The U.S. marriage visa is one of the most common pathways to permanent residency (Green Card) for foreign nationals married to U.S. citizens or lawful permanent residents. This process allows couples to live together in the United States and eventually gives the foreign spouse the opportunity to become a lawful permanent resident.
In this guide, we’ll explore the different types of marriage visas, eligibility criteria, the application process, timelines, and some frequently asked questions to help you understand how to obtain a marriage-based Green Card.
Types of Marriage Visas
There are two primary visa categories that enable a foreign spouse to immigrate to the United States through marriage:
- K-1 Fiancé(e) Visa (for engaged couples)
- CR1/IR1 Spousal Visa (for married couples)
1. K-1 Fiancé(e) Visa
The K-1 visa is for foreign nationals engaged to U.S. citizens, allowing the fiancé(e) to travel to the United States for the purpose of marriage. Once the marriage occurs, the foreign spouse must adjust their status to a lawful permanent resident (Green Card holder).
Key requirements:
- The U.S. petitioner (fiancé) must be a U.S. citizen.
- Both parties must have met in person within the last two years (exceptions apply for specific cultural or religious reasons).
- The couple must intend to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.
- After the marriage, the foreign spouse applies for a Green Card through adjustment of status (Form I-485).
2. CR1/IR1 Spousal Visa
The CR1 and IR1 visas are for foreign nationals who are already married to U.S. citizens or lawful permanent residents. The “CR” in CR1 stands for “Conditional Resident,” which is for couples married for less than two years. After two years, the conditions can be removed. The “IR” in IR1 stands for “Immediate Relative,” which applies to couples married for more than two years.
Key requirements:
- The petitioner must be either a U.S. citizen or a lawful permanent resident.
- The marriage must be legally valid in the country where it was performed.
- The foreign spouse must apply for a Green Card from outside the U.S. through consular processing.
Eligibility Requirements for a U.S. Marriage Visa
To be eligible for a U.S. marriage visa, you and your spouse must meet the following conditions:
- Legal Marriage: The marriage must be legally recognized in the country where it was performed. Common-law marriages may be acceptable in certain jurisdictions.
- Genuine Relationship: The marriage must be bona fide, meaning it is based on a real relationship and not solely for immigration benefits. Proof of the relationship, such as shared financial documents, photos, travel records, and correspondence, will be required.
- Income Requirement: The U.S. citizen or permanent resident spouse must meet the minimum income requirements to sponsor the foreign spouse. This is usually at least 125% of the federal poverty level based on household size.
- Background Check: The foreign spouse must pass a background check, including criminal and medical examinations.
Application Process for a Marriage-Based Green Card
Step 1: File the Petition (Form I-130)
The first step is for the U.S. citizen or lawful permanent resident spouse to file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the petitioner and the foreign spouse.
Documents to include:
- Proof of U.S. citizenship or lawful permanent residency (birth certificate, naturalization certificate, or Green Card).
- Proof of marriage (marriage certificate).
- Evidence of bona fide relationship (photos, joint leases, bank statements, etc.).
Step 2: Approval of the Petition
Once the I-130 petition is approved, USCIS will forward the case to the National Visa Center (NVC), where the foreign spouse will submit additional documentation and fees.
Step 3: Apply for the Immigrant Visa or Adjustment of Status
For spouses living abroad, they will apply for an immigrant visa at the nearest U.S. embassy or consulate. This is known as consular processing. The spouse will need to attend an interview at the U.S. consulate before being granted the visa.
For spouses already in the U.S., they can apply to adjust their status using Form I-485, Application to Register Permanent Residence or Adjust Status.
Step 4: Attend the Interview
Whether through consular processing or adjustment of status, both spouses may be required to attend an interview. The purpose of the interview is to confirm the legitimacy of the marriage and verify the information provided in the application.
Step 5: Receive the Green Card
After the interview, if all goes well, the foreign spouse will be granted a Green Card. If the marriage is less than two years old, they will receive a conditional Green Card valid for two years. After two years, they must apply to remove the conditions and receive a 10-year permanent Green Card by filing Form I-751.
Timeline for Obtaining a Marriage-Based Green Card
The timeline for obtaining a Green Card through marriage can vary based on several factors, including the location of the foreign spouse and the processing time of USCIS and the NVC.
- K-1 Fiancé(e) Visa: It typically takes 6-9 months for the fiancé(e) visa, followed by an additional 6-12 months to adjust status after marriage.
- CR1/IR1 Visa: The entire process usually takes 10-14 months from filing the I-130 petition to receiving the Green Card, depending on the case and consulate processing times.
Frequently Asked Questions (FAQs)
1. Can I work in the U.S. while waiting for my Green Card?
Yes, if you are applying for a Green Card through adjustment of status while in the U.S., you can apply for a work permit (Employment Authorization Document) by filing Form I-765. It typically takes a few months to receive this permit.
2. What if we don’t marry within 90 days on a K-1 visa?
If you do not marry within 90 days, the foreign fiancé(e) will be required to leave the United States. Failure to do so may result in removal (deportation) proceedings.
3. How can we prove our marriage is bona fide?
You can provide evidence such as joint bank accounts, lease or mortgage agreements, shared utility bills, photographs together, communication records, affidavits from family and friends, and other documentation that shows your relationship is genuine.
4. What happens if we divorce after receiving a conditional Green Card?
If a couple divorces before the conditions are removed from the Green Card, the foreign spouse may face challenges in obtaining permanent residency. However, they can still apply to remove the conditions on the Green Card by proving that the marriage was entered into in good faith.
Conclusion
Obtaining a U.S. marriage visa and Green Card is a multi-step process that requires careful attention to detail, thorough documentation, and patience. Whether you are engaged or already married to a U.S. citizen or permanent resident, navigating the marriage visa process can lead to permanent residency and, eventually, U.S. citizenship.
It is always advisable to consult with an immigration attorney to ensure that the process is smooth and to avoid any potential pitfalls.
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