To apply for a marriage visa in the United States in 2024, there are several key requirements that must be met. These visas, officially known as Marriage-Based Immigrant Visas, are designed to allow spouses of U.S. citizens or lawful permanent residents to enter and live in the country. Here’s a detailed guide on what is typically required:
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Marriage and Relationship Requirements
– Valid Marriage: The marriage must be legally recognized in the jurisdiction where it took place and must be valid under U.S. immigration law.
– Proof of Genuine Relationship: Evidence demonstrating that the marriage is bona fide and not solely for immigration purposes is crucial. This can include photographs, joint financial records, correspondence, and affidavits from friends and family.
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Eligibility of the Sponsor (U.S. Citizen or Permanent Resident)
– The sponsoring spouse must be either a U.S. citizen or a lawful permanent resident (Green Card holder).
– For U.S. citizens sponsoring their spouse, they must provide proof of citizenship (such as a birth certificate or passport).
– For permanent residents, they must provide proof of their status (such as a Green Card).
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Financial Support (Affidavit of Support)
– The sponsoring spouse must demonstrate the ability to financially support the immigrant spouse. This usually involves filing an Affidavit of Support (Form I-864).
– The sponsor must meet certain income requirements to prove they can support their household and the immigrant spouse at 125% above the U.S. poverty line.
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Medical Examination
– The immigrant spouse must undergo a medical examination by an authorized physician. This examination ensures that the spouse does not have any communicable diseases and meets other health-related criteria.
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Criminal Background Check
– Both spouses (the sponsor and the immigrant spouse) must undergo background checks to ensure they do not have a criminal history that would disqualify them from obtaining a visa.
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Filing the Petition
– The first step is typically for the sponsoring spouse (petitioner) to file Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). This establishes the relationship between the petitioner and the immigrant spouse.
– Once USCIS approves the petition, it is forwarded to the National Visa Center (NVC) for further processing.
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Visa Application Process
– After the petition is approved, the immigrant spouse will complete Form DS-260 (Immigrant Visa Electronic Application) and attend an interview at a U.S. embassy or consulate in their home country.
– During the interview, they must present all required documents, including the medical examination results, police certificates, and proof of financial support.
We recommend you to see this article: Prepare For Marriage Green Card Interview With These Most Frequently Asked Questions
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Adjustment of Status (if already in the U.S.)
– If the immigrant spouse is already in the United States on a different visa category, they may be able to apply for Adjustment of Status to become a lawful permanent resident without leaving the country.
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Additional Considerations:
– Language and Translation: Documents not in English must be accompanied by certified translations.
– Legal Assistance: Seeking advice from an immigration attorney can be beneficial, especially for complex cases or if there are concerns about eligibility.
Navigating the process of obtaining a marriage visa can be complex, with varying requirements depending on individual circumstances. At Rodriguez-Martin Immigration Law Offices, we have the legal assistance that you need. Remember that each step requires careful attention to detail and thorough preparation to ensure compliance with U.S. immigration requirements in 2024.
We recommend you to see this article: A Guide to Adjustment of Status Through Marriage
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