PROCEDURES TO GET A SPOUSE IN THE UNITED STATE OF AMERICA
To get a spouse in America, the process generally involves several steps, especially if you’re looking to marry a U.S. citizen or lawful permanent resident and want them to sponsor you for a visa. Here’s an overview of the procedures:
- Meeting the Requirements for Marriage
- Legal Age: Both parties must be of legal age to marry (18 years or older in most states).
- Consent: Both parties must voluntarily agree to the marriage.
- Marital Status: Both individuals must be unmarried or legally divorced if they were previously married.
- No Close Relationships: You cannot marry close family members, as U.S. law prohibits this.
- Marriage in the U.S.
- If you are already in the U.S., you can marry a U.S. citizen or lawful permanent resident. You’ll need to obtain a marriage license from the state or county in which you plan to marry. Each state has different requirements for obtaining this license, such as providing identification and paying a fee.
- If you are marrying outside the U.S., you can do so in the country where you’re located, but you will need to go through the U.S. immigration process afterward.
- Marriage-Based Green Card Process (for Foreign Spouse)
If you’re marrying someone who is a U.S. citizen or lawful permanent resident and are not a U.S. citizen yourself, here are the steps to apply for a marriage-based visa (Green Card):
- Step 1: Determine Your Eligibility
- If your spouse is a U.S. citizen, you can apply for a green card from outside or inside the U.S.
- If your spouse is a lawful permanent resident (Green Card holder), the process will take longer, and you may need to wait for a visa number to become available.
- Step 2: File the Petition
- Form I-130: Your U.S. citizen or lawful permanent resident spouse must file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS) to establish the relationship.
- Step 3: Apply for a Visa or Adjustment of Status
- Outside the U.S. (Consular Processing): If you are outside the U.S., after the I-130 petition is approved, you will go through consular processing at the U.S. embassy or consulate in your country to apply for an immigrant visa.
- Inside the U.S. (Adjustment of Status): If you are already in the U.S. on a valid visa, you may be able to apply for a green card (adjustment of status) by filing Form I-485 (Application to Register Permanent Residence or Adjust Status) after your I-130 is approved. This allows you to stay in the U.S. while your application is processed.
- Step 4: Attend an Interview
- You and your spouse will likely be called for an interview with a USCIS officer to verify the authenticity of your marriage. During the interview, they may ask questions to ensure that your marriage is legitimate and not for immigration purposes only.
- Step 5: Approval and Green Card Issuance
- If approved, you will receive your green card (permanent resident status). If you are outside the U.S., you will be granted an immigrant visa and can then enter the U.S. as a permanent resident.
- If your marriage is less than two years old at the time of approval, you’ll receive a conditional green card valid for two years. After this period, you will need to apply to remove the conditions and receive a permanent green card.
- U.S. Citizen Marrying a Foreign Spouse
If you’re a U.S. citizen and marrying someone from another country, your spouse can apply for a K-1 Fiancé Visa to enter the U.S. and marry you. The steps are:
- File Form I-129F: You must file a K-1 Fiancé(e) Visa petition.
- Visa Application: If the petition is approved, your fiancé can apply for the visa at the U.S. embassy in their country.
- Marriage: Once your fiancé enters the U.S. on a K-1 visa, you must marry within 90 days.
- Adjustment of Status: After marriage, your spouse can apply for a green card through Form I-485 to become a permanent resident.
- Considerations
- Proof of Genuine Relationship: You must show that the marriage is genuine, not just for immigration purposes. This includes providing evidence like photos together, joint financial documents, and testimonies from friends or family.
- Spouse’s Criminal History or Prior Immigration Violations: If your spouse has a criminal history or prior immigration violations, it may complicate the process. It’s recommended to consult with an immigration lawyer in such cases.
Additional Information:
- Processing times can vary, but typically range from 10 months to several years, depending on the type of visa or green card and whether your spouse is a U.S. citizen or permanent resident.
- Fees apply at various stages, including for filing forms and medical exams.
- If your marriage is to a U.S. citizen and you apply for a marriage-based green card while in the U.S., you may be allowed to work while waiting for your application to be processed.
It’s often a good idea to seek legal advice to ensure you’re following all steps correctly and avoid delays or complications during the process.
To get a spouse in America, the process generally involves several steps, especially if you’re looking to marry a U.S. citizen or lawful permanent resident and want them to sponsor you for a visa. Here’s an overview of the procedures: Meeting the Requirements for Marriage Legal Age: Both parties must be of legal age to…