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Marriage-Based Visa

A marriage-based visa allows a U.S. citizen or lawful permanent resident to sponsor their foreign spouse for immigration to the United States.It’s a common path to obtaining a green card and permanent residency.

Key points about marriage-based visas

Two-Step Process: The process typically involves two steps:

  • Petition for Alien Relative (Form I-130): The U.S. citizen or permanent resident files this petition with USCIS to sponsor their foreign spouse.
  • Consular Processing or Adjustment of Status: Once the petition is approved, the foreign spouse either goes through consular processing at a U.S. embassy or consulate abroad, or adjusts their status within the U.S. (if they are already in the country legally). 

Conditional Permanent Residency: If the marriage is less than two years old when the foreign spouse enters the U.S., they will receive a conditional permanent resident status. After two years of marriage, they must file a petition to remove the conditions.   

Evidence of Bona Fide Marriage: To prove the authenticity of the marriage, couples may need to provide evidence such as joint bank accounts, joint leases, shared addresses, photographs, and testimony from friends and family.

Processing Time: The processing time for marriage-based visas can vary depending on various factors, including USCIS backlogs and individual circumstances.  

It’s important to note that marriage-based immigration can be complex, and it’s advisable to consult with an immigration attorney to ensure a smooth process.

Frequently Asked Questions

A marriage-based visa allows a U.S. citizen or lawful permanent resident to sponsor their foreign spouse for immigration to the United States.

The process typically involves two steps: filing a petition for alien relative (Form I-130) and either consular processing or adjustment of status.

If the marriage is less than two years old when the foreign spouse enters the U.S., they will receive conditional permanent resident status. After two years of marriage, they must file a petition to remove the conditions.

Couples may need to provide evidence such as joint bank accounts, joint leases, shared addresses, photographs, and testimony from friends and family.

The processing time can vary depending on various factors, including USCIS backlogs and individual circumstances.

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