This article discusses immigration options if you get married in the United States and your foreign spouse entered legally.
1
Talk to an Immigration Attorney BEFORE Planning the Wedding
Before you reserve the church and purchase the cake, you should talk to an immigration attorney if one of you is not a US citizen. Marriage may impact your immigration status and your ability to travel internationally and return to the United States. You should discuss your specific situation and determine the best strategy before you make all of your wedding plans.
2
Visa Availability
Spouses of U.S. citizens are considered "immediate relatives." Immediate relatives are exempt from the numerical quotas that limit other types of family petitions. However, there may be long delays in processing your petition. You will want to consider these delays when deciding whether to marry in the United States or marry in the foreign country. Some couples even have a basic ceremony in the US, file the applications, and then have a big family wedding in the location of their choice once work and travel is authorized, which occurs in about 90 days.
3
Filing for Your Spouse’s Green Card
Once you are married, the US citizen spouse should file an I-130 visa petition with the US Citizen and Immigration Service (“USCIS”). If the foreign spouse entered the United States legally, you can also file an application for permanent residency at the same time
4
Supporting Documents
Your application should include proof that you married because you and your spouse intend to live your lives together, and not solely for immigration benefits.
The permanent residency application must also include proof that you or a co-sponsor are able to support your spouse financially.
The foreign spouse must get a medical exam from a doctor approved by the USCIS.
With the I-485 application, your spouse may also request authorization to work and travel internationally while the permanent residency application is pending.
5
USCIS Processing
Processing times for these applications vary greatly in different cities. The average time for a permanent residency application based on marriage is between 6 and 10 months.
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