Love American Style

US Immigration solutions for spouses and fiancé(e)s

So, you’ve met the man or woman of your dreams and you are ready to spend the rest of your lives together — in the USA. How do you do it?

My partner is a US citizen

That makes it a whole lot easier. If you are married to a US citizen you are eligible for an Immediate Relative visa to enter the United States and become a Lawful Permanent Resident (Green Card holder). If you are not yet married, but your fiancé(e) is a US citizen, you may be eligible for a K visa, which would allow you to enter the United States to marry your US citizen partner, and then file to become a permanent resident.

My partner is not a US citizen, but has a Green Card 

You can still benefit from an immediate relative petition; however, your visa category would be as a Family-based, Second Preference (2A), which means you will have to wait until your visa priority date becomes available (to get an idea of current wait times, check the Visa Bulletin). And you have to be married—there are no fiancé(e) visas for would-be spouses of Lawful Permanent Residents.

What if my partner and I are the same gender? 

US immigration law DOES recognize same-sex unions for immigration purposes; however, non-marital civil partnerships are NOT recognized as a basis for a spouse-based visa (this includes UK civil partnerships).

Newlyweds vs. established spouses

If you have been married less than two years at the time you become a Lawful Permanent Resident, you may be eligible to become a Conditional Resident—conditioned on remaining married for another two years. If you have been married for two years at the time you become an LPR, it is issued without condition.

How the process works: Start with filing the I-130

The American citizen spouse files the I-130 petition with the USCIS online. Processing times vary. Since the pandemic, USCIS has endured significant backlogs which have resulted in processing times in excess of a year. You can search for current USCIS processing times on the USCIS Check Processing Times webpage. The I-130 process is essentially about two things: 1. the petitioner is a US citizen; and 2. the petitioner and beneficiary have entered into a bona fide marrigage.

US Citizenship

US citizenship is established through a US birth certificate, US Certificate of Birth Abroad, a US passport, or a US Naturalization certificate.

Bona Fides of the Marriage

The primary issue is whether the marriage is true—legally entered into, without any indicia of fraud (i.e. not a Green Card marriage).  First-time marriages between individuals of similar demographic characteristics are less likely to be viewed with suspicion, as are long-term relationships and those that include children.  Individuals with prior marriages must provide proof of termination of previous marriages (death certificate, divorce decree, or other official recognition of termination of marriage), and individuals from divergent demographic groups (e.g. a 60-year old married to a 20-year old) are likely to be asked for additional evidence of the bona fides of their relationship (affidavits from witnesses, statements from the couple themselves, photos, joint financial documents such as tenancy agreements/mortgages, utilities, bank statements, etc.).  If everything is in order, the petition is approved and sent on to the Immigrant Visa Unit in the Consular Section of the Embassy.

Required Documents for the I-130

Immigrant Visa Application

Once the I-130 is approved, the next step in the process is to file the immigrant visa application.

How do I get my Greencard?

After entering the US on an immigrant visa, you will need to register online and pay a $220 Immigrant fee (preferably prior to entering the US on the immigrant visa). To learn more, check out: https://my.uscis.gov/uscis-immigrant-fee/

Need further assistance?

If you require assistance at any stage of the petitioning or visa application process--or would like to discuss options before you start, please contact us to set up a consultation.