Navigating the Marriage-Based Petition Process: What You Need to Know
When building a life with someone from another country, navigating the marriage-based petition process is an essential step. To ensure you can start your life together in the United States, it is crucial to understand the intricacies of a marriage-based petition, the eligibility requirements, and what the process involves. In this article, we provide a comprehensive guide to help you grasp the key aspects of the marriage-based petition process.
Understanding the Marriage-Based Petition
In simple terms, a marriage-based petition allows a U.S. citizen or U.S. lawful permanent resident to sponsor their foreign-born spouse / beneficiary for a green card. The petition involves proving the authenticity of the marriage and meeting specific eligibility requirements set by U.S. immigration law. This process is fundamental in helping couples live together in the United States.
Who is Eligible to File/Sponsor the Petition?
To file a marriage-based petition, the petitioning spouse / sponsor must be:
- Lawfully married to the beneficiary;
- At least 18 years old;
- Able to demonstrate the financial ability to support the spouse, meeting the income requirements or having a joint sponsor if necessary; and
- A U.S. Citizen or a lawful permanent resident (green card holder).
Who is Eligible to Benefit from the Petition?
The beneficiary of a marriage-based petition is the foreign-born spouse of a U.S. citizen or lawful permanent resident. The beneficiary must be legally married to the sponsor and pass a medical examination. Generally, the beneficiary must have no criminal history, however, certain individuals may be eligible despite having convictions for less serious offenses. Others may be ineligible due to convictions for serious crimes and in some of those cases, the beneficiary convicted of a serious crime may apply for a waiver to cure the ineligibility.
If the beneficiary is applying for an adjustment of status in the U.S, he or she must have been admitted or paroled into the United States and must be physically present in the United States at the time the application is filed.
Proving a Good Faith Marriage
One of the critical elements of the marriage-based petition is demonstrating that the marriage is genuine and not solely for immigration purposes. Evidence to prove a good faith marriage includes:
- Marriage certificate;
- Joint financial accounts;
- Joint ownership of property or shared lease agreements;
- Photographs together at social events, the wedding, etc.; and/or
- Affidavits from family and friends attesting to the authenticity of the relationship.
Responsibilities of a Petitioning Spouse and Joint Sponsor
The petitioning spouse must meet certain financial requirements to prove they can support the beneficiary. This involves earning at least 125% of the federal poverty level for their household size. If the petitioning spouse’s income is insufficient, a joint sponsor can help meet the financial requirement. A joint sponsor is someone who is willing to accept legal responsibility for supporting the beneficiary with the petitioning spouse. A joint sponsor must meet all the same requirements as the petitioning spouse, except the joint sponsor does not need to be related to the beneficiary.
The petitioning spouse must also provide an affidavit of support, which is a legal commitment to support the beneficiary financially.
Visa Options for Marriage-Based Petitions
There are several visa options available for couples pursuing a marriage-based petition, depending on their current marital status and location.
K-1 Fiancé Visa
For engaged couples where the foreign-born partner lives abroad, the K-1 visa allows the fiancé(e) to enter the U.S. and marry their U.S. citizen partner within 90 days of arrival. After the marriage, the foreign spouse can apply for adjustment of status to obtain permanent residence.
Marriage-Based Adjustment of Status
For married couples living in the U.S., the foreign spouse can apply for permanent residence through adjustment of status. This process allows the spouse to remain in the U.S. while their application is processed, without needing to return to their home country.
CR-1/IR-1 Spousal Visas
For married couples where the foreign-born spouse lives abroad, the CR-1 or IR-1 visa allows the spouse to enter the U.S. as an immigrant and obtain lawful permanent residency upon arrival. The CR-1 visa is for couples married for less than two years, while the IR-1 visa is for couples married for more than two years.
Conclusion
Navigating the marriage-based petition process can be complex, but understanding the key aspects can make it more manageable. Whether you’re engaged or already married, knowing your options and requirements will help you and your partner start your life together in the United States. For personalized assistance and to ensure a smooth process, consider seeking support from an immigration attorney who can guide you every step of the way.
Call Our Immigration Attorney for Immediate Assistance
Do you have any questions or concerns about the marriage-based petition process? Our experienced immigration team is here to help. To set up a completely confidential initial consultation, please contact us right away. Let us help you and your partner navigate the complexities of immigration law and start your life together in the United States.