US Citizen Spouse Visa
If you are a United States Citizen, you may legally petition for your spouse’s green card, or permanent residence. Spouses of United States Citizens are considered “immediate relatives” and are not subject to the visa numerical limitations.
Basic Documents for the Marriage Petition Process
Aside from the legal forms that must be filed, there are some necessary civil documents that need to be obtained prior to filing including:
- Birth Certificates (Petitioner and Beneficiary)
- Proof of U.S. Citizenship (Petitioner)
- Marriage Certificate
- Death Certificates (if applicable)
- Divorce Decrees (if applicable)
- Three Previous Years of Tax Returns (Petitioner)
Any foreign documents not originally in English must be accompanied by an English translation.
Immigration Lawyer Considerations
Entering into a bona fide, real marriage for the right reasons is only the first step to legal permanent residence. There are a number of considerations that may need to be explored including, among others:
- Adjustment of status vs. consular processing
- Criminal issues
- Fraud or misrepresentation issues
- Entry issues
- Previous periods of presence
- Previous immigration status
- Legal termination of all previous marriages
- Different residences
- Lack of joint documents
The act of marriage, by itself, does not necessarily confer any immigration benefits upon an individual or allow a person to stay here. Applications must be affirmatively filed, but before an application can be filed, you must ensure that the foreign born spouse is legally eligible to immigrate.
We Can Help With Marriage Visas to America
Our attorneys have focused on family immigration for more than seventeen years and have a wealth of practical experience — not just book knowledge — that enable them to give you unique insight into the adjudication process and help you to identify issues that may need to be addressed. Contact us now to get started.