The Marriage Visa is issued as per the United States Immigration and Nationality Act (INA) for the foreign spouses of US citizens. Certain requirements or terms and conditions have to be followed as per the laws of the United States in order to obtain this visa.
This visa is basically a petition for a family based immigrant. Here, the US citizen files a petition for his immediate relative for an immigrant status. The immediate relatives include spouses, parents and children who are minor and unmarried which also include stepchildren. However, when it comes to stepchildren, this relationship should have been formed before the children were 18 years of age. It has to be realized that this immigrant visa is a form of Green Card only which permits the immigrant to live and work in the US.
Incase, a relative does not fall in the immediate relative category, he would be termed as the derivative beneficiary. So, in such a case, a separate petition has to be filed for each of such relatives.
It has to be remembered that before filing either the K1 Fiancé visa or an immediate relative petition, the major part of the process for immigration should have been done with before the immigrant’s entry into the nation. This is because the immigrant would enter the nation as a Green Card which means that the person would be eligible to find work the day he/she lands in the nation. This means that the background check on the applicant which includes the immigration history of the applicant, bona fides of the relationship etc. are carried out. With this, the applicant is also interview by the consular officers before obtaining a visa. The interview is conducted at a US Embassy in the native country of the applicant of which the applicant is a citizen.
The requirements for both the marriage visa as well as for the K1 Fiancé visa are more or less similar. The proof provided should be sufficient that the relationship with the US citizen is genuine. Thus, the evidence should include a marriage bona fide which is honest; legitimate as well as sincere. This should prove that the couple is legally and is not trying to evade the laws pertaining to immigration. Also, if the couple was into a previous marriage, they have to prove that it has been terminated before walking into this relationship.
To know more, it is best to contact an immigration and visa who deals with US immigration. He is always updated with the latest and the correct procedure to follow. However, make sure that you are consulting a genuine and a registered expert with a decent amount of experience.
