Unfortunately, a lot. Here’s a summary of the options for U.S. citizens who want to sponsor their partner for a marriage visa (green card) or fiancé visa. Reading this could give you a big headache; make sure you’re in the mood to handle details and complications. Note that the same procedures and rules apply to same-sex couples.
- Your partner is abroad and you’re not married. You have 2 options: get married or sponsor her/him for a fiancé visa. Read this post for information on the K-1 fiance visa.
- You’re married and living abroad with your spouse – file abroad. You’ll need to file an I-130 marriage petition. The U.S. citizen is the ‘petitioner’ and the foreign spouse is the ‘beneficiary.’ Almost all petitions are filed by mail with U.S. Citizen and Immigration Services (USCIS) in the U.S. But a small number of petitioners can file abroad through “Direct Consular Filing” (DCF). Read this page for an explanation of DCF. It’s a much faster process but, unfortunately, the U.S. government is ending this option for all countries by March 2020.
- You’re married and living in the U.S. or abroad and your spouse is abroad – file by mail in the U.S. This is a long process called “Consular Processing” and involves two different stages. First the U.S. citizen submits the I-130 petition to USCIS. After it’s (hopefully) approved, it goes to the National Visa Center in the US and then to the foreign embassy for the interview. This can take many months – typically up to a year or so – or even longer if you make mistakes or any of these agencies wants more information.
- You’re married and living in the U.S. and so is your spouse. If your spouse is in the U.S. legally you can probably apply for Adjustment of Status. Scroll down on this post for details. But not everyone in the U.S. is eligible. If the spouse entered the U.S. without authorization it’s much harder. Or if the spouse planned in advance to marry quickly and apply for a green card you might have serious problems.
Whatever your situation, always remember:
- Rule 1: Tell the Truth! If asked a question on paper or in person, be sure you answer honestly. I’ve seen many applicants get into serious long-term problems getting U.S. visas because of dishonest answers on an online application, in person at an interview, or on entry into the U.S.
- Rule 2: Submit Evidence to Show Your Relationship is Genuine. The U.S. government assumes your relationship is fraudulent – that you’re getting married or got married not because you’re in love but just so the foreigner can get a green card. You need to submit detailed evidence that you have a real relationship – photos; sworn statements from both of you and others who know you; logs of texts or phone calls or video chats, plane or other tickets to show travels to be with each other, and more. The more organized and thorough the better.
- Rule 3: Be Prepared. Attorneys are allowed to accompany you to your interview in the U.S. but not if it’s abroad. In either case you need to thoroughly know what’s in your forms and supporting documents so you can answer all questions.
Should you retain an immigration attorney? My answer is predictable: yes! In the past I thought some couples could handle the process but both the forms and the requirements have gotten more and more complicated. An experienced immigration lawyer can really make a difference. Go to the contact page to schedule a consultation. You’ll spend much less doing it right from the start than trying to straighten out mistakes later.
