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Immigration Through Marriage

Marriage-based immigration: US green card interviews and fraud checks, tourist-visa weddings, adjustment of status, and spousal permits in Poland and Australia.

8 articles tagged marriage

Articles tagged “marriage”

How marriage-based immigration works

In the United States, a citizen or permanent resident starts the process by filing Form I-130 to prove the relationship with a foreign spouse. A spouse already in the country may then apply to adjust status with Form I-485. A spouse living abroad goes through consular processing at a US embassy or consulate.

The central question for USCIS and consular officers is whether the marriage is bona fide rather than entered into only for an immigration benefit. Shared finances, a joint lease, children, and consistent answers at the interview are the usual evidence. A finding of marriage fraud under INA section 204(c) can permanently block future petitions for that person. Entering on a B-1/B-2 visa with a preconceived plan to marry and stay may be treated as misrepresentation.

If the marriage is less than two years old when the green card is approved, the spouse receives conditional residence and must later file Form I-751 to remove the conditions. In EU countries such as Poland, a residence permit granted on the basis of marriage depends on that relationship continuing, so divorce usually means applying to the voivode on a new legal basis.