Marrying an American or an American citizen may allow you to obtain the Green Card. However, even if it really works. It has become more complicated because of the many sham marriages in the United States.
Many visas allow you to reside legally in the United States if you intend to get married in the United States.
The fiancé’s visa and its requirements
Helping your fiancé or fiancée enter American soil can be confusing. The visa he needs is the k-1 visa.
The fiancé’s visa, called the k-1 visa, allows a person who wants to marry his or her partner to legally travel to the United States to join his or her partner.
It requires patience and time because it takes nine to twelve months to obtain this visa. Apply as soon as possible!
To get this visa, you must want to get married within 90 days of your date of entry into the United States.
To obtain the visa, k-1, you must meet the following conditions:
- The petitioner based in the United States must be a U.S. citizen and not a legal permanent resident.
- Both persons must be single and legally entitled to marry.
- The future spouses must have met face-to-face within the last two years.
If during the application process immigration authorities suspect marriage fraud (obtaining an immigration benefit for example), the application process will be suspended. Use the services of an immigration lawyer to make the process easier for you.
The green card by marriage
Marrying an American spouse allows you to acquire the Green Card. It is temporary for the first 2 years and then valid for 10 years. The Green Card is not automatically given at the time of marriage.
The Green Card is not automatically given at the time of marriage. After the marriage, an application must be made to the American Citizenship and Immigration Services (USCIS). To obtain it, you must prove that the marriage is genuine.
Once all documentation is submitted to the U.S. Citizenship and Immigration Services (USCIS). Your file will be processed and an investigation will begin.
USCIS will schedule an interview. It will determine whether the marriage was entered into in good faith and not just a sham to get a Green Card.
U.S. Immigration takes fraudulent marriages very seriously and requires supporting documentation.
The United States Citizenship and Immigration Services (USCIS) has a very traditional view of marriage. You must prove the authenticity of your relationship by providing, for example, wedding photos, bills or joint tax returns.
Letters from friends and family can be used as testimonials about your relationship.
During the interview, you should be prepared to answer many details and extensive personal questions. I recommend that you have a lawyer present at the interview.
Which is easier to obtain?
Getting a green card through marriage is the most common method, because it is probably the easiest if you know how to do it and are sincere.
Although immigration officials are especially vigilant about those who marry to live in the United States, they have reduced the waiting time for this procedure.
A few years ago, it could be as long as five years. Today, 18 months to a maximum of two years is sufficient.
Although the method is easy and very effective, getting the Green Card through marriage has not only advantages:
- Your Green Card is provisional for 2 years
- You are entirely dependent on your spouse: in order for you to get your Green he or she will have to sign an “Affidavit of Support”. This document obliges him to insure your life for 10 years (materially and financially). He will have to have the necessary resources.
- Your spouse must have resided in France for at least 6 months: for your relationship to be considered “real”, USCIS now requires that your American spouse has resided at least six months in France.
It’s up to you to find the most suitable visa for your situation between the K fiancée visa and the green card by marriage. Both procedures require specific requirements.