Immigration through marriage

Being married to a US citizen or green card holder means you can get a green card, live and work in the states and eventually get citizenship. Biological or adopted children from previous relationships younger than age 21, are eligible to join you in the US.  

The US immigration law provides gay and hetrosexual couples with the same rights.

3 options to immigrate through marriage:

  1. In case the couple gets married outside the US, the US citizen has to file a petition for the foreign spouse. The foreign spouse will be granted a K-3 visa, otherwise known as the marriage visa. Upon arrival to the US, the foreign spouse has to apply for a green card.
  2. In case the foreign spouse is already in the US, for example as a tourist, the couple needs to file for Adjustment of Status. The US citizen has to submit the I-130 form and the foreign spouse may stay in the US while waiting for the green card interview. Green card holders need to consult an immigration lawyer to learn about the options available to them. 
  3. If the couple has not yet married and are only in the planning process, they can apply for the K-1 fiance(e) visa. The couple has to legally get married within 90 days upon arrival of the foreign fiance(e) in the US. One of the requirements of fiance(e) visa is that the couple has to provide evidence of meeting in person.

Requirements

  • The couple has to be legally married. Religious marriages (such as muslim nikah) or civil marriages (cohabitation) are not recognised.
  • The couple has to present evidence of their legitimate marriage and prove that they did not marry for immigration purposes.
  • Both spouses have to be unmarried (single or divorced) before starting the process.

Upon successful completion of the interview with USCIS, the foreign spouse gets a conditional green card, which is valid for 2 years.

After 19 months, the foreign spouse can file a petition to remove this condition. Even if the marriage has been dissolved (the couple have divorced) the foreign spouse still can receive an unconditional / permanent green card (and later citizenship) if proves that the marriage was legitimate (it was not fake marriage and the reason to marry was not to get a green card). 

If the green card interview happens after the second anniversary of the wedding, the foreign spouse can receive the permanent green card right away.