How to Apply for a Marriage Visa

A marriage visa may be able to offer individuals who are married to U.S. citizens or lawful permanent residents access to permanent residency status or green cards.

If you are married to a U.S. citizen or lawful permanent resident, there are typically two ways for you to apply for a marriage-based visa:

• If your spouse is a U.S. citizen – They must file Form I-130, Petition for Alien Relative and Form I-485, Application to Register Permanent Residence or to Adjust status¹.
• If your spouse is a green card holder – They must file Form I-130 and wait for a visa to become available. Once a visa is available, you may apply to adjust status to permanent residency using Form I-485.

Am I Eligible For a Marriage Visa?

Before applying for a marriage visa it is often important to review the marriage visa eligibility requirements. The three main eligibility requirements for a marriage visa include:

1. You must be legally married to a green card holder or United States citizen²
2. Your spouse must file a Form I-130 to begin your application
3. You must be at least 18 years of age in order to sign the required Affidavit of Support

Individuals should keep in mind there are factors which may cause you to be ineligible for a marriage visa. The factors which may contribute to an individual becoming ineligible for a marriage visa can include but are not limited to:

• Trafficking of controlled substances
• Any involvement with terrorist activity
• Currently practicing polygamists
• Involvement with international sex trade or child abduction
• Previously submitting fraudulent or knowingly false information

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Sources:

Bringing Spouses to Live in the United States as Permanent
Marriage Visa