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Marriage Based Immigration US

HomeImmigrationMarriage Based Immigration US

One of the most common and straight forward paths of applying for a green card, or a lawful permanent residence in the US, is through marrying a US citizen.

Misconception

Most people believe that this is the easiest way to get US citizenship. However, there is a misconception that marrying a US citizen can automatically give you US citizenship.

Marriage based US immigration involves a long tedious application process. You have to prove that your relationship is authentic before the foreigner gets that green card.

Legal Requirements

To be eligible for a marriage based immigration for US green card or immigrant visa, the couple must prove that they are legally married, that they are in a bona fide marriage, a foreigner is married to a US citizen, and that neither of the couple is married to anyone else.

Make sure your marriage can be recognized by country where you got married. A marriage that is done for the sole purpose of getting that green card is not considered bona fide.

Fiancé Visa

A fiancé visa can help you enter the US with the purpose of getting married. With this visa, you don’t necessarily have to permanently live in America, but you can choose to apply for a green card.

To be eligible for a fiancé visa, you must prove that you intend to marry a legal US citizen, you have met your future spouse within the last two years, and that you are legally allowed to get married.

Proving that your main intention is to get married involves proving that you made actual plans. You must show the US government your planned wedding ceremony, the place, the proceedings, and more.

To apply for fiancé visa, you must marry a person who was born in US territories, or someone who became a US citizen through naturalization.

You should also prove that you are within in the legal age to marry and that you weren’t married to anyone else before.

Alternatives

There are alternative ways for getting a green card besides getting married to a US citizen. Some of the means may be faster than others, but they all require a significant amount of effort.

You can obtain permanent visa

  • if you have an employer waiting for you in the US,
  • if you have US citizen parents, if you have US citizen children,
  • If you can invest $500,000 or more in a business based in the US,
  • if you have continuously lived in the US since 1972,
  • if diversity visa is available in the country where you live, or
  • if you fear prosecution in the country where you live.

To make sure you make the right choices in applying for a green card, consult or hire lawyer.

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