Each year, over 160,000 citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence in the United States. Spouses of U.S. citizens are considered "immediate relatives" under immigration laws. Because immediate relatives are exempt from all numerical quota limitations, marriage to a U.S. citizen is considered the fastest way to obtain permanent residency.
If the marriage occurs in the United States, the citizen spouse must first submit a visa petition (form I-130) to the appropriate INS Service Center. The I-130 must be accompanied with supporting documents that prove the marriage is bona fide, that is, entered into for love. If the foreign-born spouse entered the United States legally, the foreign national could also submit an application for adjustment of status (form I-485). The filing fee for the I-130 is $110, the application for an adjustment of status $220, the application for work authorization $100, the application for a travel permit $95 and for fingerprints $25.
If the marriage occurs outside the United States, the foreign-born spouse usually remain in his or her country until he or she obtains a residency card. The process begins when the U.S. citizen spouse submits a visa petition (I-130) to either the INS office which has jurisdiction over his residence or directly to the U.S Embassy of Consulate in the country where the foreign-born spouse resides. The citizen spouse must attach the supporting documents that prove the marriage is bona fide.
Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC) that informs the foreign-born spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data which must be completed, signed and forwarded to the U.S. Embassy of Consulate abroad.
Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months. The State Department charges a fee of $325 for an immigrant visa.