If you are marrying someone from Haiti, and would like to sponsor your new husband or wife for a U.S. green card (lawful permanent residence), keep reading, for some important legal and practical guidance.
(Warning: This is a general overview of how the U.S. immigration process works for most people. Your situation may present complications or qualify for exceptions; see an experienced attorney for a full analysis.)
First, a little background on U.S. immigration law. Marriage to a U.S. citizen or lawful permanent resident provides foreign-born persons a direct path to U.S. immigration. Contrary to popular rumor, however, they do not immediately or automatically receive green cards or U.S. citizenship.
If you are a U.S. citizen, your new spouse becomes your "immediate relative," and may receive a green card as soon as the two of you successfully complete the application process. This can take several months.
If you are not yet married and your fiancé is still in Haiti, you can, if you are a U.S. citizen, petition for him or her to enter the U.S. as a fiancé in order to get married in the United States. After the wedding, your new spouse can apply for a green card. You can also choose to get married first in Haiti or another country, and then apply for an immigrant visa with which to enter the U.S.: the equivalent of a green card.
If you are a lawful permanent resident, your foreign-born spouse is considered a "preference relative," in category 2A of the visa preference system. Your spouse can complete the process of applying for a green card (and enter the U.S.) only after a visa number has become available. Annual limits on the number of visas given out in category 2A can create years-long waits. The waiting time changes periodically, which makes it difficult to predict just how long you will need to wait for your spouse to immigrate. The application process itself adds more months to the process. U.S. permanent residents cannot petition for fiancés.
The application process for a green card based on marriage involves multiple steps, such as submitting forms and documents and attending an interview with U.S. immigration authorities. The purpose of all this is to prove:
Procedurally, there may exist more than one option as to where and how you apply, as described below.
If you and your intended spouse (who lives outside the U.S.) have not yet married--or have held an informal ceremony that does not count as an official marriage in the location where it was held--you can apply for a temporary (90-day) visa with which your fiancé can enter the U.S. and hold the wedding.
The U.S. citizen starts this process by filing a visa petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the I-129F, it will transfer the case to the National Visa Center in New Hampshire, which eventually will send the case to the U.S. consulate in Port au Prince, Haiti. Your fiancé will apply for a K-1 visa through the consulate. This involves submitting forms and documents and attending an interview with a consular official. You, the petitioner, are allowed to attend this interview, though it is not required.
After your marriage in the U.S., your new spouse applies to USCIS for a green card, through a process called adjustment of status. The two of you will attend a green card interview at a local USCIS office.
If you and your husband or wife have already gotten married, and your spouse is currently in Haiti, you will start the green-card application process by filing Form I-130 with USCIS. After USCIS approves the I-130, spouses of U.S. citizens can continue on with visa processing, while spouses of permanent residents must wait (around up to two years, in most cases, as of 2016) for a visa to become available in their category.
After paying various fees and submitting documents to the National Visa Center in New Hampshire, your spouse will next go through consular processing for an immigrant visa. This means your spouse submits additional paperwork to, and attends an interview at, a U.S. consulate in Port au Prince, Haiti. (The U.S. petitioner may attend, but is not required to.)
Upon approval, your spouse enters the U.S. on an immigrant visa, at which time he or she becomes a lawful permanent resident.
The U.S. currently has only one embassy in Haiti, which is located in Port au Prince and handles both immigrant and nonimmigrant visas.
You will be given instructions (and eventually, an appointment notice) when your case is transferred to the embassy in Port au Prince, and can also check the embassy’s website for information.
If your spouse happens to be living in a different country, other than Haiti, the consulate there would likely be the one to handle the case.
If your spouse initially came to the U.S. on a nonimmigrant (such as on a fiancé, student, or tourist visa), and either you are a U.S. citizen or your spouse is still in valid status, he or she can apply to adjust status in the United States. The main form for this is an I-485. The two of you will attend an interview at one of USCIS’s field offices.
Information about USCIS locations or service centers can be found at its website, www.uscis.gov.
Just be sure your spouse didn’t commit visa fraud by using the nonimmigrant visa specifically to enter the U.S. and apply for a green card--see Risks of Entering the U.S. as a Tourist, Then Applying for Marriage- Based Green Card for details.)
If, however, your spouse entered the U.S. without inspection or by using a fake visa, or you are a permanent resident rather than a citizen, your situation is more complicated than this article can address. You may have difficulty obtaining a green card for your spouse, though it is not impossible. See an immigration attorney for details or if you have any questions about whether you qualify to adjust status.
No matter where you marry, you will need to obtain a certificate that convinces the U.S. immigration authorities that it was legally recognized in the state or country where it took place. Below are some tips on doing that.
If you have married, or plan to get married in your fiancé or spouse’s home country, you will first need to look into Haiti’s requirements for legal marriage.
According to information provided by the U.S. consulate, Haitian marriages require that you first visit the Civil Registrar in the area where you plan to hold the wedding, in order to present the appropriate documents and materials and make an appointment for the marriage ceremony. You will need to bring:
The appointment for the marriage ceremony will be set within approximately 15 days (two Sundays must pass before the ceremony).
The Acte de Marriage Civil may be authenticated by the U.S. Consular Section after the civil ceremony for a fee. This will help make sure that USCIS accepts the document as genuine.
Obtaining a valid certificate of your marriage is critical for purposes of U.S. immigration. The U.S. government keeps track of what documents are considered legally valid from each country, Haiti included, and will reject yours if it doesn't come from the proper source. Check the State Department’s "Country Reciprocity Schedule" to get further details on what documents from Haiti it considers valid. (Enter "Haiti," then scroll down the page to the section on “Marriage Certificates.”)
If you will hold your wedding in the U.S., you need to follow the laws of the state where you marry. For a summary, see Marriage Laws in Your State. You will need to obtain a marriage certificate from a local government office. A church certificate, for example, is not enough.