Marriage Visa Lawyer

Authored by , LegalMatch Legal Writer and Attorney at Law

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What Is a Marriage Visa?

If you are married or engaged to a U.S. citizen, you and your spouse can apply through the U.S. Citizenship and Immigration Services (USCIS), also called the BCIS, for a permanent visa (Green Card) allowing you to live and work within the U.S. indefinitely. You may later apply to become an American citizen.

Who Is Inadmissible for a Marriage Visa?

You may be inadmissible or ineligible for a marriage visa if you have been convicted of a serious crime, an act of terrorism, or have violated certain immigration laws. You may also be ineligible if you have a contagious disease such as HIV or tuberculosis, or if you have spent too much time in the U.S. illegally. To be eligible for a visa, you may not be married to more than one person. If you are found inadmissible, you may file form I-601, called an Application for Waiver on Ground of Excludability.

What Are the Eligibility Requirements for a Marriage Visa?

You must have a marriage certificate from a governmental office, either from the U.S. or a foreign nation. The USCIS will not recognize marriage certificates from churches or other nongovernmental places. You must be able to prove that the marriage was entered into for love and not a sham marriage for the purpose of obtaining a Green Card. In order to show this, the USCIS may ask for personal documents such as joint bank statements, lease agreements, wedding photos and more.

What If I Entered the U.S. on a Tourist Visa to Marry a U.S. Citizen?

Using a tourist visa for the purpose of getting married inside the U.S could be considered fraud by the USCIS and may be used as a basis to deny your Green Card. You should consult an immigration lawyer.

How Long Will I Have to Wait for My Visa?

How long you will have to wait before receiving your visa after filing the application will depend on how complete your application is and which country you are currently a citizen of. The USCIS will process completed applications faster, so if you are uncertain about the application requirements or if you meet them, it may be wise to contact an immigration attorney.

Do I Need to Consult an Immigration Lawyer?

Applying for a green card can be complex and difficult, especially if English is not your native language. An immigration attorney can make sure that your application is complete and accurate which may speed up its processing. A lawyer may also aid in your appeal should your application be denied.
ed up its processing.  A lawyer may also aid in your appeal should your application be denied.

 

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Last Modified: 05-15-2014 04:26 PM PDT

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