US Spouse or Fiancé Visa
Any U.S. citizen or permanent resident of the country who is currently engaged or married to a citizen of another country has a spouse or fiancé who may be entitled to a green card. However, this citizenship opportunity will not take place overnight.
A U.S. citizen with a foreign spouse or fiancée/fiancé needs to consult current United States immigration legislation. Your fiancé or spouse has to undergo rigid multi-step application procedures before securing a U.S. visa.
Many foreigners find this technique as the fastest means to get hold of permanent residence in the United States. There are no quota limitations as to the people who may get the US green card by being married to a citizen in the U.S. The Citizen and Immigration Services is not very keen on the bona fide status of this kind of marriage especially when the person, who has just arrived from another country, weds one of its citizens and applies right away for a marriage based green card. The marriage should be lawful before the person seeking citizenship is granted the US visa. A wedding should have occurred and attended by the parents and kin of the spouse. The couple should also show proof of mutual property and shared income tax returns. It will help a lot if the couple has a child.
Procedures in Obtaining Green Cards through Marriage
The procedure is relatively complicated and can take several months. There is one way for the couple to gain legal entry into the U.S. prior to any legal wedding. This is made through a legal petition for the Alien Fiancé. The couple should be at liberty to marry each other, which means that not one of you is currently married to another individual, before even considering a green card through marriage. You will be obliged by US citizen and immigration services to submit proof that you are getting married within three months after returning to the United States. You must not go back at once if you want a longer engagement.
You will be allowed to file your US green card through marriage provided that you have been meeting with your soon-to be-spouse several times during the two-year period before your marriage. However, if cultural customs are violated or a personal meeting is impossible, this condition can be put aside. The only time to submit an application for this type of visa is after the application has been approved.
Complete all Pre-Conditions
The fiancé needs to pass the medical examination and a couple of interviews at the USCIS. You are expected to complete more paperwork while presenting proof of financial stability before the marriage. When all requirements are fulfilled and the fiancé’s visa has been approved, the couple can now enter the country and proceed with the marriage. Failure to comply within the next 90 days can result in deportation and you will have problems of entering the country again.
Foreign spouses are obligated to hand in the Form I-485 from immigration services to obtain permanent residency right after the wedding. Should this be approved, you can obtain a provisional resident card which is effective for only 24 months. When this period is about to expire, you can file Form I-751 to take away the restrictions of the green card and give you permanent residence.