Green Card via Marriage
When a U.S. citizen marries an alien who lives in the United States, the alien is eligible for a green card based on the marriage. Your spouse is considered an “immediate relative” if you are a US citizen, and he or she may seek for permanent status. Your spouse’s relationship with you must be established, and your spouse must be eligible to the United States under immigration law in order to be given permanent status. Also, the marriage must be genuine, not just a ruse to obtain a green card for the immigrant. The INS takes fake marriage very seriously, and you will be requested to present documentation to prove that the marriage is legal.
Alien-Spouse Visa (I-130)
After a U.S. citizen marries an alien, either overseas or in the United States, an I-130 petition must be submitted to commence the foreign spouse’s immigration process. This can be done through the US Immigration and Naturalization Service (INS) or, in some cases, through US embassies or consulates across the world. The regulations of US embassies and consulates on granting I-130s vary, so check with each one to see if this service is available. Many postings have their own web pages with this information, which may be found on the United States Embassy and Consulate Links page. Before leaving the country, the US citizen should contact the INS or the relevant foreign service station to find out what documents are required to file an immigration petition for a new spouse. See the Bureau of Consular Affairs’ pamphlet Tips for U.S. Visas: Family-Based Immigrants for additional information on this option. See the Office of Citizens Consular Services’ pamphlet for further information on how to arrange a legally legitimate marriage overseas.
Fiance Visa (I-129F)
An I-129F petition can be filed with the INS for the issue of a K-1 fiancée(e) visa to an immigrant fiance. If a citizen chooses this option, he or she must stay single until the fiance arrives in the United States, and the wedding must take place within three months of the fiance’s arrival. In addition, the immigrant and the US citizen must have met at least once in the two years prior to the petition being submitted. Legal permanent residents (green card holders) are not eligible to file fiancée visa petitions.They must marry overseas and then submit an I-130 petition for a new
spouse’s immigration. Please keep in mind that a fiancé visa allows your fiance to visit the United States just once. If your fiance leaves the country before you marry, he or she may not be able to return without obtaining a new visa.
How Do I Apply?
To become an immigrant, you must go through a multi-step procedure. Immigrants are those who have been granted legal permission to live in the United States permanently.
The PathFinder Visa can help you in the process.
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