Are you interested in bringing your spouse to the United States? If yes, this is practically possible provided that he or she meets the eligibility criteria. According to USCIS, any person who qualifies for the marriage-based green card is also eligible for the work permit.
Applying for work and marriage permits or visa
For your spouse to be eligible for a marriage visa, he or she must show:
- That your marriage is legal
- You must be in bona fide one
- You are not married to another person
- Prove that you are a lawful permanent citizen
You should be married legally
Anyone applying for the marriage-based green card or visa must prove that he or she is legally married. This means that his marriage is officially recognized in the state where she or she is married. The central government should also recognize this marriage. Domestic partnerships are not recognized when it comes to immigration. Some of the marriage procedures that are recognized include church weddings and customary tribal practices. For the customary case, it should be recognized in the country where you come from.
You need to be in a bona fide marriage
This is a marriage in which people intend to stay together and establish life as a wife and husband. Any marriage that has been established to obtain an immigration green card or visa is not considered to be bona fide. In fact, this is a “fraudulent” or “sham” marriage. USCIS will ask you a lot of questions when making your application to establish is your marriage is bona fide. They are very strict on this issue.
You have married a permanent resident or citizen of the US
You can only apply for a spouse visa or permanent residence in the US if you are a green card holder or a United States citizen. Individuals having the temporary right of living in that country are not eligible for a permanent resident visa.
What do you need to demonstrate that you are a permanent resident of the US?
- A copy of US birth certificate
- A valid passport
- Your copy of naturalization certificate
- Your citizenship certificate