Love is blind. It does not see borders, citizenship, or nationality. While you are free to marry a foreign national, if you want your new spouse to live and work in the United States legally, you must follow U.S. immigration law to secure the appropriate visa or green card for your partner.

First and foremost,  in order to sponsor your husband or wife for permanent residency, you yourself must hold either a green card or U.S. citizenship.

Understanding Marriage-Based Green Cards

If you are a U.S. citizen already married to a foreign national, you may sponsor your spouse for a green card. There are two different procedures for sponsoring a spouse depending on whether they are physically present in the U.S. or residing abroad.  Either way, the first step is the same, which is filing the Form I-130 and supporting documentation with USCIS.

 

Marriage Green Card Processing in the United States

If both you and your spouse are present in the United States, then your spouse will go through a process call Adjustment of Status. This involves filing several other forms with the I-130, such as the I-485 and I-864 and various supporting documentation. Your spouse may also file Form I-765 to request an Employment Authorization Document (EAD or work card) while the green card petition is pending. If the foreign national spouse is in lawful status, they are also eligible to file Form I-131 to apply for advanced parole (aka a travel permit). Typically, the requests for a travel permit and work card are filed simultaneously with the marriage green card petition.

Shortly after filing the marriage green card case with USCIS, the foreign national spouse will go for fingerprinting. Typically, several months later the work and travel permit will come. Then, you and your spouse may also need to attend a green card interview. After a successful green card interview, your permanent residency should be approved. Please note that processing times vary – here are the current USCIS processing times. 

In some instances, USCIS has the discretion to waive the green card interview. This is most common for couples married for more than two years. However,  recently many of our clients married less than two years have had their marriage based permanent residency cases approved without an interview. Our immigration law firm can work with you to present the strongest possible case, to reduce the chance you be selected for an interview.

 

Marriage Green Card Processing Outside of the United States

If your spouse is overseas, then your spouse can process their application for permanent residency at a U.S. consulate abroad. First, the I-130 is filed with USCIS. After it is approved, the case is transferred to the National Visa Center, and they will schedule your spouse for an interview. After a successful interview, your spouse will receive an immigrant visa, and they can then enter the U.S. as a permanent resident.

Documentation for gaining green card status for your spouse includes:

• Complete petition for alien relative (Form I-130).
• Two biographic information forms.
• A copy of your marriage certificate.
• Divorce or death certificates for past spouses, if any.
• Evidence of any past name changes, if any.
• Proof of the sponsor’s citizenship or permanent resident status.
• Birth certificate.
• Proof of the good faith relationship
• Two passport-sized photographs.
• Other supporting evidence as needed.
• Filing fees.

You will also have to prove during this process that your marriage is not fraudulent. To do this, you must provide substantial documentation that your marriage is valid and your lives are intermingled. This proof could include but is not limited to love letters, photos of the two of you, proof of joint accounts, trips together, or the birth certificates of your children. You will probably also have to go through an interview with an immigration officer to demonstrate that you have a good faith marriage.

Three years after obtaining a green card, your spouse can apply for United States citizenship. If you are a permanent resident, you may also sponsor your spouse to obtain a green card. However, the wait for this type of family-based visa can be much longer and varies by country.

If you are not yet married, and your spouse is overseas, there is also the K-1 Fiancé visa.

 

Understanding the K-1 Fiancé Visa

If you are a U.S. citizen, you can bring your partner to the United States on a K-1 fiancé visa. This visa, which is valid for 90 days, is a possible choice if your partner doesn’t currently live in the United States, if you have met your partner in person within the last two years, and if both parties are legally able to marry. During the 90-day period after your partner enters the U.S. on a K-1 visa, you must marry your partner. Your spouse can then apply for a green card with you as sponsor.

The K-1 visa requires the following documents:

• A completed non-immigrant visa application (Form DS-160).
• A valid passport.
• Divorce or death certificates for past spouses, if any.
• Police clearance certificates.
• Medical examination papers.
• Evidence of financial support.
• Two passport-sized photographs.
• Filing fees.

 

Other Marriage Green Card Issues

You may have issues obtaining a green card for your spouse if:

• Your spouse is or has been in the country illegally.
• You married your spouse in the U.S. while he or she held a tourist visa.
• You or your spouse is legally married to someone else.
• You do not provide enough evidence that your marriage is valid.
• You did not complete the application process correctly.
• You did not prove that your spouse will be supported financially.

In these cases, it is even more important to seek assistance from a knowledgeable immigration attorney to discuss your rights and your legal options.

 

Seek Help From A Skilled California Immigration Lawyer

At Feldman Feldman & Associates, we can help you understand all of the immigration legal issues involving your fiancé or spouse. We will assist you with the entire process from completing the forms, to providing the correct supporting documentation, and advising on what to do if your spouse originally entered the country illegally.  Call our offices today or fill out our short electronic contact form on this page to schedule an appointment, learn more about our legal services, or ask a question about your case. In our connected global world marrying someone from another country is a frequent occurrence. It is natural to want your spouse become a permanent resident in the U.S.

We would be happy to assist you and your spouse obtain permanent residency. In some cases we can file in the U.S.; in other cases you must process at an overseas consulate; and sometimes you must process at an overseas consulate and also need a waiver showing extreme hardship. In certain cases there may be no relief. In any case an immigration attorney at Feldman Feldman & Associates will advise you as to the costs, timing, any risks and what is required for a strong case.