How to Get a U.S. Visa by Marrying a U.S. Citizen

Marrying a U.S. citizen provides foreign nationals with a pathway to live and work in the United States permanently by obtaining a Green Card (lawful permanent residence). However, marriage alone does not automatically grant you U.S. residency or citizenship. There are specific steps you must follow to obtain a visa and eventually secure a Green Card through marriage.

1. Understanding the U.S. Immigration Process Through Marriage

When you marry a U.S. citizen, you may be eligible to apply for a family-based immigrant visa that can lead to permanent residency. This is typically done through a spouse visa or, if already in the U.S., an Adjustment of Status application.

There are two primary paths for obtaining a U.S. visa through marriage:

2. Fiancé(e) Visa (K-1 Visa)

If you are engaged to a U.S. citizen but have not yet married and wish to enter the U.S. to marry, you can apply for a K-1 Fiancé(e) Visa. The K-1 visa allows you to enter the U.S. specifically to marry your U.S. citizen partner, and you must marry within 90 days of arrival.

Eligibility for a K-1 Visa:

The petitioner (your U.S. citizen fiancé(e)) must be a U.S. citizen.
Both parties must be free to marry (i.e., both are single, divorced, or widowed).
You must have met your fiancé(e) in person within the last two years (with limited exceptions, such as religious or cultural traditions).
You must have a genuine relationship and intend to get married within 90 days of entering the U.S.

K-1 Visa Process:

File the I-129F Petition: The U.S. citizen must first file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).
Petition Approval and Visa Application: Once the I-129F petition is approved, the National Visa Center (NVC) forwards the case to the U.S. Embassy or Consulate in the foreign fiancé(e)’s country. You will then apply for the K-1 visa, submitting documents like your passport, police clearance certificates, and medical exam results.
K-1 Visa Interview: You will attend an interview at the U.S. Embassy or Consulate, where you will need to demonstrate the authenticity of your relationship.
Enter the U.S. and Get Married: Once approved, you will enter the U.S. on the K-1 visa. After entering, you must marry your U.S. citizen fiancé(e) within 90 days. If you do not marry within this timeframe, you will need to leave the U.S.
Apply for Adjustment of Status (Green Card): After the marriage, you can apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. This process allows you to become a lawful permanent resident of the U.S.

3. Spouse Visa (CR-1 or IR-1)

If you are already married to a U.S. citizen, they can sponsor you for a spouse visa, which leads to permanent residency (Green Card). There are two types of spouse visas based on the length of your marriage:

CR-1 Visa: For couples married less than two years (conditional residency).
IR-1 Visa: For couples married for more than two years (immediate relative visa with permanent residency).

Eligibility for a Spouse Visa:

The petitioner (your spouse) must be a U.S. citizen.
The marriage must be legal and valid, with official documentation (e.g., a marriage certificate).
You must have a genuine marital relationship, not one created solely for immigration purposes.

Spouse Visa Process (CR-1 or IR-1):

File the I-130 Petition: The U.S. citizen spouse must file Form I-130, Petition for Alien Relative with USCIS. This establishes the existence of a valid marriage.
Approval of the I-130: After approval of the I-130 petition, the case is sent to the National Visa Center (NVC), where the foreign spouse will be assigned a visa number.
Submit Affidavit of Support and Civil Documents: The U.S. citizen spouse must file an Affidavit of Support (Form I-864), showing they can financially support their foreign spouse. The foreign spouse will need to submit civil documents, including their birth certificate, police clearance certificates, and a medical exam.
Visa Interview at U.S. Embassy or Consulate: The foreign spouse will attend an interview where the consular officer will evaluate the authenticity of the marriage and verify the submitted documents. During this interview, you may be asked to provide additional proof of your relationship, such as joint bank accounts, photos, and communication records.
Visa Approval and Travel to the U.S.: Once the visa is approved, the foreign spouse can enter the U.S. on the CR-1 or IR-1 visa. Upon arrival, they will receive a Green Card, which grants them permanent residency.

4. Adjustment of Status (For Those Already in the U.S.)

If you are already in the U.S. on a valid visa (e.g., a student or tourist visa) and marry a U.S. citizen, you may apply for Adjustment of Status to get a Green Card without leaving the U.S.

Steps for Adjustment of Status:

Marriage to a U.S. Citizen: After getting married, you can file Form I-485, Application to Adjust Status.
Submit Supporting Documents: You will need to submit various documents, including proof of your legal entry into the U.S., your marriage certificate, and evidence of a bona fide relationship.
Attend Biometrics Appointment: You will be required to attend a biometrics appointment to provide fingerprints and photos for background checks.
Interview with USCIS: Both spouses will be required to attend an interview with a USCIS officer. During the interview, you will need to prove the legitimacy of your marriage by providing evidence of your life together, such as joint finances, photos, and living arrangements.
Approval and Green Card Issuance: If the application is approved, you will receive a conditional or permanent Green Card, depending on how long you have been married.

5. Required Documents for Spousal Visa or Adjustment of Status

Regardless of the visa path you take (fiancé(e) visa, spouse visa, or adjustment of status), you will need to provide various documents to prove the validity of your relationship and meet U.S. immigration requirements. These include:

6. Interview Process and What to Expect

The interview is a critical part of the visa application process, whether you’re applying for a K-1 visa, CR-1/IR-1 visa, or adjustment of status. The goal of the interview is to verify the authenticity of your relationship and ensure that your marriage was not entered into solely for immigration benefits.

Common Interview Questions:

How did you meet your spouse?
When and where did you get married?
Can you describe your wedding day?
What are your spouse’s hobbies, work, or daily routine?
How do you communicate when you are apart?
Do you have any joint assets, such as a home or bank account?

You should answer all questions honestly and confidently. Be prepared to show additional proof of your relationship, including personal photos, communication records (emails, text messages, etc.), and joint financial or housing documents.

7. Conditional vs. Permanent Green Card

Conditional Green Card (CR-1 Visa):

If you have been married for less than two years at the time your visa or Green Card is approved, you will receive a conditional Green Card. Conditional Green Cards are valid for two years, and before it expires, you and your spouse must apply to remove the conditions by filing Form I-751, Petition to Remove Conditions on Residence.

Permanent Green Card (IR-1 Visa):

If you have been married for more than two years at the time of visa approval, you will receive a permanent Green Card, which is valid for 10 years.

8. What Happens After Receiving the Green Card?

Once you receive your Green Card, you become a lawful permanent resident of the U.S. This means you can:

Live and work in the U.S. indefinitely.
Travel in and out of the U.S. freely.
Apply for U.S. citizenship after three years of holding permanent residency, if you are still married to and living with your U.S. citizen spouse.

Conclusion

Marrying a U.S. citizen offers a clear path to U.S. residency, but it requires following the correct legal procedures and providing thorough documentation. Whether you are applying for a fiancé(e) visa or a spouse visa, understanding the application process, gathering the necessary documents, and preparing for interviews will help ensure a smooth and successful transition to becoming a U.S. resident.

By staying informed and following each step carefully, you can begin your new life in the U.S. with your spouse.