Marriage to a US citizen or lawful permanent resident does not automatically guarantee a marriage visa. Due to the increasing number of marriage frauds, the USCIS will carefully scrutinize all marriage visa applications. Any mistake on your part can result in your application being denied.
1. Wrong visa category
Marriage visa is a general term used to commonly describe the different types of visas issued to foreign spouses of US citizens and lawful permanent residents. Foreign spouses of US citizens must apply for a marriage visa under the immediate relative category whereas foreign spouses of lawful permanent residents must apply under the family second preference category. Applying under the wrong category will result in your application being denied.
2. Evidence of marriage
Remember, for the purpose of immigration, you must be legally married. Legally married does not mean staying together. You must be legally married under the laws and customs of the country in which you were married. You must submit evidence of your marriage along with the Form I-130. The best evidence of marriage is your marriage certificate. If you do not have a marriage certificate, you should provide other evidence of your marriage such as church records, marriage photographs, etc. In the absence of evidence of marriage, your application will be denied.
3. Affidavit of support
The US citizen or lawful permanent resident spouse must file affidavit of support. Failure to file this affidavit will result in your application being denied. US immigration laws prohibit the issuance of visa to any person who is likely to become a public charge.
4. Application details
You must complete the application form. Do not leave any questions unanswered. If the question is not applicable to you, write not applicable. Make sure that you have entered your personal information correctly. Your name, last name, date of birth, place of birth, country of birth, etc must match with the details on your passport. Make sure that you submit the completed application form along with the necessary documents to the right USCIS office. Sending it to the wrong USCIS office will only delay your application.
5. Documents
If you are submitting any foreign document in support of your application, you must submit a certified English translation of the document. Read the instructions carefully before you start filling the application form. If an original document is required, you must submit the original. Even a small error on the application form can result in your application being denied.
Getting legal help
Mistakes can prove costly when it comes to US immigration. Incorrect entries can result in your application being denied. You may even be subject to criminal prosecution and deportation. With an experienced US immigration attorney on your side, you can rest assured that your application is free of mistakes that can threaten your marriage visa.
