Immigration Options for Married or Engaged Couples

This Valentine’s Day, we wanted to remind you of the immigration options available to married and engaged couples.

Foreign Spouses of U.S. Citizens

Close family ties, such as a spousal relationship, are the most common way to get permanent residence in the U.S. Foreign spouses of U.S. citizens can obtain permanent resident status, symbolized to many people by the “green card.” This gives foreign spouses the right to live and work in the U.S. without time limitations and qualifies them as “immediate relatives” of U.S. citizens. They are also highly preferred as candidates for immigration, with no numerical limit on how many immediate relatives of citizens may become permanent residents in any one year.

Eligibility is simple: The marriage must not be a “sham.” Rather, it must have been legally entered into and must still exist.

Same-sex couples have equal protection in spousal immigration cases and may access spousal immigration benefits just like heterosexual couples.

Fiancé Visas

U.S. citizens who wish to bring a foreign national fiancé living abroad to the U.S. to marry can apply for a visa. In foreign fiancé cases, U.S. citizens must show they:

• Are U.S. citizens
• Intend to marry within 90 days of their foreign fiancé entering the U.S.
• Are free to marry, meaning any previous marriages have been legally ended

After admission to the U.S., a foreign fiancé may immediately apply for permission to work. This work authorization would be valid for only 90 days after entry but is eligible for extension through the green card process. As to the processing timelines and wedding planning, each foreign fiancé visa case varies. Timelines will differ depending on the procedures in place at the various consulates across the globe.

Please contact Brandon Davis or Laura Buck of Phelps’ Immigration team for more information about green cards based on engagement and marriage.