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It’s important to keep in mind that being married to a U.S. citizen does not grant you automatic immigration benefits. The U.S. citizen must file a visa petition to classify the spouse as an immediate relative, and both spouses will need to provide ample documentation to prove that the marriage is bona fide, and was not entered into for the purpose of gaining immigration benefits.
If you get married in the U.S.
- You must submit Form I-130 and prove that the marriage is bona fide.
- If the foreign-born spouse entered the U.S. legally and is not in removal proceedings, he/she can simultaneously file Form I-485 to apply for a green card.
- The foreign-born spouse will also be eligible to apply for a work permit and a travel document.
If you get married outside the U.S.
- If you were married outside the U.S. the foreign-born spouse may come to the U.S. to await the issuance of his/her green card by obtaining a K-3 visa.
- The foreign born spouse will need to be interviewed at the U.S. consulate in his/her country, and will then be issued a temporary visa to travel to the U.S. within three to six months.
Keep in Mind:
- The foreign born spouse’s green card will expire after two years, since he/she is considered to be a “conditional permanent resident”
To become a permanent resident of the U.S., you will need to file Form I-751 Removal of Conditions within 90 days immediately preceding the end of the two-year period as a conditional permanent resident. |
