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The Path To A US Marriage Visa

Two wedding rings on top of a visa, possibly symbolizing a marriage of convenience.In this article, you can discover:
  • The eligibility criteria for a marriage visa and how it benefits non-resident spouses.
  • Key documents and income requirements for a successful marriage visa application.
  • The process of transitioning from a marriage visa to permanent residency or citizenship.

What Is A Marriage Visa, And Who Is Eligible To Apply For One?

A marriage visa applies to an individual whose spouse is a U.S. Citizen or Legal Permanent Resident (LPR). If the spouse does not have legal permanent resident status, their U.S./LPR spouse can apply on their behalf, allowing the non-resident spouse to obtain a green card.

What Are The Basic Requirements For Obtaining A Marriage Visa?

The basic requirements for a US marriage visa include a valid marriage, the spouse being a U.S. citizen or LPR, and the U.S. citizen spouse/LPR having sufficient income to support the non-immigrant spouse.

Can Same-Sex Couples Apply For A Marriage Visa In The US?

Yes, same-sex couples can apply for a marriage visa.

How Does The Process Of Applying For A Marriage Visa Differ From Other Types Of Visas?

Marriage petitions can be processed faster and have waivers available for spouses without legal status in the U.S. This is applicable only when one of the spouses is a U.S. citizen or in the military. Marriage petitions can grant legal status for 5 or 10 years.

What Documents Are Typically Required When Applying For A Marriage Visa?

Typically required documents include the marriage certificate, passport, driver’s license (if available), birth certificate for all immediate family members, three years of recent tax returns, the applicant’s criminal record, a copy of the applicant’s current visa, and work authorization card (if applicable), and the last five years of address and work history for both spouses.

Is There A Minimum Income Requirement For The Sponsor When Applying For A Marriage Visa?

The sponsor must meet an income level of 125% above the poverty level for their particular household size.

What Is The Difference Between A Fiancé Visa And A Marriage Visa?

A fiancé visa allows your future spouse to come to the U.S. to be married within 90 days of arrival, after which they must apply for a marriage visa. A marriage visa grants permanent legal status in the U.S.

Can A Marriage Visa Lead To Permanent Residency Or Citizenship?

A marriage visa grants permanent residency; after five years of permanent resident status, you can apply for citizenship.

Are There Any Restrictions On The Length Of Time A Couple Must Be Married Before Applying For A Marriage Visa?

There are no restrictions on the length of time a couple must be married before applying for a marriage visa. However, if they are not married for at least two years prior to applying, USCIS will issue a conditional permanent visa. Once they reach the 2-year mark, they must apply to remove the conditions to ensure the marriage is legitimate.

What Happens If The Marriage Ends In Divorce While The Visa Is Still Valid?

The visa remains valid even if the marriage ends in divorce while the visa is still valid.

Can A Marriage Visa Be Extended If The Couple Needs More Time To Finalize Their Immigration Status?

If the marriage visa is approved, the legal status is finalized. An extension is not typically applicable in this context.

What Rights And Benefits Does A Spouse Receive Upon Entering The Country With A Marriage Visa?

Upon entering the country with a marriage visa, the spouse has access to public education and assistance, the ability to travel freely, own property, work, and receive medical care, among other benefits.

Are There Any Limitations On The Countries From Which A Foreign Spouse Can Apply For A Marriage Visa?

There are no limitations on the countries from which a foreign spouse can apply for a marriage visa. Immigration attorney Randy Emory has successfully guided countless couples through the complexities of obtaining a US marriage visa. With a deep understanding of the legal requirements and a commitment to personalized support, he works tirelessly to ensure that each client’s journey to marital unity in the US is as smooth as possible. For more information on Obtaining A Marriage Visa To The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 371-4333 today.
The Emory Law Firm

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