As an immigration lawyer in the US, one of the most common questions I receive is about spousal visas. Specifically, clients often ask about the duration of marriage requirement for obtaining a spousal visa. It can be a complex topic, but in this article, we will simplify the information and provide a clear understanding of the duration of marriage requirement for spousal visas. We will also provide examples to help illustrate the information.
Immigration Law: Minimum Duration of Marriage Requirements
Immigration law is complex and often requires the guidance of a knowledgeable attorney to navigate. One area that can be particularly challenging is minimum duration of marriage requirements for spouses seeking immigration benefits.
What are minimum duration of marriage requirements?
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Minimum duration of marriage requirements refer to the amount of time a couple must be married in order to be eligible for certain immigration benefits. These requirements vary depending on the specific benefit being sought.
What benefits require minimum duration of marriage?
- Spousal sponsorship: When a U.S. citizen or lawful permanent resident (LPR) sponsors their spouse for a green card, they must have been married for at least 2 years at the time the green card is granted if the couple has been married for less than 2 years at the time of filing.
- Conditional permanent residency: When a green card is granted based on marriage, the green card is initially issued on a conditional basis for 2 years. Before the end of the 2-year period, the couple must apply to have the conditions removed and provide evidence that they continue to have a bona fide marriage.
- Waiver of joint filing requirement: If the couple divorces before the end of the 2-year period, the immigrant spouse may still be eligible to have the conditions removed if they can demonstrate that the marriage was entered into in good faith. This requires a waiver of the joint filing requirement and must be filed within 90 days of the expiration of the conditional green card.
What if the marriage ends in divorce?
If the marriage ends in divorce before the immigrant spouse has been granted a green card, they may be eligible for a waiver of the minimum duration of marriage requirement if they can demonstrate that the marriage was entered into in good faith. However, if the divorce occurs after the immigrant spouse has been granted a green card, they may be subject to removal proceedings.
Conclusion:
Minimum duration of marriage requirements can be a complex area of immigration law. It is important to consult with an experienced immigration attorney to ensure that you understand the requirements for your specific situation and to assist you in navigating the immigration process.
Title: Understanding the Duration of Marriage for Visa Eligibility
When it comes to obtaining a visa through marriage, the duration of the marriage plays an important role in determining eligibility. Marriage-based visas are available for spouses of U.S. citizens and lawful permanent residents, but the length of the marriage can impact the process.
Spouses of U.S. Citizens
If you are married to a U.S. citizen, you may be eligible for an immediate relative visa. This type of visa does not have a waiting period and is not subject to quotas. However, you must have been married for at least two years to be eligible.
Spouses of Lawful Permanent Residents
If you are married to a lawful permanent resident (LPR), you may be eligible for a family preference visa. These visas have a limited number available each year and may have a waiting period of several years. However, if you have been married for at least two years, you may be eligible for a 2A visa, which has a shorter waiting period than other family preference visas.
If you have been married for less than two years, you may still be eligible for a family preference visa, but you will be placed in the 2B category. This category has a longer waiting period than the 2A category.
Conditional Residence
If you are granted a visa based on a marriage that is less than two years old, you will be granted conditional residence. This means that your permanent resident status is conditional and will expire in two years. To remove the conditions on your residency, you must apply to remove the conditions within 90 days of the expiration date.
Conclusion
Understanding the duration of marriage for visa eligibility is crucial when seeking a marriage-based visa. Whether you are married to a U.S. citizen or a lawful permanent resident, the length of your marriage can impact your eligibility and the waiting period for your visa. If you have any questions about the process, it is important to consult with an experienced immigration lawyer.
- Immediate relative visa: available for spouses of U.S. citizens, requires at least two years of marriage.
- Family preference visa: available for spouses of LPRs, requires at least two years of marriage for the shorter waiting period 2A visa.
- 2B category: for spouses of LPRs who have been married for less than two years, has a longer waiting period.
- Conditional residence: granted for marriages less than two years old, residency is conditional and expires in two years.
Example: John, a U.S. citizen, and Maria, a Mexican citizen, have been married for two years. Maria is eligible for an immediate relative visa and can begin the application process. However, if they had been married for less than two years, Maria would have to wait until they reach the two-year mark to be eligible for the visa.
Understanding the 30/60 Day Rule for Marriage: A Guide for Couples and Attorneys
Understanding the 90-Day Marriage Rule: A Comprehensive Guide for Couples
For couples planning to get married in the United States, it is important to understand the 90-day marriage rule. This rule is a requirement for couples who want to get married in the US but are not US citizens or residents.
What is the 90-Day Marriage Rule?
The 90-day marriage rule is a visa requirement for foreign nationals who want to get married in the US. It requires that the couple gets married within 90 days of the foreign national entering the US on a fiancé visa.
Who is Affected by the 90-Day Marriage Rule?
The 90-day marriage rule applies to foreign nationals who enter the US on a fiancé visa, also known as a K-1 visa. This visa is issued to foreign nationals who are engaged to US citizens and want to enter the US to get married.
What Happens if You Don’t Get Married Within 90 Days?
If you don’t get married within 90 days of entering the US on a fiancé visa, you will be required to leave the country. Your visa will expire, and you will not be able to enter the US again without applying for a new visa.
How to Avoid Issues with the 90-Day Marriage Rule
To avoid issues with the 90-day marriage rule, it is important to plan ahead and make sure you have everything in order before the foreign national enters the US on a fiancé visa. This includes obtaining all necessary documents, such as a marriage license and any required visas.
Conclusion
The 90-day marriage rule is an important requirement for foreign nationals who want to get married in the US. By understanding this rule and planning ahead, couples can ensure a smooth and successful marriage in the US.
- The 90-day marriage rule is a visa requirement for foreign nationals who want to get married in the US.
- It applies to foreign nationals who enter the US on a fiancé visa.
- If you don’t get married within 90 days of entering the US on a fiancé visa, you will be required to leave the country.
- To avoid issues with the 90-day marriage rule, it is important to plan ahead and make sure you have everything in order before the foreign national enters the US on a fiancé visa.
Example: John, a US citizen, and Maria, a citizen of France, want to get married in the US. John files a petition for Maria’s fiancé visa, and it is approved. Maria enters the US on a fiancé visa and they plan their wedding. They get married within 90 days of Maria entering the US, and everything goes smoothly.