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Marriage Visa

A marriage visa is given to any foreign spouse or fiancée of a U.S. citizen. The couple must be legally eligible for marriage under state law. There are several laws that determine the validity of one's marriage. This may vary considerably in many countries. However, what is listed here are the U.S. standards for marriage law. The law has several restrictions as to who can get married or not. The minimum age for marriage in the United States is 18. Minors, 16 and 17, can get their parents' consent before the marriage. Some jurisdictions in the U.S. and religious denominations allow same-sex marriages while other may not. There are also kinship restrictions to marriage. Marriage between close relatives such as siblings, first cousins or parent and child is strongly prohibited by both religious and legal bodies. The Catholic Church prohibits even marriage between distant cousins. In Australia, adopted siblings are also prohibited to marry.

Additionally, there are immigration laws pertaining to marriage. A K-1 Fiancée Visa, or marriage visa must be used by a partner who is a U.S. Citizen. Once approved, the petition will be forwarded to the National Visa Center and a U.S. embassy or consulate in the home country. Subsequently a schedule will be given for the fiancée to be interviewed.

Download Marriage Visa Forms

The status of the K-1 Visa will not immediately be changed after the marriage has been solemnized. One has to file an Adjustment of Status to become a legal permanent resident. A Green Card will have to be applied right after the marriage and not before. A proof of marriage, particularly a marriage certificate, is needed by the USCIS for the fiancée in order to file a Green Card.

There are measures of eligibility for the marriage petition. The first is that one must be a citizen of the United States in order to file it. Next, there should be a lawful marriage involved. If the marriage occurred abroad, then the state should recognize the marriage to be lawful. For the marriage visa, one must meet the public charge requirements. Most US Embassies demand to complete Form I134, or the Affidavit of Support. This is an affidavit proving the U.S. citizen will be able to support the spouse financially. The spouse must not take part in the following ineligibilities: the spouse must not be engaged in prostitution, must not be attempting to overthrow the government, has HIV or AIDS, is practicing polygamy or has overstayed his or her visa.

The processing time for a marriage visa differs. The best way to find out is to call the nearest immigration center. The visa will be valid for travel. The K-3 Visa may not be used as a work permit. After the husband or wife has received a marriage visa, he or she may then apply for work authorization. The spouse should demonstrate that he or she is able to provide for the other financially by passing an income status stating the husband or wife is 125% above the poverty line.