US Immigration Marriage: Legal Path to the USA
The Immigration and Nationality Act (INA) provides for the issuance of an immigrant visa to the spouse of a United States Citizen (USC) after a petition for that specific benefit, filed by the USC petitioner has been approved by the USCIS office or Regional Service Center. In order for such a petition to be approved, there must be sufficient satisfactory evidence that the USC and spouse have a bona fide (real, legitimate, honest) marriage, and: were legally able to enter into a valid, legal marriage and that all prior marriages of both parties were terminated through death or divorce; and, the alien is not subject to any legal grounds of inadmissibility.
USCIS approval is just the first step in the approval process. The Department of State must also approve the actual visa issuance while USCIS processing and approval is largely an administrative review. If the proper forms, evidence and explanations are provided, it is highly unlikely that your case would be denied by USCIS. The Department of State investigates the background of the applicants and through the interview, makes an assessment of the applicant’s admissibility and the legitimacy of the family relationship during consular processing.
That being said, if the marriage is less than two years old on the date of entry to the U.S. (and grant of permanent resident status), the alien spouse’s permanent resident status will be “conditional” for a two year period following the grant of permanent resident status. This status impose a requirement that, within the 90 days preceding the second anniversary of the grant of permanent resident status, that the couple file an application to lift conditions on permanent resident status. The purpose of this provision is to re-check the couple’s marriage for its validity and honesty the second time. This status applies to both spouses entering on immigrant visas and K-1 adjustment applicants if the grant of permanent resident status occurs before the second anniversary of the marriage.
Upon approval of lawful permanent resident status, the alien spouse will be issued a visa valid for six months to enter into the US. At the point of arrival, the CBP will stamp the I-551 onto the alien’s passport – a lawful permanent resident status stamp while the alien awaits the “green card” to be mailed to their new US address.
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