Love is not always contained in borders. It is not uncommon for people to fall in love with people from other states or even countries.
For couples separated by nationality, navigating immigration laws can feel overwhelming. Fortunately, there are several pathways that allow couples to build a life together in the United States, depending on their marital status and circumstances.
Main Options
There are several main options for a visa, depending on whether your significant other is your spouse or your fiancé(e):
If you are a U.S. citizen and you married someone who lives in another country, you have two ways to bring your husband or wife to the United States to live:
- Immigrant visa for a Spouse of a U.S. Citizen (CR-1). The CR-1 is a conditional resident visa for couples who are already married and have been married for less than two years. The foreign spouse enters the U.S. as a conditional green card holder. They can work immediately without a separate work permit.
- Immigrant visa for a Spouse of a U.S. Citizen (IR-1). The IR-1 visa applies if you have been married for more than two years. It grants a permanent (10-year) green card with no conditional status.
- Non-immigrant visa for spouse (K-3). The K-3 is a non-immigrant visa for a foreign spouse of a U.S. citizen that allows them to enter the U.S. sooner and live with their spouse while their green card case is pending. It was created to reduce long separation times between married couples, but it is rarely used nowadays.
If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here with a non-immigrant visa for a fiancé(e) (K-1). This is the best option for couples who are not yet married and want to marry in the United States.
There are a couple of requirements:
- One partner must be a U.S. citizen.
- You must have met in person within the last two years.
- You must marry within 90 days of entry.
After the fiancé(e) arrives in the United States, they must apply for an Adjustment of Status to become a permanent resident.
Keep in mind that same-sex spouses of United States citizens and Lawful Permanent Residents, along with their minor children, have equal access to all marriage-based visas. They are eligible for the same immigration benefits as opposite-sex spouses.
The Process
The marriage-based green card process involves the following steps:
Step 1: File the Immigrant Petition (Form I-130)
The process begins with the U.S. spouse filing Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services. This establishes the qualifying relationship. Supporting documents typically include the marriage certificate, joint financial records, and photos of the couple together.
Step 2: Choose the Processing Path
After filing, the case follows one of two tracks:
- Consular processing (when the spouse is outside the U.S.): The case is transferred to the National Visa Center. You will submit additional documents and fees and attend an interview at a U.S. embassy or consulate.
- Adjustment of status (when the spouse is inside the U.S.): File Form I-485 (Application to Register Permanent Residence). The spouse remains in the U.S. while the case is pending.
Step 3: Financial Sponsorship (Form I-864)
The sponsoring spouse must prove they can financially support the applicant by filing Form I-864 (Affidavit of Support). They must meet minimum income thresholds (usually 125% of the federal poverty level) and provide tax returns, W-2s, and employment verification.
Step 4: Biometrics Appointment
The applicant attends a biometrics appointment where fingerprints, photos, and signatures are collected for background checks.
Step 5: Medical Examination
The applicant must complete a medical exam with an approved physician to confirm required vaccinations and ensure there are no disqualifying health conditions.
Step 6: Marriage Interview
Most couples must attend an interview with U.S. Citizenship and Immigration Services (or a U.S. consulate abroad). You will be asked questions about your relationship history to prove the marriage is genuine. Couples may be interviewed separately if there are concerns.
Step 7: Approval and Green Card Issuance
If approved, you will receive the appropriate green card. A CR-1 is valid for two years, while an IR-1 is valid for 10 years.
FAQs
Q: How long does it take to get a marriage-based green card?
A: Processing times vary depending on the case type. Applications through U.S. Citizenship and Immigration Services typically take 10 to 24 months, though delays can occur based on workload, background checks, and whether additional evidence is requested.
Q: Can I work while my green card application is pending?
A: Yes. If you apply for Adjustment of Status, you can request a work permit through U.S. Citizenship and Immigration Services. Once approved, you can legally work while waiting for your green card.
Q: Can I travel while my application is pending?
A: If you are applying from within the U.S., you must obtain advance parole before leaving. Traveling without it may result in your application being considered abandoned by U.S. Citizenship and Immigration Services.
Q: What happens if we divorce during the process?
A: If the divorce occurs before approval, your application may be denied. If it happens after receiving a conditional green card, you may still apply to remove conditions by requesting a waiver and proving the marriage was entered in good faith.
Contact Us Today
Immigration laws can be complex. For couples looking to build a life together, there are a couple of options.
The Texas immigration attorneys at Andrew T. Thomas understand that love knows no borders. We are ready to help you live the American dream with the love of your life and your family. We offer legal strategies designed to meet each client’s goals. To schedule a consultation, call our office today at (972) 666-7568 or fill out the online form.