Last modified 10/05/2023
How to obtain U.S. residence by marriage
If you are about to marry a U.S. citizen, you can begin the process for obtaining the residence of this country. When US Government gives you it, you will have the benefit of being able to legally enter the American territory to live with your spouse.
The file to apply for residency must be presented by a U.S. citizen or a permanent U.S. resident. It is him who must present his partner’s application to the U.S. Immigration Service (USCIS) or to the embassy of the country of origin of the couple.
In this article we will tell you in detail how to apply for U.S. residency because of marriage to an American. Find out everything you need.
Visas to Obtain U.S. Residence by Marriage with a U.S. Citizen or Permanent Resident:
Visa for married people (Visa K 3)
This is for people who are married to U.S. citizens or permanent residents of the United States. The one that must handle his partner application is the U.S. citizen, who should contact the Bureau of Citizenship and Immigration or the U.S. Embassy in the country of origin of the spouse.
He must fill out a form for Alien Relative, which must be accepted. Once accepted, it would be a marriage certificate verification process by the U.S. authorities, who will check if this is valid in the country where the marriage took place.
Once this process for American residence begins, it is necessary the delivery of some documents such as police and court records, medical and birth certificate, valid passport and financial records, which must be approved to move to the next phase.
The last step is the interview with a consular officer, who will confirm if the marriage is real. To find out, he would ask each one separately, details about where they met, tastes in common, the number of trips they have made together, including key questions that will conclude the consular officer that the marriage was not arranged. The process time is nine months to a year.
Visas for fiancés (Visas K 1)
This type of visa is for people who have a relationship with a U.S. citizen and would like to get married with him in the near future.
In contrast to the previous case, the application of this type of visa can only be requested by a U.S. citizen, but not by a permanent resident. It is temporary, and the couple should get married within 90 days after the arrival of the immigrant to U.S.
After the marriage, the person who holds U.S. citizenship may apply for a K3 visa for his partner. The documentation required for this is similar to the previous case, i.e. birth certificate, health certificate, criminal and police records and evidence of the truth of the relationship.
The duration of the process for visa change, once accomplished marriage is lower compared to the previous case, the maximum is nine months.
We hope this information about migration to U.S would be helpful to you.
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