Marriage Visa Regulations

The process of obtaining a marriage visa is straightforward as long as the couple meet the requirements set out by the U.S. Citizenship and Immigration Services. USCIS looks for a legitimate, legally recognized union between heterosexual partners and requires evidence as well as an in-person interview to determine the eligibility of the couple. The regulations set out by the USCIS are available online in the Adjudicator's Field Manual at uscis.gov.

Bona Fide Marriage

The most important requirement in getting a marriage visa is proving a bona fide union. Section 204(c) states that a fraudulent marriage renders the alien ineligible for immigration. As visa fraud is a large concern, it is necessary for the intended immigrant to prove the legitimacy of the union. This can be done in many ways: submitting documents that show commingling of finances, joint tenancy or property ownership; birth certificates of mutual children; photos of the couple together and letters of reference from parties familiar with the couple.

Legal Marriage

Another regulation pertaining to spousal visas is the legality of the marriage ceremony. In section 21.3 - Petition for a Spouse, the requirement calls for a legal marriage certificate. This is normally enough to satisfy the requirement; however, there are certain situations, such as polygamous marriages or multiple spouses, which the United States does not recognize as a marriage even if it is legal in the foreign nation. Section 101(a)(35) of the regulations also states that proxy marriages, where both parties were not present at the ceremony, are not recognized, except if they have been consummated.

Proof of U.S. Citizenship or Lawful Permanent Residence

The petitioner who is petitioning for the alien spouse to join him in the United States needs to have established legal, permanent residence or citizenship in order to apply. Preference is given to the spouses of U.S. citizens, as a visa number is automatically available to be assigned to the case. The spouses of lawful permanent residents--holders of a green card--must wait until a visa number becomes available. Current wait times for a number to become available are generally several years.

Heterosexual Relationship

Section 7 of the Defense of Marriage Act defines marriage for legal purposes as existing between a man and a woman. This extends into the strata of immigration; homosexual marriages are not recognized by the federal government and may not be used as a basis for immigration. However, Section J of the Act states that a transsexual who has undergone gender reassignment surgery will be legally recognized as her chosen gender and not her birth gender and may be considered for a spousal visa.

Affidavit of Support

It is a requirement that the petitioner file an I-864 Affidavit of Support for his spouse in order to prove that she will not require public assistance upon her arrival in the United States. Title 8 of the Code of Federal Regulations (CFR) at 8 CFR part 213a outlines the specific requirements for a successful Affidavit of Support: the income guidelines for the household size must be met, reaching 125 percent of the current poverty guideline. This must be verified by submitting three years of U.S. tax returns. A joint sponsor may be used if the petitioner in the U.S. does not meet the income requirement on his own.