Understanding the marriage visa requirements is essential if you are married or planning to marry a U.S. citizen or permanent resident. This guide will help you make 2025 the year you achieve your dream of starting a new life together in the United States.

As the name suggests, a marriage-based visa is granted based on a legal marital relationship. According to U.S. law, this means the couple must be legally married. In some cases, being engaged also qualifies.

However, simply living together does not meet the spouse visa requirements. The marriage must be genuine, meaning there must be valid proof of the existing marriage or the intent to marry.

Does your marriage meet the eligibility criteria for a marriage visa? What is the best application process for your situation? Answering these key questions beforehand can avoid complications.

While hiring an attorney is not mandatory, working with an experienced immigration lawyer can provide peace of mind. At Moumita Rahman – Immigration Attorneys, we guide you through each step so you can confidently make informed decisions.

How to Apply for a Marriage Visa

If you’re looking to apply for a marriage-based visa, your options will depend on your specific situation. Here’s how the process works in some of the most common cases:

1. Living Outside the United States

Suppose you are married to a U.S. citizen and live in another country. In that case, your spouse can apply for an immigrant visa for spouses on your behalf.

For example, Ana, a U.S. citizen, recently married Luis, who lives in Mexico. Ana must file a petition from the United States to begin the marriage visa application process.

2. Marriage Outside the U.S.

If your wedding occurred outside the U.S., the foreign spouse can apply for a K-3 nonimmigrant visa. This visa allows them to enter the U.S. while their green card sponsorship is processed.

This was the case for Pedro and Sofía, who married in Argentina. Sofía, a U.S. citizen, filed the petition. Pedro could travel to the U.S. with a K-3 visa while awaiting his residency approval.

3. Engaged but Not Yet Married

If you’re engaged and one of you is a U.S. citizen, you may qualify for a K-1 fiancé(e) visa. This visa allows the foreign fiancé(e) to enter the U.S. if the marriage occurs within 90 days of arrival.

For example, Daniel, a U.S. citizen, is engaged to Valeria, a Colombian. Daniel will apply for a K-1 visa, allowing Valeria to travel to the U.S. Once married, they will begin the marriage-based green card application.

4. Same-Sex Marriages

Same-sex couples have the same U.S. immigration sponsorship rights as opposite-sex couples.

U.S. Citizenship and Immigration Services (USCIS) recognizes marriages based on the laws of the country where the marriage took place, even if the couple currently lives in a U.S. state that does not recognize same-sex marriage.

For example, Carolina and Elena got married in Spain. Since Carolina is a U.S. citizen, she was able to file a petition, and Elena successfully applied for her marriage-based visa without issues.

Marriage Visa Requirements in the U.S.

Once you’ve decided to apply for a marriage visa, it’s crucial to understand the conditions of your marriage and your spouse. You must meet them to get approval.

The specific spouse visa requirements may seem overwhelming if you’re unfamiliar with the process. However, don’t let that discourage you. Understanding the key eligibility criteria will help you confidently navigate the marriage visa application process.

Below, we outline some of the most essential marriage-based visa requirements:

Marriage Eligibility Requirements

To be eligible for a marriage-based green card, the marriage must meet the following conditions:

• Legally Recognized Marriage: The marriage must be legally valid in the country or state where it was performed. A valid marriage certificate is required; in polygamy cases, only the first spouse is eligible for sponsorship.
• Genuine Relationship: The marriage cannot be fraudulent or solely for immigration benefits. If fraud is detected, the application will be denied, and both parties may face severe consequences, including:
  • Deportation
  • Up to five years in prison
  • Fines of up to $250,000
• Conditional Residency for Recent Marriages: If the marriage is less than two years old at the time of approval, the spouse will receive conditional permanent residence.

Petitioning Spouse Requirements

The U.S. citizen or permanent resident sponsor must meet the following sponsorship requirements for immigration:

• U.S. Citizenship or Permanent Residency: A U.S. citizen or green card holder can sponsor their spouse. However, if the petitioner obtained their green card through marriage, they must wait five years before sponsoring a new spouse.
• Minimum Age of 18: The sponsor must be at least 18 to sign the Affidavit of Support (Form I-864).
• Financial Stability: The petitioner must prove financial ability to support their spouse at 125% of the federal poverty level by submitting an Affidavit of Support.
• U.S. Residency or Intent to Return: If the petitioner lives abroad, they must provide evidence of intent to move back to the U.S., such as an employment offer.
• No Criminal History That Poses a Risk: If the petitioner has a history of crimes against minors or poses a potential danger to the applicant, USCIS may deny the petition.

Beneficiary Spouse Requirements

The foreign spouse applying for the marriage visa must also meet specific criteria:

• Health and Medical Examination: Some health conditions, such as communicable diseases or severe mental disorders, may be inadmissible. However, waivers may be available in some cases.
• No Serious Criminal Record: Convictions for serious crimes may lead to ineligibility. Some offenses allow for a waiver request, but crimes like drug trafficking typically do not qualify for exemption.
• No Immigration Violations: Providing false information to immigration authorities, entering the U.S. unlawfully, or failing to attend deportation hearings can negatively impact the application.
• Not Considered a Public Charge: The foreign spouse’s application may be denied if the applicant is deemed likely to depend on public benefits. The U.S. government requires proof that the applicant will be financially self-sufficient.

Marriage Visa Application Process

Obtaining a marriage-based visa in New York or anywhere in the U.S. in 2025 requires following specific procedures and providing the necessary documentation. The process varies depending on your immigration status and that of your spouse.

If you are a U.S. citizen, you must initiate the residency process for your spouse. While the application is pending, your spouse may be eligible to apply for a K-3 visa, which allows them to enter and remain in the U.S. during Processing.

You must also apply if you are a permanent resident (green card holder). Still, your spouse must wait until a visa becomes available before proceeding with the next steps.

Once the petition is approved and a visa is available, your spouse can apply for permanent residency through one of two methods:

• Adjustment of Status (for spouses in the U.S.) – This process allows the applicant to obtain a green card without leaving the country.
• Consular Processing (for spouses abroad) – This requires completing the visa process at a U.S. embassy or consulate in their home country.

In both cases, applicants must complete a medical examination, undergo background checks, and provide proof of a legitimate marriage (such as financial records, joint accounts, and photos). U.S. immigration law also requires specific vaccinations for applicants before a visa can be issued.

The spouse will receive conditional residency if the couple has been married for less than two years at approval. To obtain permanent residency, both spouses must jointly apply for removal of conditions within 90 days before the conditional green card expires. Failing to do so could result in loss of legal status and possible deportation.

Suppose you requested a Social Security number during the visa application. In that case, it will be mailed to the U.S. address you provided approximately six weeks after arrival. If not, you will need to apply for it separately.

Marriage Visa Processing Time

The processing time for a marriage-based visa varies for each case. It depends on the workload at USCIS and other agencies involved. Several factors can cause delays, such as:

• Errors in documentation
• Insufficient evidence of a genuine marriage
• Delays in scheduling interviews or medical exams

It is crucial to follow each step carefully and seek guidance from an experienced immigration attorney to avoid setbacks.

Marriage Visa Costs

The cost of a marriage visa depends on the country of origin and the required application forms. Since every case is different, planning your budget in advance is essential to prevent unexpected expenses.

Typical marriage visa fees include the following:

• Government filing fees for petitions and applications
• USCIS-required medical examinations
• Translation fees for documents not in English
• Additional administrative costs related to the application

Understanding these expenses clearly will help you prepare for the financial aspect of the marriage-based visa process.

Marriage Visa Required Documents

If necessary, the U.S. Department of State advises applicants to bring original civil documents, certified copies, and translations to their visa interview.

The standard documents required for a marriage visa application in NY in 2025 include the following:

• A valid passport (must be valid for at least 60 days beyond the visa expiration date)
• Affidavit of Support from the sponsoring spouse
• Form DS-260 (Immigrant Visa and Alien Registration Application)
• Two passport-style photos
• Civil documents (such as birth and marriage certificates)
• Completed medical examination forms

These documents serve as proof of eligibility and must be adequately prepared to ensure a smooth visa application process.

Get Legal Help for Your Marriage Visa

Applying for a marriage-based visa is more than submitting documents and filling out forms—it is a life-changing process that requires careful attention from immigration authorities.

Providing false or misleading information, whether due to inexperience or unawareness, can have serious consequences, including denial of future applications.

Language barriers, adapting to a new country, and a lack of legal knowledge can make the immigration process overwhelming. That’s why having the support of an experienced legal team can make a significant difference.

Don’t wait until complications arise with your marriage visa requirements—prepare with professional guidance. At Moumita Rahman – Immigration Attorneys, we are here to help you confidently navigate the marriage visa process. Let us handle the legal requirements so you can focus on starting your new life. Schedule a consultation today!