"USCIS Advice on Marriage to an American"

Many foreigners living in the United States marry people from their own country. But many foreigners want to marry US citizens. Therefore, the United States has a fairly high level of immigration through marriage. USCIS advises those starting a family with an American man or woman to keep a few things in mind.

1.Legal status

How long it takes for a foreigner to move to the United States to join his or her American spouse depends on his or her legal status in America.

• US Citizen: Since there are no annual quotas for the Immediate Relative (IR) category, the processing time for an immigrant visa after marriage to a US Citizen is the shortest. Usually this is from 8 to 12 months.

• Green Card Holder: If you are married to a green card holder, your visa application falls under the F2A category, which is limited by annual quotas. You will have to wait several years before you can travel to the US on an immigrant visa and receive a green card. Typically the total waiting period is about 5 years. During this time, you cannot apply for a tourist visa or any other non-immigrant US visa, such as a student visa (but you can still apply for an H1 or L1 if you qualify separately). So, before you marry such a person, you need to decide whether you are willing to wait that long.
• Nonimmigrant Visa: If a person is living in America on an H-1, L-1, or F-1 nonimmigrant visa, his or her spouse can immediately obtain an H-4, L-2, or F-2 dependent visa. It is worth remembering that these visas are not immigrant and are available for a limited period of time. If the original visa holder does not apply for a green card, the dependent visa will terminate at the same time as the primary holder's visa.

Before getting married, it is worth checking the legal status of the person living in the US and asking for proof (US passport, green card or non-immigrant visa stamp). Make a photocopy of this document and carry it with you.

2. Documents

Before getting married, do not be afraid to ask for these documents and also check their authenticity:

• Social Security Card and Driver's License. Make copies and carry them with you.
• Document on income and payment of taxes. You will need them to prove your financial support (Affidavit of Support).

3. K-1 visa

• The person living in the United States has already applied for a K-1 visa twice; he cannot apply a third time - he must first receive a refusal (refusal).
• If you are already married, it is against the law to declare single status for a K-1 visa.

4. If you obtain a visa by hiding your marital status, you may be deported and lose your citizenship (if you are given one in the future) even 10 or 20 years after this violation. If a person living in the US changes his or her mind, he or she will not be able to apply for a green card from you, even after marrying you. Once he or she has submitted an application, he or she may cancel the application at any time or simply refuse to provide proof of financial support.

5. Even if you have never been to the USA, a person living in America has the right to file for divorce at his place of residence, and you can be divorced by an American court. Unlike many other countries, you do not need to provide a good reason for divorce in the United States.

6. If a person living in the United States has previously been married and divorced or widowed, obtaining a visa in connection with marriage with such a person is much more difficult than with a person who was not married. This is due to the fact that the consular officer may suspect fraud in connection with a previous marriage. In this case, do not forget to ask for a divorce certificate or a death certificate of the previous spouse of the person with whom you are going to register the marriage. You will also need photographs and other evidence that your future spouse's previous marriage was real.