Immigration Law for Marriage

Immigration Law

One of the many highlights an individual gets to have in this life is his or her marriage. This excludes any demographic compatibility – one can marry anyone they are deeply in love with.

With that note, anyone can marry regardless of citizenship or race. In the United States, whether you are a citizen or a permanent resident, there are no issues while it gets to being married to a foreigner or a non-citizen. However, like any other country, one must consider immigration laws to move their spouse permanently in the United States of A. Here are some of the important things to know regarding immigration laws for marriage in the U.S.

The validity of Overseas Marriage

Being married in a foreign country like the United States could be more expensive and requires lengthy preparation. However, to get married, it is a must to confirm the eligibility of the non-citizen spouse. The couple can contact or consult the nearest U.S. Embassy or Consulate to know the specific documents needed.

To know whether the marriage would be recognized in the United States. The best solution is to contact the Attorney General of the state of residence the citizen is living in. Both would also be interested in possessing a Certificate of Witness to Marriage to further provide validity to the marriage. 

Eligibility of the Spouse 

Similar to any attempt to apply for an Immigration Visa, one must prove their reliability as a married couple. Therefore, under immigration law, the couple is required to justify the following: 

  • Evidence that confirms they are legally married
  • Bona Fide Marriage (true marriage and not just done for the sake of possessing a Green Card)
  • Valid Identification of petitioner’s spouse (U.S. Citizenship or Green Card) 
  • Both spouses are monogamous and not married to anyone else.

I Am Qualified: What Should I Do Now?

If eligible, they can start the application for the petitioning spouse to obtain a Green Card. This requires the filing of forms and documents but still does not guarantee approval. The immigrant may be denied secondary to various reasons such as medical issues, criminal records, previous immigration violations, and belief that the marriage is a fraud and solely just for a Green Card. 

In fortunate events, and the spouse could obtain a Green Card, he or she can then file for U.S. Citizenship after three years as a Green Card-holder. Do take note that the couple should still be married by then and is living together. 

Financial Regulations 

A part of marriage will always revolve around financial handlings, The Immigration Law of 1996 states financial requirements for U.S Citizens or Green Card Holder who married a non-citizen before applying for a green card. 

The citizen will have to fill out a Form I-864 Affidavit of Support that confirms his or her financial capability to support the immigrant at a level above the U.S. Poverty Guidelines. This financial support contracts for approximately ten years, assuming that they are still happily married.

Suppose the citizen is not financially stable and would not be able to support the immigrant at the required level. In that case, they may opt to find another person or a household member in the United States to promise support. 

Knowing the immigration laws adjunct to marriage, it is now clearer how the couple should be educated and knowledgeable about what they could do to maintain the marriage and live together in one residence. When it comes to immigration law, any hassle would be prevented if all regulations are constantly obeyed. Contact the nearest immigration lawyer today.