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Should you marry for a visa? Part 1
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If you're thinking about a visa marriage, you're not alone
In an international relationship, a huge deadline can sometimes creep up out of nowhere.
Maybe you met the love of your life while studying or working abroad. Suddenly your contract is up and you're scrambling to find a way to extend it. Or maybe your foreign sweetie is about to finish up their masters or PhD in the States and doesn't find the job market as receptive as they thought it would be. The visa is about to expire, and there's no hope of extension in sight.
Getting a proper visa is one of the most mind-numbing, time-consuming processes in the world, and the worst thing about it is that there's no guarantees. There's nearly always way more applicants than spots, and you might find yourself waiting for years. If you've been with someone for a while, an “easy answer” may be creeping into your mind. Should you marry for a visa?
(Keep in mind, this column will address the issues of two people in love who are considering marriage “for real”, not people who have financial deals worked out to marry a foreign national, or friends who marry with the intention of getting divorced when the greencard is issued. To those people I can only caution that the Department of Homeland Security is probably smarter than you think, and fines are staggering.)
First off, marrying for a visa is no “easy answer”. Filing for a Spousal or Fiance visa from abroad can take well over a year and costs upwards of $1,000. The paperwork requires you to provide photos of the two of you, records of phone calls and emails, and often to describe the nature of your relationship. If your prospective fiance is already in the states, simply getting married isn't the quick fix you might expect. He or she will need to change their visa status- a costly and confusing process. If their visa expires in the process, that makes it all the more difficult.
That being said, yes, you have a much better chance of getting the visa as husband and wife. There are no quotas for visas issued to immediate relatives of US citizens, meaning that when you apply for your spouse, you're not in competition with other applicants. If you complete your paperwork correctly and pay the fees, you should get your visa eventually.
But is it worth it? You and your partner are talking about marriage way sooner than you expected to- and you're at a loss. Look out for Part 2 of this column for some practical advice to help you make a decision.
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