Marriage-Based Residency
How The Marriage Residency Process Works:
An individual can either be a U.S. citizen or a Green Card holder to apply for their spouse to live in the United States. To start the process, the petitioner must:
- Submit Form I-130, Petition for Alien Relative
- Show proof of U.S. citizenship or Green Card (Lawful Permanent Resident)
Once the forms and supporting documents have been submitted, the next step is for you and your spouse to participate in a formal immigration interview. The interview process is the last big step towards obtaining a marriage-based residency. Be prepared to answer questions about your relationship, and show your marriage license and additional documentation. The timeline for processing a marriage green card will vary but typically take up to 2 years if the petitioner lives in the United States and up to 3 years if the petitioner lives abroad.
Marriage Residency Factors & Visas
K-3 Visas
- If you are a U.S. citizen, once you file Form I-130, Petition for Alien Relative, and Form I-129F, Petition for Alien Fiancé(e), your spouse is eligible to apply for a nonimmigrant K-3 Visa. The K-3 Visa would allow your spouse to live in the United States for a 2-year period while you await the approval of the marriage-based residency.
- If a spouse is admitted to the U.S. with a K-3 Visa, they are authorized to work. The next step would be to submit Form I-765, Application for Employment Authorization, to begin working in the U.S.
Additional Factors
- If you have been married less than two years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions of residence, you and your spouse can submit Form I-751.
Applying for marriage-based residency can be an overwhelming process. However, with the help of our immigration lawyers, it doesn’t have to be. If you or your spouse have questions about the process or want help preparing for your immigration interview, contact Barringer Law Firm to talk to a knowledgeable immigration lawyer.
