Spouse of U.S. Citizen
Overview: U.S. citizens who marry foreign nationals can almost always sponsor their spouse for permanent residency in the United States. As a permanent resident (green card holder), the foreign national spouse is eligible to live and work in the United States and may be eligible to obtain U.S. citizenship after three years.
Qualifications: The U.S. citizen and the foreign national spouse must be lawfully married. Whether the wedding was inside or outside of the United States does not matter.
Foreign national spouses may often overcome certain indiscretions that would otherwise bar them from obtaining permanent residency (i.e. unauthorized work and being in the United States without authorization).
Process:
If the foreign national spouse is inside the United States:
If the foreign national spouse is inside the United States, it is possible to gain permanent residency without leaving the United States. The process will require the submission of a petition to the USCIS. Additionally, the couple will eventually need to appear for an interview with an immigration agency official.
When the foreign national spouse applies for adjustment of status, he or she may also request work authorization and the ability to travel abroad. If all goes well and the petition for adjustment of status is granted, the foreign national spouse will be granted a “green card” as a permanent resident of the United States. This will be accomplished without the need to leave the United States.
If the couple is recently married, the foreign national will only be granted conditional permanent residency, and will need to complete additional steps before the conditions on the permanent residency are removed.
If your spouse is outside of the United States:
If your spouse is outside of the United States, the process for obtaining permanent residency will involve a few additional steps than if your spouse is in the United States. First, the U.S. Citizen spouse will need to submit a petition to the USCIS and demonstrate that a bona fide family relationship exists. Once the petition to USCIS is approved, the foreign national spouse will need to interview with a U.S. official at a U.S. consulate abroad. After the interview, a visa will be issued that will allow the foreign national spouse to enter the United States and reunite with their U.S. Citizen spouse. Once in the United States, the foreign national spouse will be provided lawful permanent residency and will be able to work and travel abroad.
If the couple is recently married, the foreign national will only be granted conditional permanent residency, and will need to complete additional steps before the conditions on the permanent residency are removed.
Marriage Visa Costs:
The initial costs for filing a marriage visa depends upon whether the applicant is consular processing or adjusting status while in the United States.
If adjusting status while inside the United States, the government filing fee is: $1490
If consular processing while outside the United States, the government filing fee is: $420 (additional government fees will be payable later in the process)
Marriage Visa:
Frequently Asked Question
Can I transform a K-1 Fiance visa into a Marriage visa?
No. Unfortunately, a k1 beneficiary cannot transform a k1 visa into a k3 visa. If a k1 beneficiary marries before entering into the United States, the foreign national spouse cannot use the k1 visa to enter the United States and must apply for a new visa (most likely a k3 visa).
Will my children be able to come to the United States with me on a marriage visa?
Generally, yes. Children who are under the age of 21 will be able to enter the United States and become lawful permanent residents. Additionally, in certain circumstances it is possible for such children to qualify for automatic citizenship (but only in certain circumstances).
Will the foreign national spouse be able to obtain work authorization?
Yes. If the foreign national spouse is outside of the United States, he or she will be work authorized upon entry into the United States as a permanent resident. If the spouse is inside of the United States, then the spouse can apply for work authorization when a marriage visa and adjustment of status application is filed.
After Obtaining Permanent Residency:
Can a Marriage Visa Applicant Apply for Citizenship?
Yes, after three years of permanent residency, a noncitizen spouse is eligible to become a naturalized U.S. Citizen (if otherwise qualified).
Can a Marriage Visa Recipient Travel Abroad?
Yes. After obtaining permanent residency, a noncitizen spouse may be able to freely travel abroad. However, care must be taken to ensure that the permanent resident does not “abandon” his or her permanent residency by staying abroad for a significant amount of time.
More Information:
For more information, please visit the USCIS website. To learn if your spouse is eligible for permanent residency in the United States, please contact Gafner Law Firm.