Marriage is one of the most common ways for immigrants to enter the United States. Foreign nationals who marry United States citizens may be eligible for spousal visas. They can secure green cards once they enter the country. They may also eventually qualify for naturalization.
There has always been a degree of concern about the abuse of spousal immigration programs. As immigration policies evolve over time, the rules for marriage-based immigration inevitably change too. There has been a degree of media attention on marital visas recently.
Has the United States Citizenship and Immigration Services (USCIS) significantly altered its rules for marital visas?
Current changes have been minimal
Contrary to what people may have heard, the USCIS did not announce a sweeping overhaul of the marriage visa program. The most notable change is the switchover to newer forms when petitioning for spousal visas.
The rules that govern spousal visas are still largely the same as they have been for years. For example, the USCIS has long required proof of a bona fide marital relationship. That rule remains the same, although the scrutiny applied to marital relationships during a visa application might now be higher than it was before.
The fees that people pay are the same, although the USCIS is no longer allowing for combined fee payment. Spousal visas still lead to green cards, and those green cards might be conditional. If the marriage has lasted less than two years at the time spouses apply for a visa, the green card the immigrant spouse receives is conditional. They can remove their conditional status before the green card expires and are then eligible for a standard 10-year green card.
Those seeking spousal visas can anticipate largely the same process, although the documents that they have to execute are now slightly different than they were a few months ago. People have reported longer processing times for their visas. The more intensive vetting of marital relationships might lead to a longer turnaround time for visas in many cases.
People hoping to bring their spouses to the United States likely need guidance to ensure that they meet all of the requirements for a marriage-based visa, and that’s okay. Securing legal guidance while applying for visas can reduce the likelihood of minor issues complicating the immigration process.
This information is not intended to constitute legal advice nor does it create an attorney-client relationship between Law Offices of Robert P. Gaffney and anyone else. This information is not intended to be used as a substitute for specific legal advice based on an individual or organization’s particular facts and circumstances, and it should not be considered as such.
