Immigrants who travel to the U.S. to marry a citizen need a tourist or fiance visa. It is wiser to get a fiance visa if one plans to stay in the U.S. The main requirement to get a fiance visa is eligibility to marry. Impediments to this requirement include one of the parties being under age 18. The laws of the state where the parties marry govern this situation. Some states allow marriages between under-aged couples. Another requirement is proof that previous marriages ended. A certified divorce decree or a divorce decree act as proof in this circumstance.
The intended spouse must be a U.S. citizen and the parties must have met within the last two years. In order to marry, the intended must:
have been born in the U.S. or its territories
became a citizen through naturalization
acquired citizenship through a family member
Some people may feel more secure working with an immigration lawyer. MyRights Immigration is one of Denver’s leading firms for immigration proceedings. If the intended spouse is a permanent resident, they may apply for permanent residency for the fiance after they marry. Many people marry U.S. Citizens just to get a green card. In order to stop this, U.S. immigration requires that fiance visa applicants must have met in person within the last two years. Immigration may waive this rule if the fiance is from a country that forbids couples from meeting before the marriage. Additionally, due to recent court decisions, same-sex couples can apply for fiance visas. The government does not recognize civil unions or domestic partnerships. Therefore, the couple must marry in a state that recognizes same-sex marriage.
Once married, the immigrant may apply to become a permanent resident. The U.S. sponsor files a form I-130 on behalf of the applicant. Meanwhile, the I-485 application is completed by the applicant. The documentation package includes a copy of the marriage certificate, two passport photos of the applicant and fees of $1405. The sponsor must also provide proof of U.S. citizenship. Shortly after the applications are filed, the parties have to attend a green card interview. The government is trying to determine whether the marriage is real or fraudulent. Finally, the immigrant receives a conditional green card which is valid for two years. Applicants must file for a permanent green card ninety days before the two-year period ends. The entire immigration process is complicated and it is wise to get a Myrights attorney to guide you.
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