According to Shakespeare, the “course of true love never did run smooth.” Of course, Shakespeare was not dealing with the United States immigration laws when he wrote this verse, but he may well have had an inkling about the troubles that future couples would have in trying to join their lives in the United States when one of them was born in another country. Considering other aspects of United States immigration law, the path for bringing a fiancé to the United States is not especially complex. Nevertheless, the requirements for obtaining a visa for a foreign-born spouse require careful attention to procedural details and various deadlines involved in the process.
Requirement No. 1: The existence of a valid marriage
The couple who wants to unite their lives in the United States must first demonstrate that they have a valid marriage under the laws of the foreign spouse’s government. This fact may be proved in several ways, but possession of a valid marriage license is essential. Photographs of the couple enjoying various experiences are helpful, and the sworn testimony of the couple’s friends can be very persuasive. The mere verbal assertions of the couple will almost never persuade a customs officer that the marriage is valid. Any couple seeking a visa for a foreign spouse must remember that the marriage must have been entered into for the purpose of building a life together, not merely to obtain immigration benefits.
The couple must also be able to demonstrate that the U.S. citizen will be able to support the non-resident spouse if the visa is granted. The couple should be prepared to demonstrate that the immigrating spouse has no criminal history or other factors that would bar the person’s admission into the United States.
Requirement No. 2: The application process
The member of the couple who is a United States citizen or lawful permanent resident must file Form I-130 with the United States Citizenship and Immigration Services. Filing this form begins then process of establishing that the couple has been validly married in the immigrating spouse’s country of origin. If the immigrating spouse is living outside the United States, the application will be sent to the National Visa Center in the U.S. and then to the consulate or embassy in the immigrating spouse’s home country for final processing.
An important part of the visa process is an interview with an official of the nearest U.S. embassy or consulate. All of the necessary documents, e.g., marriage license, photographs, travel records, and records from a recent medical examination, must be submitted at or before the meeting with the consular official.
At this point, the couple’s work is finished. Now, their only task is waiting for the decision.
