse will be given an immigrant visa allowing them to enter the United States. They will get a green card and become permanent resident after they get in the United States.
Advantages:
Permanent Residency: The foreign spouse is given permanent residency upon arriving in the U.S., qualifying them for perks including the right to work, travel, and seek U.S. citizenship after fulfilling residency criteria.
Path to Citizenship: The spouse may seek U.S. citizenship after a few years of permanent residency—usually three years if married to a U.S. citizen.
Family-Based: Should the foreign spouse have children, they may also be part of the immigration procedure, hence facilitating the reunion with relatives.
Drawbacks:
Depending on the nation of origin and consulate processing periods, the procedure might last anywhere from 12 months to 2 years or more. Interviews in some nations take a lengthy time.
The pair had to already be lawfully married before applying for this visa. Should you not yet be married, you might wish to look at alternative visa possibilities.
The procedure entails a lot of paperwork and significant expenses including the visa application price, medical exam costs, and other charges.
K-1 Visa: Fiancé
Foreign nationals engaged to a U.S. citizen and intending to marry in the U.S. will find the fiancé visa—K-1 visa—made for them.
The K-1 visa lets the foreign fiancé come into the United States to marry their U.S. citizen spouse within 90 days of arrival.
Following the marriage, the foreign fiancé may seek permanent residency (a green card) by means of a procedure called adjustment of status.
How It Functions:
The U.S. citizen fiancé has to submit Form I-129F, a request for the foreign fiancé to travel to the U.S. This form shows the couple’s sincere desire to marry within 90 days of arrival.
Step 2: The petition is sent to the National Visa Center (NVC) once USCIS approves it; there more paperwork like police certifications, medical examinations, and evidence of the relationship is needed.
Step 3: The foreign fiancé will give papers and go to a medical checkup at a U.S. consulate or embassy in their own nation.
The moment the K-1 visa is approved, the fiancé may fly to the United States. The pair must to marry within 90 days after arrival.
Step 5: The foreign spouse may seek adjustment of status to get a green card following marriage.
Pros.
Fast Track to Marriage: This choice lets you bring your fiancé to the U.S. fast, so you can marry in the nation without waiting months for permission.
The foreign fiancé can seek for work permission once in the U.S. pending green card approval.
Unlike other marriage visas, you don’t have to be married before applying for a fiancé visa, which offers you the freedom to arrange for marriage in the U.S.
Drawbacks:
Marriage is to take place within 90 days: The foreign fiancé has to marry within 90 days after landing on a K-1 visa. Should the marriage not take place, the foreign fiancé has to depart the United States.
Extra Green Card Step: The foreign spouse must seek status adjustment after marriage; this process can be drawn-out and may call for further papers.
Travel Restrictions: The foreign spouse might be barred from leaving the United States while waiting for adjustment of status approval.
Married Couples’ Adjustment of Status
Should the foreign spouse hold a valid visa—such as a tourist, student, or work visa—they may be able to change their status to that of a permanent resident without leaving the country.
This choice lets the foreign spouse seek a green card by marrying a U.S. citizen or permanent resident.
Operation:
The U.S. citizen or permanent resident spouse submits Form I-130 to request the foreign spouse, so defining the connection.
The foreign spouse submits Form I-485 at the same time, which is the application for adjustment of status. This form lets the spouse convert their non-immigrant status to permanent resident status without departing the United States.
USCIS sets an interview in Step 3 to examine the case, pose inquiries, and confirm the validity of the marriage.
Step 4: The foreign spouse gets a green card and permanent residence status if all is in order.
Advantages:
Should the foreign spouse be in the United States, they need not depart the nation to finish the procedure, hence saving time and money.
Waiting for the green card to arrive, the foreign spouse may seek a work permit (Employment Authorization Document).
The foreign spouse may request advance parole, which lets them travel outside the United States pending arrival of the green card.
Drawbacks:
Difficult Procedure for Illegal Status: The adjustment of status can be more difficult and a waiver could be required if the foreign spouse entered the United States illegally or overstayed a visa.
Processing period: The procedure may still take many months; USCIS could ask for further paperwork or interviews, which would prolong the waiting period.
USCIS is rather rigorous in making sure the marriage is real, hence couples have to offer lots of proof of their connection to prevent a denial.
4. Green Card via Marriage to a U.S. Permanent Resident
The procedure of getting a green card is comparable for couples when one spouse is a U.S. permanent resident (green card holder) rather than a U.S. citizen, but it takes a little longer.
The foreign spouse may not get a visa for several years given the yearly limit on green cards granted to spouses of permanent residents.
How It Functions:
The U.S. permanent resident spouse submits Form I-130 asking for the foreign spouse.
The foreign spouse has to wait for a visa to become available once the petition is granted; this waiting period depends on the applicant’s place of origin and the visa availability.
Step 3: The foreign spouse files for an immigrant visa at the U.S. consulate or changes their status if already in the United States when the visa becomes available.
Advantages:
The foreign spouse will finally get permanent residency following processing and approval of the application.
Eligibility for Work: The spouse may live and work freely in the United States and seek for work permission.
Drawbacks:
Longer Waiting Times: Visa limitations and protracted waiting periods for green card issuance can cause the procedure to last many years.
Applicants from nations with great demand for green cards, such as Mexico or India, may have very long waits.
5. Newlywed Couples’ Conditional Resident Status
The foreign spouse will get conditional resident status if the pair has been married for less than two years when the foreign spouse is awarded permanent residency.
The green card is only good for two years, however this status lets the foreign spouse reside and work in the United States.
Operation:
The couple has to submit Form I-751 to remove the requirements on the green card after two years, so showing the marriage is still valid.
Advantages:
The spouse can reside and work in the U.S. right away upon arrival; they must renew their status after two years.
Path to Full Citizenship: The foreign spouse may petition for U.S. citizenship after removing restrictions and residing in the country for a set time.
Drawbacks:
Extra Procedure: The spouse must to request removal of green card restrictions; neglecting to do so might cause loss of resident status.
New Marriages Under Examination: To make sure they are not fake, USCIS might extensively investigate marriages under two years old.
Final remarks
Couples can better negotiate the difficult and occasionally protracted immigration process by knowing these five distinct routes for acquiring a U.S. visa via marriage.
Every choice has its own needs, advantages, and drawbacks; thus, it is crucial to evaluate your circumstances and select the one that most matches your objectives and schedule.
Your road to living together in the United States may be a successful and life-changing event with the correct direction, careful planning, and patience.
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