In today’s world of improved travel and connectivity, it’s no surprise that U.S. citizens looking for a serious relationship have often found their soul mates in a different country. While technology has made long distance relationships more sustainable, what options are available for those who want to advance their relationships by getting married and re-locating their overseas partner to the U.S.?Many couples are frustrated and confused by the U.S. Immigration laws that govern how and when they will be united with their partner. For a U.S. Citizen, and their potential overseas spouse, (the “Beneficiary”), there are two paths that lead to Legal Permanent Residency (LPR Status) for the Beneficiary. Most often, the best option depends on where and how soon the long-distance couple wants to be married. This article describes the process for each of those options.

Marriage In the US

If the couple plans to be married in the U.S., they should be aware of the legal steps required to properly bring the Beneficiary to the U.S.  If the couple is willing to wait until after the Beneficiary arrives in the U.S. to be married, then the U.S. Citizen should first apply for a K-1 Visa, (the “Fiancé Visa”).  The couple will likely wait 8 to 12 months for the Fiancé Visa to be processed and issued from the U.S. Embassy in the Beneficiary’s home country.  The couple must be legally married within three months of the Beneficiary’s arrival to the U.S. Once the couple is married, then the U.S. Citizen may petition for LPR Status for the Beneficiary, and the Beneficiary may adjust status from his or her Fiancé Visa to LPR Status, a process known as Adjustment of Status.  This process may take approximately 12 to 15 months to complete, but in the meantime, the Beneficiary may apply for a Travel Permit, and Employment Authorization, which if approved, will allow him or her to receive a social security number.  After the Petition and Application to Adjust Status are processed, the couple will be scheduled for an Adjustment Interview.  At the Adjustment Interview, the couple must provide additional evidence of a bona fide marriage.  If approved, the Beneficiary will receive his or Green Card shortly afterwards.

Marriage Overseas

Alternatively, if the couple does not want to wait for a visa to be issued to be married, but rather, plans to be married overseas, then the Beneficiary will need to apply for his or her LPR Status through the U.S. Embassy of their home country, known as Consular Processing.  In this option, after the couple is first married overseas, the Beneficiary remains in their home country while the U.S. Citizen petitions for LPR status for the Beneficiary. The approval of this petition generally takes up to 12 months. Once the petition is approved, the National Visa Center (NVC) provides the Beneficiary with instructions on how to apply for an immigrant visa as required by the U.S. Embassy in their home country. The NVC will process the Beneficiary’s application and schedule them for a Consular Interview at the U.S. Embassy.  If the Consular Interview is approved, the Beneficiary will be issued an Immigrant Visa.  The Beneficiary will be able to enter the U.S. with this Immigrant Visa, and their Green Card will be mailed to their U.S. address shortly after entry.

After the Green Card

In either option, at the time of either the Adjustment Interview or the Consular Interview, if the couple has been married for less than two years, the Beneficiary will be issued a Conditional Green Card. The Conditional Green Card is valid for two years only.  The Beneficiary must apply to have the Conditions removed, which if approved, will result in a permanent Green Card. The Beneficiary will be eligible to apply for naturalization after three years so long as he or she is still married to the U.S. Citizen, and abides by the by all conditions of his or her LPR Status.

Questions?

The information contained in this article is intended for informational purposes only and should not be considered legal advice.  If you would like more information on this process, please contact our office at 713.839.0639 or simonimmigrationlaw.com  to learn more about the legal options available for your situation.