Navigate the Path to U.S. Residency: Green Card Guidance for Fiancés and Spouses

At Sapochnick Law Firm, we know that the journey to marriage is filled with anticipation and dreams, and when your partner is from another country, the legal process of securing a green card becomes a significant part of your shared journey.

If you're a U.S. citizen or permanent resident deeply in love with a non-U.S. citizen, you may be thinking about the next steps to start your life together in the United States. Many couples mistakenly believe that marriage to a U.S. citizen opens an immediate path to a green card or citizenship for the immigrant spouse—sadly, this misconception has led to disappointing situations where partners are turned away at the border.

Your loved one's transition to U.S. residency requires a meticulous multi-step process. It's crucial that you initiate this journey, choosing the right petition—either a fiancé visa (K-1 visa) if you're a U.S. citizen or an immigrant visa petition once you're wed. Be aware that as a U.S. permanent resident, you cannot sponsor a fiancé, and your spouse may face a waiting period even after marriage.

The road to a green card is paved with various stages, including comprehensive paperwork, health examinations, fingerprinting, and a series of approvals; patience is indispensable.

Every visa category has its distinct set of criteria.

Intending to marry a U.S. citizen, having met in person within the past two years, and being legally free to marry are the foundational requirements for a fiancé visa. Unfortunately, this visa category cannot help if your partner is already stateside.

The proof needed to establish the validity of your relationship includes evidence of your in-person meeting within the required timeframe and evidence of your intent to marry, such as correspondence, phone records, and contracts related to wedding planning.

If you haven't met due to extenuating circumstances, such as stringent cultural customs or severe hardship for the U.S. partner, U.S. immigration authorities may waive the meeting requirement.

To be eligible for a green card through marriage, the immigrant must be legally wed to a U.S. citizen or resident (regardless of where the marriage takes place), not be in another concurrent marriage, and be genuinely married for love, not solely for the purpose of obtaining residency status.

Authenticating your marriage often requires a government-issued marriage certificate. Demonstrating a bona fide marriage involves sharing financial records, children's birth certificates, wedding photos, personal correspondence, and more, to substantiate the depth of your relationship.

All visa applicants must prove that they're not inadmissible, meaning they have no serious criminal records or communicable diseases that pose public health risks.

Note: An immigrant who enters the U.S. with a nonimmigrant visa for the primary purpose of marrying a U.S. resident may face allegations of visa fraud. This can lead to a denial of the green card application.

Where and how an immigrant spouse applies for a green card is contingent on various factors, such as the current location, the legality of their entry to the U.S., and who they are marrying. Proficient guidance is essential for navigating forms, assembling the correct documentation, and succeeding in the final interview.

At Sapochnick Law Firm, we're committed to supporting you through these pivotal moments. Our insightful resources and experienced attorneys ensure you're well-equipped for this significant life event. If you're ready to begin the process or have questions, please contact us at 619.819.9204, and allow the Sapochnick Law Firm to guide you and your loved one to a successful future together in the U.S.