Sponsoring a Fiancé or Spouse for a Green Card
by
Ilona Bray, J.D.
Planning your immigration strategy is as important as planning your wedding.
If you are a U.S. citizen or permanent resident, and you are engaged or already married to a citizen of another country, that person may be eligible for a green card. However, many people believe, wrongly, that they can just bring their fiancé or spouse to the United States and the immigrant will be given an instant green card or even U.S. citizenship -- a belief that has led to sad cases of people being sent right home again.
Your fiancé or spouse will have to go through a multi-step application process. It's your job to start the process, by submitting either a fiancé visa petition (only available if you're a U.S. citizen, but can be used whether you are already married or just engaged) or an immigrant visa petition. (For more information, see First Step for Family and Employment Green Cards: The Visa Petition.) Your fiancé or spouse can't enter the U.S. until both the petition and subsequent applications have been approved.
Note: If you're not yet a U.S. citizen, but have U.S. permanent residence (a "green card"), you cannot bring your fiancé to the United States until you're married -- and even then, you can bring your spouse only after he or she spends some years on a waiting list.
No matter what, be prepared for a long wait. Every type of visa application involves several stages, including application forms, a medical examination, fingerprinting, and various approvals.
Eligibility for Various Visas
The requirements for the fiancé visa and the marriage visa are different.
Fiancé Visas
To qualify for a fiancé visa, the immigrant must:
- intend to marry a U.S. citizen
- have met the citizen in person within the last two years, and
- be legally able to marry.
|
