If you are marrying someone from Jamaica, 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.)
Immigration Eligibility Based on Engagement or Marriage
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 Jamaica, 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, if desired. You can also choose to get married first in Jamaica 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 create years-long waits. The application process itself adds more months to the process. U.S. permanent residents cannot petition for fiancés.
Overview of Obtaining a Green Card Based on Marriage
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:
- the status of the U.S. petitioner (as a citizen or permanent resident)
- that a valid marriage has occurred (or will occur, in the case of a fiancé visa)
- that the marriage is bona fide (not a sham to get a green card), and
- that the immigrant is not inadmissible to the U.S. for medical, criminal, financial, or other reasons. (See "Inadmissibility: When the U.S. Can Keep You Out" for details.)
Procedurally, there may exist more than one option as to where and how you apply, as described below.
Procedures When Applying for a K-1 Fiancé Visa
If you and your intended (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 U.S. consulate in Kingston, Jamaica. 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 can apply 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.
Procedures for Your Spouse to Come From Jamaica on an Immigrant Visa
If you and your husband or wife have already gotten married, and your spouse is currently in Jamaica, 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 forward with visa processing, while spouses of permanent residents must wait (on average two years) for a visa to become available.
Next, your spouse will go through consular processing for an immigrant visa. This means your spouse submits paperwork to, and attends an interview at, a U.S. consulate in Kingston, Jamaica. (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.
Procedures for Your Spouse to Come From Jamaica on a K-3 Visa
If you and your husband or wife (who lives outside the U.S.) have married, another option is to apply for a K-3 visa. This is sort of a mix of the fiancé visa and an immigrant visa. It allows your spouse to enter the U.S. as a nonimmigrant (on a temporary visa) and then apply to adjust status within the United States.
After filing and getting a USCIS receipt notice for Form I-130, you would submit a separate fiancé visa petition to USCIS, on Form I-129F. Then your spouse will attend an interview at a U.S. consulate in Kingston, Jamaica, where the K-3 visa is granted.
After entering the U.S. on the K-3 visa, your spouse can apply to USCIS to adjust status. The two of you will attend a green card interview at a local USCIS office.
At Which U.S. Consulate in Jamaica the Interview Will Be Held
The U.S. currently has only one embassy in Jamaica, which is located in Kingston 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 Kingston, and can also check the embassy’s website for information.
If your spouse happens to be living in another country than Jamaica, the consulate there would likely be the one to handle the case.
Procedures If Your Spouse Is Already in the U.S.
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.
Entering Into a Legally Valid Marriage
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.
Obtaining Documentation of a Valid Marriage in Jamaica
If you have married, or plan to get married in your fiancé or spouse’s home country, you will first need to look into Jamaica’s requirements for legal marriage.
According to information provided by the U.S. consulate, Jamaican marriages require both the U.S. citizen and the Jamaican to be in the country for a period of 24 hours before holding the ceremony. You will also need to:
- contact a wedding planner or the Registrar
General’s Department approximately two weeks before the wedding, and get ready
- both parties’ birth certificates, each of which show the father’s name or information substantiating paternity
- photo identification such as a passport or driver’s license
- your occupations (both the bride’s and the groom’s)
- if either member of the couple was married before, certified final divorce papers or death certificate of the deceased spouse, and
- the relevant fees
After the ceremony, the wedding officiant will give the bride a signed marriage license. With that in hand, you will be able to get an official marriage certificate through the Jamaican Registrar General’s Office.
The certificate of that 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, Jamaica included, and will reject yours if it doesn't come from the proper source – namely from the Registrar General's Department (RGD). Check the State Department’s "Country Reciprocity Schedule" to get further details on what documents from Jamaica it considers valid. (Choose Jamaica from the menu, then scroll down the page to the section on “Marriage Certificates.”)
Obtaining Documentation of a Valid Marriage in the United States
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.