Chicago Marriage Visa Lawyer

What Is a Marriage-Based Green Card?

A marriage green card is a legal document that grants foreign nationals lawful permanent resident status based on their marriage to a U.S. citizen or permanent resident. The green card allows the foreign spouse to live and work in the U.S. indefinitely.

Marriage Visa vs. Marriage Green Card

While “marriage visa” and “marriage green card” are often used interchangeably, there's a key distinction.

A marriage visa allows your spouse to enter the U.S. legally in order for you to begin building a life together. The CR-1 and IR-1 are both marriage visas.

The term “marriage visa” can also apply to the K-1 visa, or fiancé(e) visa, which allows your future spouse to enter the U.S. so that you can get married.

Conversely, a marriage green card grants permanent residency in the U.S. to the spouse of a citizen or current green card holder.

You do not need a marriage visa if your spouse is already legally in the U.S. Instead, your spouse can apply for an adjustment of status to become a marriage green card holder. This will enable them to reside and work in the U.S. as a permanent resident.

Types of Marriage Visas

Each type of marriage-based visa has specific requirements and processing steps.

K-1 Fiancé(e) Visa

A K-1 visa allows your foreign fiancé or fiancée to enter the country for 90 days with the sole purpose of getting married. You must marry within that time frame and then initiate the green card process together.

This option is ideal for unmarried couples who want to be reunited quickly and live in the U.S. before starting the green card process. Remember, however, that marriage is required within 90 days of entry.

CR-1 Spousal Visa

The CR-1 spousal visa allows your foreign spouse to enter the U.S. if you've been married for less than two years. The U.S. citizen spouse starts the process by filing I-130, Petition for Alien Relative. If approved, the foreign spouse can then receive a conditional green card. The conditional status can later be removed.

IR-1 Spousal Visa

The IR-1 visa is for spouses of U.S. citizens who have been married for at least two years at the time of visa approval. Unlike the CR-1 visa, which grants conditional residency, the IR-1 visa provides unconditional permanent residency. This means that the foreign spouse receives a 10-year green card without needing to file to remove the conditional status.

The CR-1 or IR-1 spousal visa with concurrent filing is a popular option for couples who are already married and intend to stay in the U.S. This involves filing Form I-130 and Form I-485, Application to Register Permanent Residence or Adjust Status, at the same time. This can streamline the process compared to filing the petitions sequentially.

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Marriage Visa Requirements

Every marriage-based visa application must prove that the relationship is real and meets the following legal requirements.

U.S. Citizen or Permanent Resident Sponsorship

To qualify for a marriage green card, you must have a sponsoring spouse who is either a U.S. citizen or a lawful permanent resident (green card holder). Your spouse's immigration status will determine the specific path you follow.

Financial Requirements

The sponsoring spouse must earn above a set income level to ensure they can financially support their partner. If they don’t meet this threshold, they can seek the help of a joint sponsor who will accept financial responsibility for the foreign spouse.

Bona Fide Marriage

Immigration officers look for evidence that the marriage wasn’t entered into just for a green card. To prove a bona fide marriage, visa applicants might include joint bank accounts, shared leases, travel history, and statements from family and friends in their applications.

Medical and Criminal Admissibility

The immigrant spouse must undergo a comprehensive medical exam by an approved doctor, who will confirm the absence of certain health conditions. Additionally, the spouse must have a clean criminal record, which will be verified through background checks. If concerns arise, waivers may be granted on a case-by-case basis.

Age Requirements

Each spouse must meet the minimum age requirement to obtain a marriage green card. Typically, both spouses must be at least 18 years old.

If there are complications, like a previous visa denial, an age gap that raises questions, or missing paperwork, an experienced immigration attorney can make all the difference.

Marriage Visa Application Process: A Step-by-Step Guide

Here are the basic steps involved in securing a marriage-based green card for your foreign spouse.

Verify Your Eligibility

If you're a U.S. citizen or a green card holder with a valid marriage, you may be eligible to sponsor your foreign national spouse for a permanent marriage green card.

Submit Form I-130

As the sponsoring spouse, you will file Form I-130 with USCIS. This petition establishes your relationship and initiates the application process. Processing times vary, but approval generally takes several months.

Wait for a Visa

After Form I-130 is approved, the case will be transferred to the National Visa Center for further processing. If you're a U.S. citizen, your spouse may proceed to the next step; if you're a lawful permanent resident, they may need to wait for a visa number to become available due to annual quotas.

Apply for Adjustment of Status or Go Through Consular Processing

If your spouse is already in the U.S., they can file Form I-485 to become a lawful permanent resident; if they are abroad, they must undergo processing at the appropriate U.S. embassy or consulate.

Schedule a Biometrics Appointment and Visa Interview

Next, the foreign spouse may have to attend a biometrics appointment and an interview. The interview is designed to assess the validity of the marriage and the general authenticity of the relationship.

Receive Your Green Card

Once USCIS approves your spouse's application, they'll receive a green card granting them lawful permanent resident status.

If the marriage is less than two years old when the green card is granted, your spouse will receive a two-year conditional green card. You can remove the conditional status by jointly filing Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card expires.

Need Help with Your Application? Reach Out to Us Today!

Are you and your spouse ready to begin a new chapter in the U.S.? Our seasoned attorneys can help you obtain a marriage-based green card.

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Overcoming Challenges for Marriage Visa Success

Bringing your spouse to the U.S. shouldn't be an occasion marked by frustration. SimVisa can help you overcome many common challenges, such as:

• Proving a bona fide marriage: We’ll help gather joint financial records, proof of cohabitation, and travel history to validate your relationship.
• Meeting income requirements: You’ll receive guidance on income thresholds, evidence of income, and qualified joint sponsors.
• Medical concerns or criminal history: We’ll address potential setbacks due to legal or medical issues.
• Interview preparation: We’ll make sure you feel confident and can present your case clearly and effectively.

You don't have to go through the immigration process without help. Contact SimVisa today and take the first step toward your happily ever after.