One of the benefits of United States citizenship is the ability to bring your spouse to lawfully live with you in the United States as a result of being married. That said, just because you are married to someone does not mean that your spouse will automatically receive a visa. The visa application process could take time for your spouse to complete, and there could be some legal challenges to overcome, waiting times and a lot of paperwork.

For the purposes of finding more information about this type of visa in particular, applicants should refer to it as a “marriage-based green card” or a “marriage-based visa.” Here are the qualifications for eligibility for a marriage-based green card according to U.S. immigration rules:

  • You must prove that you are legally married and that the marriage satisfies the marriage requirements under U.S. immigration law.
  • You must prove that your marital agreement is “bona fide.” In other words, you did not simply marry a friend or partner for the purposes of obtaining a green card.
  • You can prove that your partner has U.S. citizenship or is a lawful permanent U.S. resident.
  • You can prove that you and your partner are not married to any other people.

Of course, the above information is merely a simplified overview of the requirements for obtaining a marriage-based visa to live and work within the United States. Many nuanced details of immigration law apply to each of the above requirements. If you want to obtain a marriage-based visa, you may want to learn more about the requirements by discussing the unique facts pertaining to your immigration case with a qualified immigration and attorney.