The USA marriage visa process can feel overwhelming: complex forms, specific requirements, and waiting periods that test your patience. However, with the right information, preparation, and support, this journey can become much more manageable and successful.

To give you an idea, in fiscal years 2022 and 2023, U.S. Citizenship and Immigration Services (USCIS) approved over a million green cards, many granted to people like you who chose to build a life with their partner in this country.

Each marriage visa process varies depending on its unique factors. For example, if the foreign spouse is already in the U.S. and married to a citizen, adjustment of status typically takes 9.3 months. However, consular processing from abroad may take slightly longer.

If you are seeking stability, security, and a better future with your loved ones, this guide is specifically designed for you. Here, Moumita Rahman – Immigration Lawyers explains each step clearly so you can navigate the process confidently.

The Marriage-Based Immigration Process

We know the American dream feels more real when shared with the person you want to spend your life with. Marriage to a U.S. citizen or lawful permanent resident (Green Card holder) can be a legitimate and powerful path to permanent residency in the United States. However, this process isn’t automatic or free from regulations. To succeed, you must carefully follow the immigration procedures established by USCIS.

How to apply for a marriage visa

The marriage-based green card process requires careful attention to documentation, proof of a genuine relationship, and strict deadlines. Understanding each step is crucial to avoid delays or denials. Below, we break down the process according to the State Department USCIS marriage visa requirements and guidelines.

1. I-130 Petition – Alien Relative Petition

The U.S. citizen or permanent resident spouse must file Form I-130 with USCIS to establish the legal marital relationship.

Required documentation:

• Marriage certificate
• Proof of petitioner’s citizenship/legal status
• Evidence of bona fide marriage (joint accounts, leases, photos, children together)

Processing time: 6-12 months (varies by service center)

2. Form I-485 – Adjustment of Status (if applicant is in U.S.)

This I-485 form allows the foreign spouse to adjust status without leaving the country. Available if the spouse entered legally, even with expired status in some cases.

Key features:

• May be filed concurrently with I-130
• Includes applications for:
  • Work authorization (I-765)
  • Advance parole (I-131)

Processing time: 10-24 months

3. Consular Processing (if applicant is abroad)

Cases are transferred to the National Visa Center (NVC) and then to the appropriate U.S. consulate.

Requirements:

• DS-260 form
• Medical exam by an authorized physician
• Police clearance certificate
• Consular interview

Processing time: 12 to 18 months (varies by country)

4. USCIS/Consular Interview

Both spouses must attend an interview where an officer will assess:

• Marriage authenticity
• Compliance with immigration requirements

Common questions:

• Where did you meet?
• What did you have for breakfast today?
• How did you celebrate your last anniversary?

Bring updated evidence: Recent photos, joint insurance policies, emails, etc.

5. Conditional Green Card

If you are married for less than 2 years when your residency is approved, your spouse receives a conditional Green Card. This green card depends on whether you started your Immigration process after marriage or before.

Critical requirements:

• Must file Form I-751 90 days before card expiration
• Submit additional proof of ongoing marital union
• Failure to file may result in loss of residency

Common Risks in the Marriage Immigration Process and How to Avoid Them

Risk	Prevention Method
Insufficient relationship evidence	Gather solid documentation: photos, affidavits, joint accounts
Errors in forms	Double-check every document; use professional help
Missing interviews	Monitor all notifications and confirm attendance
Criminal or immigration history	Consult an attorney before starting the process

Having an experienced immigration attorney can make the difference in complex cases, especially when involving children, previous divorces, irregular immigration history, or income below the required threshold for financial sponsorship (Affidavit of Support).

Marriage Visa Requirements in the U.S.

The Marriage Visa is one of the most common paths to obtain permanent residency in the United States. However, this process requires meeting specific requirements for both the petitioning U.S. citizen or legal permanent resident and the foreign spouse.

These requirements are designed to verify the relationship’s authenticity and ensure both parties qualify under the Immigration and Nationality Act. Key criteria include:

Legal Authorization to Petition

The petitioner must be a U.S. citizen or a lawful permanent resident (Green Card holder). This status must be proven with official documents, including:

• U.S. birth certificate
• Naturalization or citizenship certificate
• Permanent resident card (Form I-551)

Intent to Establish U.S. Residence

The petitioner must genuinely intend to live in the U.S. with their spouse. Immigration authorities reject applications where couples plan to reside permanently abroad, as the immigration benefit requires establishing a family life in the United States.

Financial Support Requirements

The petitioner must demonstrate sufficient income or assets to support the immigrant spouse and prevent them from becoming a public burden. This is formalized through the Form I-864, a legally binding support agreement.

Income must meet:

• At least 125% of federal poverty guidelines (based on household size)
• Co-sponsors may be used if income is insufficient

Proof of Bona Fide Marriage

The marriage must have been entered into in good faith to build a life together, not for immigration benefits. USCIS scrutinizes the relationship’s authenticity using evidence like:

• Photos from different relationship stages
• Joint bank accounts/assets
• Sworn affidavits from acquaintances
• Travel history and cohabitation records

Requirements for Foreign Spouses: Marriage Visa in the U.S.

Foreign spouses must meet specific eligibility criteria, like:

1. Legally Married to a U.S. Citizen/Resident

The applicant must be legally married to the petitioner, with the marriage recognized as valid in the jurisdiction where it took place.

Key restrictions:

• No common-law marriages are accepted
• Religious ceremonies alone don’t qualify. They must comply with civil marriage laws.

2. Admissibility to the United States

Applicants must meet Section 212 requirements of the Immigration and Nationality Act.

Grounds for Inadmissibility Include:

• Criminal convictions (felonies, crimes involving moral turpitude, drug trafficking)
• Negative immigration history (prior deportations, illegal entries)
• Public health risks (communicable diseases like tuberculosis)
• Fraud in previous immigration applications

Note: Some inadmissibility grounds may be waived through an I-601 waiver.

3. Medical Examination Requirements

Must complete an exam by a State Department or USCIS-authorized physician, including:

• Full physical evaluation
• Vaccination record review
• Testing for communicable diseases
• Assessment of mental/physical conditions affecting public safety

Additional Considerations

• Minimum Age: Petitioner must be at least 18 years old to sign the I-864 Affidavit of Support.
• Conditional Green Card: If the marriage has less than two years at the time of approval, the applicant receives a conditional green card valid for 2 years.
• Supplemental Evidence: Crucial for cases with red flags (large age gaps, language barriers, prior marriages).

Marriage visa timeline USA

Processing times vary depending on several factors:

• Whether your spouse is a U.S. citizen or a permanent resident
• Your country of origin
• Current workload at USCIS and the National Visa Center (NVC)

Estimated Processing Times:

• Form I-130: 6 to 12 months
• Adjustment of Status (I-485): 8 to 18 months
• Consular Processing: 8 to 18 months after I-130 approval

For the most current processing times, always check the official USCIS website.

Marriage Green Card Interview Process: Your Complete Guide

The marriage visa interview is one of the most critical steps in the spousal immigration process. Its primary purpose is to verify the legitimacy of your marriage and identify potential immigration fraud. During this interview, consular officers, for overseas interviews, or USCIS officers, for U.S.-based interviews, will ask both spouses detailed, specific questions about your relationship.

Preparation Checklist

• Review key relationship details together (how you met, daily routines, family traditions)
• Gather documents needed for a marriage visa:
  • Dated photos from different stages of your relationship
  • Joint leases or utility bills
  • Shared bank account statements
  • Insurance policies listing each other as beneficiaries
• Practice common questions through mock interviews
• Dress professionally to show respect for the process
• Answer naturally, avoid memorized responses

Remember, honesty and consistency matter more than a “perfect” relationship story. Officers look for authentic connections, not scripted answers. Experienced Immigration attorneys can provide crucial guidance and support if your case has complexities.

Your New Life in the U.S. Starts Here

For many people, their future plans, dreams, and love life depend on successfully going through the marriage visa process. With so much at stake, it is crucial to have the support of an experienced immigration law team that can help you maximize your approval chances, avoid common mistakes that cause delays, and navigate complex situations with confidence. Contact us to start your spouse visa application steps with the person you love.