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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 seek asylum. However, one valuable way to immigrate to the U.S. is through your fiancé or spouse. A marriage-based green card is one of the most common ways to obtain permanent residency. Here, we’ll go over both 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.
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Reunite with Your Spouse Sooner – VisaNation
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Before you can qualify for a marriage-based visa, you need to 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 isn’t when it comes to the immigration application process:
Check out these popular Marriage-Based Green Card Interview Questions.
The nonimmigrant visas related to marriage are in the K category. These temporary visas allow you to stay in the U.S. while waiting for your marriage-based green card.
The four categories in the K classification include:
The K-1 visa is designed specifically for the fiancé(e)s of U.S. citizens. According to immigration law, someone counts as a fiancé(e) only if the U.S. citizen intends to marry the foreign national within 90 days of his or her entry into the U.S.
This is for the children of a foreign national fiancé(e) who are under K-1 status. They will remain in this nonimmigrant status until their statuses are adjusted, and they receive green cards.
This visa is for the foreign-born spouses of U.S. citizens. If the citizen sponsor has filed an I-130 for a marriage-based green card, the alien spouse can use the K-3 visa to remain in the U.S. while awaiting the decision.
If your K-3 spouse has children coming with him or her, they can stay in the U.S. under K-4 status. The only caveat is that, if the child is the step-child of the U.S. citizen sponsor, then the marriage will have to have taken place before the child turned 18 in order for him or her to qualify for K-4 status.
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Get your 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 will violate your K-1 or K-2 status. Similarly, if you divorce or have your marriage annulled, the K-3 and K-4 statuses become void.
In these cases, the foreign fiancé, spouse, or children must leave the U.S. or they will risk being considered “out of status.”
For the K-1 and K-2 visas, the U.S. citizen sponsor must file an I-129F petition for their foreign fiancé(e). The fiancé(e) can’t petition for himself or herself. Once the petition is approved, the fiancé(e) will go to the U.S. Consulate or Embassy located in their home country. There, they will participate in a one-on-one interview with a consular officer to ensure that your relationship is legitimate.
If you pass the interview, the consular officer will issue the K-1 visa for the fiancé(e) along with any K-2 visas for accompanying children. Once the visa is issued, the fiancé(e) can enter the U.S. and must marry within 90 days of entering. After the marriage, the U.S. citizen sponsor can file an I-485 (Adjustment of Status) 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.
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Unsure where to start? Professional legal support for your application increases approval chances. Contact VisaNation attorneys.
A marriage-based green card allows foreign-born spouses to live and work permanently in the U.S. The nonimmigrant visas listed above (K-1 and K-3) serve as temporary visas while waiting for green card approval.
Once the USCIS approves the K-1 visa, the U.S. citizen sponsor can submit an I-765 petition (Employment Authorization Document) and wait for approval before the foreign spouse can start working. Fortunately, 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.
A marriage-based green card is one of the most common ways to become a U.S. permanent resident. The process involves several steps for both the petitioner and the beneficiary. Below are the steps for spouses applying from inside and outside the U.S.:
The process of applying for a Marriage-based green card for a spouse living outside of the U.S. is different than applying from within the United States.
Skip to here for information about applying from within the United States.
Here are the steps for a spouse applying from outside the U.S.:
The U.S. citizen or permanent resident must file a Form I-130, Petition for Alien Relative to the United States Citizenship and Immigration Services (USCIS).
This form establishes the relationship between the married couple 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 with USCIS, you will provide various documents that demonstrate your relationship, including your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank accounts, 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.
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The I-130 petition must be submitted with the following
After USCIS approves your I-130 petition, they will forward the case file to the National Visa Center (NVC) for processing. The NVC will:
Generally, you will need to submit the following items for your NVC processing:
It’s Never Been Easier to Get the Marriage Visa Start
It’s Never Been Easier to Get the Marriage Visa
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.
After the interview, you will know if you have been approved or denied.
If you are granted a visa after the interview, you can 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 admitted, you should receive your green card within 6 to 12 months. If you don’t receive it within this timeframe, you can contact USCIS contact USCIS for an update.
Simple and Fast Marriage Green Cards Start
Simple and Fast Marriage Green Cards
If your spouse lives in the United States on a valid nonimmigrant status (K-1, K-3), the entire process can be completed through USCIS.
If your spouse is living in the U.S. on a valid nonimmigrant visa, you will still need to file Form I-130 with USCIS to establish the marital relationship and prove the marriage is valid. The I-130 petition must include supporting evidence to validate your marriage and relationship.
After USCIS approves the I-130 petition, the beneficiary must file a Form I-485 Adjustment of Status Petition with USCIS
If a U.S. citizen sponsors the petition, they can file the I-485 adjustment of status 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.
Tip: Concurrently filing for a marriage-based green card can expedite the processing time for your petition.
Once USCIS approves your I-485, you become eligible to receive your green card, whether filing concurrently or separately.
Key update: On December 10, 2024, the USCIS released a new version of Form I-485. Applicants must now submit Form I-693 (which includes medical history) at the same time as they submit their adjustment of status petition (I-485) for their green card application.
After USCIS processes the I-485, you will receive a notice for an adjustment of status interview at a local USCIS office.
During the interview:
If the adjustment of status is approved, the spouse will receive their green card by mail within 6 to 12 months.
Breakdown of fees for applying from outside vs. inside the U.S.
Total Estimated Cost: $1,340 (excluding medical exam)
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!
