Allows U.S. Citizens to Bring Over a Foreign Spouse.
The Foreign National Spouse Can Be From Any Country.
A valid marriage from anywhere is acceptable.
If your spouse is a foreign national and is currently not in the United States you can bring him or her using a marriage visa.
What is a Marriage Visa?
A marriage visa is an immigrant visa petition that leads to a green card or permanent residency for a spouse of a U.S. Citizen. This process is normally utilized by couples where the foreign spouse has no current U.S. Visa and is not present in the United States. This process is often referred to as an I-130 Consular Processing Application. In the alternative, a spouse with a valid visa, who is already present in the United States, may be able to “adjust status” to that of a legal permanent resident.
What is needed for a Marriage Visa?
The requirements:
- The person making the request for the visa must be a U.S. Citizen or a Green Card Holder.
- The marriage between the spouses must be legally valid and binding. All prior marriages must be concluded with a valid divorce. A common law marriage may be eligible for marriage visa, as long as the country of origin views it equivalent to that of an actual marriage. However, with common law marriages, it is best to just go ahead and get actually married.
- The U.S. Citizen petitioner must be able to financially sponsor the spouse.
How Much does a Marriage Visa Application Cost?
Marriage Visa Fees:
- USCIS I-130 Fee: $535.00
- State Department Affidavit of Support Fee – $120.00
- State Department Immigrant Visa Fee $325.00
- Immigrant Visa Physical Exam Fee – Generally between $150.00 – $350.00
- USCIS Immigrant fee – $220.00
What is the normal processing time for a Marriage Visa?
Although the processing times often vary, generally speaking most applications should be concluded within 6 to 12 months. Certain countries with higher security concerns or large volume of visa applicants can take a bit longer.
Are There Other Options? Six To Twelve Months is Too Long To Wait!
Certain situations may allow a couple to utilize a different type of visa and then adjust status to that of a green card holder while in the United States. Please contact Marriage Visa Immigration Lawyer Mario Musil to discuss your particular situation further.
Can The Spouse Bring Their Children?
Yes, the unmarried and under 21 years old children of your spouse can follow their parent to the United States and also obtain a green card. The children must have been under 18 prior to the marriage, if they are not the biological children of the U.S. Citizen.
Can Same Sex Couples Apply For Marriage Visas?
Yes, same sex couples are eligible to apply for marriage visas.
Should I Hire A Marriage Visa Attorney?
Although you may be able to prepare the petitions and go through the process on your own, submitting the petition incorrectly can lead to a denial that may have other consequences in the future. Not knowing all of the nuances involved can prolong the process and sometimes lead to minor children aging out. The process involves working with multiple agencies, including U.S. embassies that are very difficult to communicate with. An experienced Immigration Lawyer can guide you through the entire Marriage Visa process and help ensure a successful outcome.