Immigrating to USA by Marriage: Step-by-Step Guide

Getting married can be a difficult process, and navigating the US immigration system is no exception. There are numerous elements and decisions that couples must make when considering marriage-based immigration.

These differences can have an impact on cost and timeline, although both eventually lead to permanent residence (green card).

Generally, a couple can marry before immigrating to the United States. Some couples may decide to hold their wedding in America. As a US citizen, you have two options for bringing your partner to the United States. Permanent residents cannot petition for a fiancé and must bring only their spouse.

How to Sponsor a Spouse to the US through a Green Card Marriage Visa

To sponsor a foreign spouse to the United States, a US citizen must first show the authenticity of the connection and then demonstrate that they are financially stable enough to support their spouse in the US. Minor children of the sponsored individual may accompany their parents.

There are two ways that a citizen can sponsor their spouse:

Filing the IR1 or CR1 Immigrant Petition for Alien Relative (form I-130) or obtaining a non-immigrant visa for spouse (K-3)

● Immigrate as a Fiancé (K-1 Visa).

A US citizen may petition a foreign national fiancé to visit the United States for marriage. Congress specifically established the K-1 visa for this reason. Once a foreign fiancé enters the United States on a K-1 visa, he or she must marry a US citizen within 90 days or leave the country.

The process begins with a US citizen completing Form I-129F, Petition for Alien Fiancé. After marriage, the K-1 visa holder may become a permanent resident. At the end of this process, the recipient receives a green card from the United States Citizenship and Immigration Services (USCIS).

● Immigrate as a spouse (IR1 or CR1 Visa).

US citizens and lawful permanent residents can petition a foreign national spouse to immigrate through marriage. The process begins when a US citizen or permanent resident files Form I-130, Petition for Alien Relative, and Form I-130A, Supplemental Information for Spouse Beneficiary.

The spouse will go through consular procedures and enter the United States on an immigrant visa. Although it is only a stamp at the point of entrance, it is the equivalent of a green card. USCIS will mail the actual green card to the spouse shortly after.

If you are already married and your foreign national spouse is physically present in the United States, this article is likely not for you. Instead, the foreign national spouse may wish to apply for a green card from within the US. This is referred to as a “status adjustment.”

What is the U.S. Spouse Visa Processing Time?

The wait time for a US spousal visa varies by situation. Due to strong demand, an individual may be placed on a waitlist for 1-4 years. It should be noted, however, that this figure is subject to change.

If you want to sponsor a foreign spouse or fiancé(e) in the United States, you should consult with an immigration lawyer. We can ensure that the process and application materials are completed as efficiently as possible, and we will try to maximize your chances of success.

If you are considering hiring an immigration lawyer, we invite you to complete our online assessment so that we can better understand your situation and schedule a session.

What are the Necessary Spouse Visa USA Requirements?

The following are the prerequisites for a CR1 visa:

• To apply for a CR-1 spousal visa, you must first file Form I-130, which establishes that you have a lawful marriage.
• Your sponsoring spouse must be a United States citizen or lawful permanent resident.
• Proof that the sponsoring spouse can financially support the foreign-born spouse.
• Results of the immigration medical examination
• Proof of nationality for the spouse obtaining a green card.
• The government charges filing costs ($445 for applicants from overseas and $1,225 for applicants from within the United States).
• Proof of lawful admission by the foreign spouse (only applies if filing from within the United States).
• A copy of a police clearance certificate (only if submitted from outside the United States).

3 Core Dangers of Marrying a Foreigner

1. Cultural Norms

Being from two different cultures might be challenging, but with our world’s rising cultural diversity, you may discover that someone you partner with has completely different cultural norms and expectations.

If one spouse expects the other to behave in a traditional (and often subservient) manner, they may be surprised when their chosen foreign partner does not fit into the cultural stereotype they have bought into.

Your foreign partner may want you to routinely take them back to their home country to see their family, and some cultures even demand the foreign bride’s family to relocate with her, which can be an unexpected expense.

There could also be a lot more family interference from the foreign family than you had anticipated before the marriage. (You did discuss that, right?)

2. Language Barriers

While romance can blind us, you and your foreign spouse should have sufficient language knowledge to communicate effectively. Of course, competent linguistic comprehension should go beyond “pass the milk” or “it’s time to make babies now.”

You and your partner must be able to discuss significant topics without continuously misunderstanding one another, as this can lead to serious relationship problems.

While this can happen in any relationship, having a foreign spouse means they will be cut off from their family and support system, making them especially vulnerable and prone to feeling overwhelmed.

If they decide to divorce, it will be an expensive process because they will have to pay for marriage visas, green cards, a marriage license, and other expenses, only to have to pay for their return to their home country if things do not work out.

This could be because you didn’t know each other’s languages well enough to avoid communication problems.

3. Communication Errors

In addition to verbal communication problems, there are major differences in body language and behavior among cultures. This is why it is critical to truly grasp your foreign partner’s culture and the subtle details that distinguish them as a unique member of their culture before asking the big question.

Important: If you’re still having problems because you don’t understand each other’s cultures and can’t communicate your feelings and thoughts, you’re not ready for marriage. Finally, “I do” may mean something very different to you both.

What is the Marriage Green Card Timeline?

The process for obtaining a marriage-based green card varies according to where you live and your spouse’s U.S. status (12345). The current average wait time for a marriage-based green card is roughly 9.3 months. The range is from 10.5 to 59 months. If your spouse is a US citizen and you currently reside in the US, it takes an average of 13 -20 months to obtain a marriage-based green card. If the immigrant spouse lives in the United States, the application procedure usually takes between 15 and 20 months.

Conclusion

Obtaining a green card through marriage to a US citizen is one of the quickest paths to permanent residency (and citizenship) in the US. However, it might lead to major immigration issues for couples who are unfamiliar with the United States immigration system.

Green card marriages are among the most closely monitored by the United States Citizenship and Immigration Services (USCIS). It’s crucial to get it right.

Marriage does not guarantee permanent residence. You and your spouse must complete a special application process. Although obtaining a green card through marriage to a US citizen is one of the quickest methods to immigrate, it requires numerous processes, including application forms, a medical examination, fingerprints, and different permissions. For some people, asking for a green card through marriage can result in serious long-term immigration issues.