Washington D.C. Marriage-Based Visa: Legal Guidance by Immigration Lawyers

To apply for a marriage-based immigrant visa (CR-1 or IR-1), applicants must meet the following criteria:

• The marriage must be legally valid in the jurisdiction where it was performed.
• One spouse must be a U.S. citizen or lawful permanent resident (green card holder).
• The couple must intend to live together in the United States.
• If married less than two years, the foreign spouse typically receives a conditional green card (CR-1).

U.S. immigration authorities, including USCIS and consulates, rigorously examine the bona fides of the marriage. Red flags include:

• Lack of cohabitation evidence
• Significant age differences without explanation
• Inconsistencies in interview statements
• Marriages immediately preceding removal proceedings

• Eligibility for permanent residence (green card)
• Freedom to work and reside anywhere in the U.S.
• Access to spousal sponsorship for dependent children
• Pathway to U.S. citizenship (after 3 years as a permanent resident)

The sponsoring U.S. spouse must provide:

• Proof of U.S. citizenship or permanent residency (passport, naturalization certificate, green card)
• Signed Form I-130 (Petition for Alien Relative)
• Form I-864 (Affidavit of Support) with evidence of financial capacity (e.g., tax returns, W-2s, employment letter)
• Certified marriage certificate
• Divorce decrees or death certificates from previous marriages, if applicable

The foreign spouse must submit:

• Valid passport
• Birth certificate
• Police clearance certificates from all countries of residence for more than six months
• Medical examination report from a USCIS-approved physician
• Form DS-260 (Immigrant Visa Application)
• Certified translations of all non-English documents

• Translations must be certified by a qualified translator.
• Some countries require documents to be apostilled or notarized by the issuing authority.

Filing the I-130 Petition

The U.S. citizen or permanent resident files Form I-130 with USCIS.

Processing time: 10–14 months (may vary).

National Visa Center (NVC) Processing

Once approved, the case is transferred to the NVC.

The petitioner submits Form I-864 and other civil documents.

Immigrant Visa Interview at U.S. Embassy or Consulate

Interview questions will assess the authenticity of the marriage.

The foreign spouse must attend in person.

Visa Issuance and Entry to the U.S.

If approved, the foreign spouse receives a visa to enter the U.S.

Upon arrival, the green card is mailed within weeks.

• Total processing time can exceed 18 months.
• Expedited processing is limited and only granted in compelling humanitarian or urgent cases.
• Applicants must not enter the U.S. on a tourist visa with intent to adjust status—it may be considered visa fraud.

An attorney is highly recommended when:

• There are previous immigration violations or visa overstays.
• One spouse has a criminal record.
• There is limited documentation of the relationship.
• The marriage occurred shortly before removal proceedings.
• The sponsor does not meet income requirements (but may use a joint sponsor).

Immigration attorneys help:

• Ensure accurate completion of forms
• Prepare supporting documentation and legal explanations
• Draft affidavits or personal statements
• Communicate with USCIS or embassies in case of RFEs (Requests for Evidence)
• Represent clients in marriage fraud interviews (Stokes interview)

Proper legal support reduces the risk of:

• Inadvertent visa fraud
• Misrepresentation
• Incomplete documentation
• Missed deadlines
• Inadequate preparation for consular interviews