Thursday, February 5, 2015

Marriage in the USA - Bringing Your Spouse to the USA

Each year over 400,000 US citizens marry non US persons and file petition for them to obtain permanent residence in the USA.There is lot of marriage based immigration to USA.Spouses of US citizens are called "immediate relatives" under the immigration law.As this is the easiest method of getting the US visa,mostly people generally perform fake marriages and all.So the USCIS(United States citizenship and Immigration Services) is very strict about all the processing and Marriage visa applications.Those who are considering to bring their spouses or fiance to the USA,should keep the following tips in their mind:

1) LEGAL STATUS : The duration of bringing spouse to the USA is totally dependent on  legal status of the US person.As there are categories of US residents like US citizen, green card holders,Non immigrant visas etc, so the processing  time depends upon the legal status of the person.
  • If a person is US Citizen,then the processing time for getting the immigrant visa for the spouse after marriage is the shortest and usually takes up to 8 to 12 months.If the person is getting married to the US citizen then there are several option like K1 Visa  or K3 visa or immigrant visa.One must compare these options carefully and select the most appropriate option.

  • If the US person is Green card holder,then the green card petition for the spouse will be filed in the F2A category which is limited under annual quotas.The person have to wait for several years before being able to go to the USA .The person have to wait generally for 5 years and meanwhile one will not be able to apply for tourist visa or immigrant visa such as student visa.But they are still eligible for H-1 Visa and L-1 visa if qualified independently.Therefore make sure that you have to wait for long if you decide to marry the US green card holder.

  • If the US person is on Non-immigrant visa such as H-1 visa,L-1 visa or F-1 visa,then their spouses can go to US immediately on dependent visas such as H-4 visa,L-2 and F-2 visas.But as they are non immigrant visas,so they have limited time of validity. If the primary visa holders applies for the Green card then the validity of dependent visa will automatically extends along with primary visa holder. 

 So before getting married to the US person,make sure to clarify the legal status of that person because your visa is totally dependent on the status of that person.

2)DOCUMENTS: Before getting married to US person, first check their all kind of necessary documents such as social security card,driving license and makes copies to keep it with you.The proofs of income tax and returns are necessary as they are required for affidavit of support purposes.

 3) K-1 VISA: If the person already petitioned for K-1 Visas twice in the past, then they cannot file petition for third time.Keep in mind this thing.

4) The US person can change his/her mind anytime and he/she may not file your green card petition even after getting married to you.Even after marriage,he/she can still withdraw petition at anytime.

5)Even if you have never been to the US,still your partner can file divorce case against you in his/her state of residence and US can grant such type of divorces easily.

6)If you are just getting married to obtain a green card then it is considered as fraud and punishable crime. Up-to $250,000 fine and up-to  years of prison is the punishment for such crimes.

7)While waiting for the green card petition to be approved,keep the constant contact with your spouse to show the genuine relationship and support.

To find out how you can petition to have your spouse live in the U.S. permanently, please contact or hire any professional lawyers and they  will help you identify what you and your spouse need to do
.Visit to the website given below if you have any questions regarding how to immigrate to USA.

Know more here ..Marriage in the US

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