- The petitioner must be either a U.S. citizen or a permanent resident green card holder.
- The couple must be lawfully wed according to the laws of the place of marriage.
- Each person must have been eligible to marry, which means that all prior marriages must have been terminated.
- Bigamous marriages are not recognized by U.S. immigration laws.
- Each person must be over the age of 16 years. If under 18 years, the consent of one parent is required.
- You must demonstrate that the relationship is sincere.
- You must have met in person prior to filing a petition for a marriage visa. A proxy marriage is acceptable so long as the marriage is consummated.
- The U.S. citizen or lawful permanent resident must meet a marriage visa minimum income requirement that is based on the total number of dependents of you and your spouse and where each of you resides. A financial cosponsor is acceptable.
U.S. permanent resident green card holders generally cannot immigrate spouses and children as quickly as U.S. citizens. Intentional delays are imposed on family members of U.S. green card holders to limit what is referred to as chain migration. For more information see our article Green Card Holder Immigrating a Foreign Spouse and also Immigration Visas for Relatives.
Children of US Citizens
Stepchildren of the U.S. citizen may immigrate as well provided the child is under the age of 18 at the time the U.S. citizen marries the foreign spouse, and provided the child remains unmarried through to CR2 dependent visa issuance. If the child is over 18 at the time of marriage, the stepchild cannot immigrate based on the U.S. citizen’s petition.
A fiancé visa is required if you want to immigrate a foreign child up to age of 21 and unmarried.
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When you hire Allan S. Lolly & Assoc. P.C., you hire a team of experienced professionals with decades of knowledge who can help solve problems the right way. We take our work seriously. We want you to succeed, whether you are pursuing a green card, marriage visa, fiancé visa, bar waiver, victim rights, or other family or employment benefits.
We’ve successfully obtained well over 15,000 visas and green cards for family members from over 190 countries. We can help you.