If you're a U.S. citizen or lawful permanent resident who married someone from another country, you might be thinking about settling down with your new spouse in the U.S. To do so, you'll need to apply for a marriage visa so they can come to the U.S. and become a lawful permanent resident.
Of course, immigration law can be difficult to understand on your own, so you should consult an experienced immigration attorney before you begin the marriage visa process.
When you hire Busayo Fasidi Law Firm, you can rest assured that our legal team understands the immigration laws surrounding marriage visas, so we'll work hard to make this a seamless process that results in a marriage-based green card for your foreign national spouse.
The marriage visa available to your foreign spouse depends on your legal status, since citizens and permanent residents are eligible to apply for different spouse visas.
For U.S. citizens married less than 2 years to a foreign national spouse
For U.S. citizens married more than 2 years to a foreign national spouse
For lawful permanent residents sponsoring their foreign national spouse
For U.S. citizens engaged to foreign nationals (K-1) or married abroad (K-3)
You must be a United States citizen or lawful permanent resident to sponsor your spouse.
You must be legally married according to the laws of the country where the marriage took place.
You must demonstrate the ability to financially support your spouse at 125% above the U.S. poverty guidelines.
Your marriage must be genuine and not entered into solely for immigration benefits.
There are two main pathways to obtain a marriage-based green card
For spouses who are outside the United States
Submit Form I-130 (Petition for Alien Relative) with supporting documentation proving your relationship and eligibility.
USCIS reviews your petition and supporting documents to verify your eligibility and relationship.
Once approved, your case is transferred to the National Visa Center (NVC) for further processing.
Submit Form I-864 (Affidavit of Support) to demonstrate your ability to financially support your spouse.
Your spouse undergoes a medical examination with an approved physician in their home country.
Your spouse attends an interview at the U.S. embassy or consulate in their home country.
If approved, your spouse receives their immigrant visa to travel to the United States.
After arriving in the U.S., your spouse receives their green card (permanent resident card) by mail.
For spouses who are already legally present in the United States
Submit Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) together with supporting documentation.
Your spouse attends a biometrics appointment to have their fingerprints, photograph, and signature taken for background checks.
If applied for, your spouse may receive Employment Authorization Document (EAD) and Advance Parole (travel document) while the case is pending.
Your spouse undergoes a medical examination with a USCIS-designated civil surgeon in the United States.
Gather additional evidence of your bona fide marriage to present at the interview, such as joint financial documents, photos, and correspondence.
Both you and your spouse attend an interview at your local USCIS office where an officer will verify the legitimacy of your marriage.
USCIS makes a decision on your case, either approving the adjustment of status or requesting additional evidence.
If approved, your spouse receives their green card (permanent resident card) by mail, typically within a few weeks of approval.
U.S. passport, birth certificate, naturalization certificate, or green card.
Tax returns, W-2 forms, employment verification letter, and bank statements.
Documentation showing legal termination of any previous marriages.
Recent color photographs meeting U.S. visa photo requirements.
Official marriage certificate with certified translation if not in English.
Joint bank accounts, insurance policies, lease agreements, photos together, correspondence, and travel records.
Birth certificate, passport, divorce decrees (if applicable), and police certificates.
Completed by a USCIS-approved physician in the beneficiary's home country.
Lawful permanent residents and citizens alike can sponsor their spouse before starting a life in this country, but the process is often too complicated to handle alone. Our experienced team provides comprehensive assistance at every stage:
We evaluate your situation to determine the most appropriate visa category and identify potential challenges.
We help you prepare and file Form I-130 and all supporting documentation with meticulous attention to detail.
We guide you in collecting and organizing compelling evidence of your genuine marriage to satisfy USCIS requirements.
We assist in preparing the Affidavit of Support and gathering the necessary financial evidence to meet USCIS requirements.
We thoroughly prepare your spouse for the visa interview at the U.S. embassy or consulate, including practice questions and documentation review.
We help address potential issues such as criminal history, previous visa denials, or requests for evidence from USCIS.
Marriage visa processing can take 1-2+ years depending on the visa type and country of origin.
We ensure all documentation is complete and accurate to avoid unnecessary delays and can help with expedite requests in certain circumstances.
USCIS scrutinizes marriage-based petitions carefully to prevent immigration fraud.
We help you gather compelling evidence of your genuine relationship and present it effectively to immigration officials.
Meeting the financial support requirements can be challenging for some petitioners.
We help identify alternative sources of financial support, such as assets or joint sponsors, to meet the income requirements.
Some countries have additional requirements or longer processing times for visa applications.
We have experience with visa applications from various countries and can navigate country-specific challenges effectively.
Previous immigration violations, criminal history, or other factors can lead to inadmissibility.
We develop strategies to address inadmissibility issues, including waivers when available, to overcome potential grounds of denial.
USCIS may request additional documentation, causing further delays in processing.
We anticipate potential RFEs and prepare comprehensive initial submissions to minimize the likelihood of additional requests.
Let our experienced team guide you through the marriage visa process with expertise and dedication.