How to Apply for an Immigrant Visa Through Marriage in New York

How to Apply for an Immigrant Visa Through Marriage in New York

Applying for an immigrant visa through marriage in New York involves several crucial steps. If you're a U.S. citizen or a lawful permanent resident married to a foreign national, this guide can help navigate the application process effectively.

Step 1: Determine Eligibility

Before initiating the process, ensure that both parties meet specific eligibility requirements. The U.S. citizen or lawful permanent resident must demonstrate that the marriage is legitimate and not solely for immigration purposes. Gathering evidence such as joint bank accounts, cohabitation agreements, and photographs can strengthen your application.

Step 2: File Form I-130

The first formal step in the immigration process is filing Form I-130, Petition for Alien Relative. This form establishes the relationship between the U.S. citizen or permanent resident and their spouse. Along with the form, you will need to include:

  • A copy of your marriage certificate
  • Proof of your U.S. citizenship or permanent residency
  • Any evidence supporting the validity of your marriage

Make sure to check the official USCIS website for the most up-to-date filing fees and submission guidelines.

Step 3: Wait for Approval

After submitting Form I-130, you will need to wait for it to be approved by the United States Citizenship and Immigration Services (USCIS). Processing times can vary, so it's essential to monitor the status of your application on the USCIS website. Once approved, Form I-130 will be forwarded to the National Visa Center (NVC) for further processing.

Step 4: Submit Form DS-260

Once your petition is approved, the NVC will send instructions for submitting Form DS-260, the Online Immigrant Visa and Alien Registration Application. This form is necessary for the foreign national spouse to apply for an immigrant visa. Along with Form DS-260, you will need to submit several documents, including:

  • Passport-style photographs
  • Birth certificates
  • Police clearances from countries where the spouse resided
  • Medical examination results

Step 5: Pay Fees

The NVC will require payment of the immigrant visa application fee and any associated fees. Ensure that you keep receipts as proof of payment. Failure to pay fees on time can delay the process.

Step 6: Attend the Visa Interview

After your application is processed, both spouses must attend an interview at the U.S. Embassy or Consulate. During this interview, they will assess the relationship's authenticity and answer questions about your marriage and future plans. Prepare for the interview by reviewing your application and bringing all necessary documents.

Step 7: Receive Visa Approval

If your application is approved, the foreign spouse will receive an immigrant visa. This visa allows them to travel to the U.S. and seek admission at a port of entry. It's essential to enter the U.S. before the visa expiration date.

Step 8: Adjust Status if Necessary

Once the foreign spouse arrives in the U.S., they may be eligible to apply for a green card through Adjustment of Status by filing Form I-485 if the U.S. spouse is a citizen. This process can often be initiated shortly after the visa holder arrives in the country.

Conclusion

Applying for an immigrant visa through marriage in New York can be a complex process; however, by following these steps carefully and ensuring that you have all the necessary documentation, you can greatly increase the chances of a successful application.

Always consider consulting with an immigration attorney to assist you throughout the process, especially if you encounter any challenges or have specific questions regarding your unique situation.