Staying in the U.S. through Marriage: A Practical Guide for Immigrants

U.S. immigration officers are applying closer scrutiny to marriage cases this year, as couples decide between the Fiancé(e) Visa (K-1) route and a marriage-based green card through consular processing or adjustment of status. Officials say the process still centers on proving a real, legally valid relationship, financial support, and clean records, but applicants face tighter checks on the legal validity of their marriage and the timing rules that govern each path.

According to analysis by VisaVerge.com, the core sequence remains the same: the U.S. citizen or permanent resident files a petition, the government vets the relationship, and the foreign spouse attends an interview before approval.

Main paths and how they differ

The primary distinction depends on whether the couple is already married.

• If the couple is not yet married, a U.S. citizen can file Form I-129F to start the Fiancé(e) Visa (K-1) process. The K-1 permits the foreign fiancé(e) to enter the United States for the wedding. The couple must marry within 90 days of entry. If they marry in time, the new spouse may then seek a green card through adjustment of status. If the wedding does not happen within 90 days, the K-1 expires without extension and the foreign national must leave or risk deportation.

• If the couple is already married, they typically use Form I-130 to start the immigrant visa process leading to lawful permanent residence, either abroad at a U.S. consulate (consular processing) or in the United States if the spouse qualifies to adjust status.

Immigrant visa route (I-130 → consular processing)

USCIS first reviews Form I-130, which confirms the marriage relationship. Approved cases move to the National Visa Center (NVC) for document collection and then to a U.S. embassy or consulate for the visa interview.

• If the marriage is over two years old at the time of approval:
  • The spouse receives an IR1 visa and a 10-year green card.
• If the marriage is less than two years old:
  • The spouse receives a CR1 visa and a conditional two-year green card.
  • Before that card expires, the couple must jointly file to remove conditions to obtain a permanent 10-year card.

These labels—IR1 and CR1—determine the next steps and the timing of future filings.

Adjustment of status (for applicants already in the U.S.)

Applicants who are already in the United States after a lawful entry may apply for adjustment of status once they are married, if they otherwise qualify. This route is commonly used by:

• K-1 entrants after the wedding
• Spouses who entered on a visitor or student visa and later married a U.S. citizen

USCIS will check that the marriage is bona fide—meaning the couple married to build a life together, not to obtain immigration benefits. Officers often review joint documents, photos, and testimony during an interview to confirm the relationship. Approval typically results in a green card being produced within weeks, although timelines vary by office and case factors.

New emphasis on legal validity of marriage (effective March 3, 2025)

A key policy change since March 3, 2025 requires proof that the marriage was legally registered and recognized by civil authorities where it was performed. Important points:

• Religious or traditional ceremonies without civil registration may not qualify for immigration benefits.
• This change affects refugees and asylees who married in displacement or in countries without civil registration.
• Couples should gather:
  • Official marriage certificates
  • Certified translations, where needed
• If local rules required both religious and civil steps, officers will expect proof the civil registration was completed.

This policy aims to reduce fraud and align USCIS decisions with the civil laws of the place of marriage, but it poses challenges for marriages performed where civil records were unavailable.

Warning: Religious or customary marriages without civil registration can be denied for immigration benefits unless a lawful civil record or permitted alternative proof is provided.

Financial sponsorship: Form I-864 (Affidavit of Support)

Financial sponsorship remains mandatory.

• The petitioning spouse must file Form I-864 (Affidavit of Support) and meet income requirements based on household size.
• The sponsor must show domicile in the United States (a home or intent to maintain a U.S. residence).
• If the sponsor’s income is insufficient, a joint sponsor can help; the joint sponsor takes the same legal obligation.
• Common evidence required:
  • Recent tax returns
  • Proof of current employment
  • Pay stubs and wage statements

Lack of a complete Affidavit of Support is a frequent cause of delays, so sponsors should track all required evidence carefully.

The interview: the pivotal step

At both consulates abroad and USCIS offices inside the U.S., interviews are central to proving the marriage is real.

• Expect direct questions about:
  • How you met
  • Daily life and shared routines
  • Future plans together
• Officers may separate spouses and compare answers.
• Typical documents reviewed:
  • Joint leases and bank accounts
  • Photos and correspondence
  • Testimony from friends/family (when relevant)

Approval often follows soon after a successful interview and final security checks. However, marriage to a U.S. citizen does not guarantee immunity from removal if other immigration rules are broken. There are case-by-case relief options—such as waivers or humanitarian protections—in limited situations.

Official guidance and forms

USCIS encourages applicants to follow official instructions and rely on primary sources. The agency’s family immigration page offers step-by-step outlines for immediate relatives and links to forms and checklists.

• Official guidance: Green Card for Immediate Relatives of U.S. Citizen
• Petition forms:
  • Form I-130 — for spouses already married to a U.S. citizen or permanent resident
  • Form I-129F — for the Fiancé(e) Visa (K-1)
  • Form I-864 — Affidavit of Support

Policy changes overview (summary)

• USCIS now expects a government-issued marriage certificate from the country of marriage.
• For marriages in conflict zones or refugee settings without civil records:
  • Couples may need to seek late registration where permitted.
  • Alternative lawful proof may be acceptable if allowed by local rules.
• The focus on civil registration is intended to:
  • Curb fraud
  • Align immigration decisions with local civil laws
• Practical challenge: People who married where civil offices were inaccessible face additional steps to validate their marriages.

Time-sensitive rules to remember

• K-1 (Fiancé[e] Visa):
  • Strict 90-day wedding deadline after entry — no extensions.
  • After marriage, the couple must file for adjustment of status (forms, fees, biometrics, interview).
• Immigrant visa path (I-130 → consular processing):
  • Timeline depends on backlogs, security checks, and consular capacity.
  • Process follows: petition → pre-processing/document collection → interview → entry as a permanent resident (if approved).

Practical impact and common scenarios

Consider three common situations:

1. U.S. citizen in Texas planning to marry a partner overseas:
   • K-1: Brings partner sooner for the wedding; must marry within 90 days; then file for adjustment.
   • I-130/consular processing: May be longer up front but leads to permanent residence upon entry (IR1/CR1).
2. Couples married for less than two years at approval:
   • Receive a CR1 and a two-year conditional green card.
   • Must file to remove conditions later; maintaining joint records (leases, accounts) helps prove bona fides.
3. Spouse who entered on a visitor visa and then married a U.S. citizen:
   • May qualify for adjustment of status without leaving the U.S.
   • USCIS will scrutinize timing and intent; strong documentation and consistent testimony are critical.

Additional practical notes:

• Sponsors who changed jobs or experienced income dips may arrange a joint sponsor early to avoid delays.
• Domicile questions may require proof such as a U.S. job offer, lease, or other ties showing intent to re-establish a U.S. home.
• Document prior marriages (divorce decrees or death certificates) and disclose any criminal or court records; omissions can lead to delays or denials.

Which path is faster?

• There is no single answer; it depends on:
  • Where the fiancé(e) or spouse lives
  • Local processing times and backlogs
  • Completeness and quality of the application
• What couples can control:
  • Complete forms correctly
  • Pay proper fees
  • Provide organized, clear evidence
  • Plan for K-1 timing or consular timelines in advance

Final takeaways

• The key principles across all routes:
  • The government must be convinced the marriage is real and legally valid
  • The sponsor must be able to support the immigrant (Form I-864)
  • The applicant must be otherwise admissible
• Marriage to a U.S. citizen strengthens an immigration case but does not protect against removal if laws are broken.
• Marriage-based paths still offer real and established avenues to lawful status when handled correctly. Couples who stay honest, follow deadlines, and present clear, complete records put themselves in the best position for approval.