Submitting an I-130 Spousal Visa/Marriage Based Visa and US Marriage Visa

An I-130 marriage based visa is designed specifically for U.S. citizens married to foreign nationals. This I-130 US marriage visa allows the foreign national spouse to enter the United States as a green card holder. The green card status authorizes the foreign national to live and work in the United States permanently. The I-130 marriage based visa or spousal visa is a pathway to U.S. citizenship for many individuals and Visa Lawyer Group has approved hundreds of immigration marriage visas.

For a marriage based visa petition, also known as I-130 spousal visa, a spouse is a legally wedded husband or wife. Merely living together does not qualify for U.S. immigration purposes and therefore an I-130 marriage based visa. Common law marriages are accepted by U.S. Citizenship and Immigration Services but only if the laws of the country where the marriage took place also recognizes common law marriages and grants the couple all the same rights and obligations as traditional marriages.

As for same-sex marriages, the U.S. immigration system applies the definition used in the Defense of Marriage Act (DOMA) to define marriages for immigration purposes. Therefore, spouses in same-sex relationships do not qualify for a US marriage visa. Hopefully, immigration reform could bring changes in this area to allow for immigration marriage visas. There has been a lot of debate regarding the legal filing of a marriage based visa among same-sex marriages which will certainly draw more interest in the future. Stay informed with our Visa Lawyer blog to learn more about the proposed changes to the marriage based immigration laws.

Basic qualifiers for I-130 US marriage visa/Spousal Visa:

  • One Spouse (Petitioner) must be a U.S. citizen;
  • The Petitioner must be 18 years of age or older. The Petitioner must have a domicile or residence in the United States. Citizens living abroad have the option of filing the I-130 US marriage visa petition with the U.S. Embassy through a process called Direct Consular Filing. This would eventually lead to a marriage based visa.
  • The marriage must be the only marriage entered into by either spouse. Polygamous marriages are not recognized by the United States and thus are disqualified for US marriage visas.

Process for an I-130 U.S. marriage visa

The process for an I-130 US marriage visa is generally two fold and depends on the physical location of the foreign national spouse.

Step One: Every petition for an I-130 marriage visa begins with the U.S. citizen spouse filing a marriage petition with U.S. Citizenship and Immigration Service.

Step Two: The second part of the I-130 marriage based visa process depends on the foreign national’s physical location.

  • If the foreign national spouse is already in the United States, then the I-130 US marriage visa petition is filed along with an application for adjustment of status. Read our section on adjustment of status to learn more.
  • If the foreign national spouse is out side of the United States, the I-130 marriage visa petition is filed alone and processed by the Service Center. Once complete, the I-130 marriage visa petition is forwarded to the National Visa Center. The National Visa Center continues to adjudicate the US marriage visa and requests further documentation. Once all the required documentation is received, the I-130 file is moved to the local U.S. Embassy having jurisdiction over the foreign national spouse’s place of residence. The foreign national spouse is then required to attend a marriage interview at the Embassy before an immigrant visa stamp, authorizing entry into the United States, can be issued. If all goes well, you are issued a marriage based visa, also known as spousal visa.

    Remember, an immigration marriage visa can be petitioned so don’t believe others that say it’s not possible.

If you would like to know more about our I-130 marriage based visa services and submitting a petition for a spousal visa please call us at (845) 353-3500, email us, or SCHEDULE A FREE CONSULTATION.

Read more on I-130 Visas and Marriage Based Visas at our blog.