Is there a 2-3 years marriage requirement before filing?

[MarkL 0]

This post is mainly for my fiancee for clarification.

 

On the travel.state.gov and USCIS websites I don't see any such requirement. I only see where it says if the foreign spouse wants to apply for permanent residency or citizenship they must have been married to the U.S. citizen for 2-3 years.

 

So the question is: Is there a requirement that the couple is married for 2-3 years before they can apply for a IR-1/CR-1 Spouse Visa?

[JessieABC 159]

I see people filing within the week after they were married.  I filed the month of.

 

When you got married isn't as important as how long you were together and how valid in the eyes of the USCIS your relationship is.  For example, if you were from a high risk country, and married your husband only after having known each other for a month (or on the first visit), there may be red flags triggered.  On the other hand, if you were from a high risk country but have known your husband for 5 years prior to the marriage, have more than enough documentation evidencing your relationship, then there is less risk of a red flag.

 

There are no official requirements as to when you can file - you could file the day of your wedding if you have the required documentation ready.  However, just keep in mind that there are requirements to prove the relationship at the preliminary USCIS stage.

[bcking 3,157]

We filed the day after our wedding. We had all of our paperwork ready and then just made a copy of the marriage certificate literally during our reception. We had her parents take it to the post office while we were on our flight to our honeymoon.

[Pink_Waters 56]

23 minutes ago, JessieABC said:

When you got married isn't as important as how long you were together and how valid in the eyes of the USCIS your relationship is.  For example, if you were from a high risk country, and married your husband only after having known each other for a month (or on the first visit), there may be red flags triggered.  On the other hand, if you were from a high risk country but have known your husband for 5 years prior to the marriage, have more than enough documentation evidencing your relationship, then there is less risk of a red flag..

what if the couple got married on the first visit due to the wife won't be able to visit again after no less than 2 years, and then they filed after 1 year of the date of marriage ?

Edited April 20, 2017 by Pink_Waters

[bcking 3,157]

9 minutes ago, Pink_Waters said:

what if the couple got married on the first visit due to the wife won't be able to visit again after no less than 2 years, and then they filed after 1 year of the date of marriage ?

I'm thinking English may not be your first language, so just to make sure I understand you:

 

You got married the first time you physically met each other, and filed 1 year after that marriage. You have not seen each other since that marriage?

 

If that is the case, you can still prove your marriage is legitimate but you have to provide substantial prove of that since you have limited real contact.

[JessieABC 159]

9 minutes ago, Pink_Waters said:

what if the couple got married on the first visit due to the wife won't be able to visit again after no less than 2 years, and then they filed after 1 year of the date of marriage ?

I can't speak for USCIS but I'm sure the following should be considered:

• How long did you know each other before you got married? 
• How long did you two spend together in person?  
• How did you meet?  If online, you should "frontload" your I-130 packet with proof of the relationship with regards to how you communicated
• Why did she not visit for 2 years?  Is the rest of the family aware of the relationship?  Have you met each other's family?
• Do you have children together?

The onus will be on you to prove that despite the time apart, that yours is a bona fide marriage.  They definitely weight quite heavily on time spent together in person so if she's only seen you once and it was for only a week to get married, it will definitely raise red flags but that does not necessarily mean you can't get approved.  As long as you have sufficient proof to back up the marriage and can explain the time apart.

[Pink_Waters 56]

13 minutes ago, JessieABC said:

I can't speak for USCIS but I'm sure the following should be considered:

• How long did you know each other before you got married? 
• How long did you two spend together in person?  
• How did you meet?  If online, you should "frontload" your I-130 packet with proof of the relationship with regards to how you communicated
• Why did she not visit for 2 years?  Is the rest of the family aware of the relationship?  Have you met each other's family?
• Do you have children together?

The onus will be on you to prove that despite the time apart, that yours is a bona fide marriage.  They definitely weight quite heavily on time spent together in person so if she's only seen you once and it was for only a week to get married, it will definitely raise red flags but that does not necessarily mean you can't get approved.  As long as you have sufficient proof to back up the marriage and can explain the time apart.

we spent 1 month together in person, and she can't visit for 2 years, because she had work license exam, and applied for a job, and that job cannot give her time off unless after 1 year of employment. 

and no we don't have a child together, I meet her family everyday online over cam while we are spending time together, and yes they know about us.

 

in my i-130 package i sent proofs including, video chat screenshots and conversations screenshots over the whole time since we have met, pictures of wedding and other personal pictures with me and my family, plane tickets, boarding passes, etc... also our calls log for the whole time since we have met, a spousal affidavit from her describing the relationship, and 1 sworn affidavit from her family, and last but not least life and auto insurance copies listing me as a beneficiary.

[bcking 3,157]

1 minute ago, Pink_Waters said:

we spent 1 month together in person, and she can't visit for 2 years, because she had work license exam, and applied for a job, and that job cannot give her time off unless after 1 year of employment. 

and no we don't have a child together, I meet her family everyday online over cam while we are spending time together, and yes they know about us.

 

in my i-130 package i sent proofs including, video chat screenshots and conversations screenshots over the whole time since we have met, pictures of wedding and other personal pictures with me and my family, plane tickets, boarding passes, etc... also our calls log for the whole time since we have met, a spousal affidavit from her describing the relationship, and 1 sworn affidavit from her family, and last but not least life and auto insurance copies listing me as a beneficiary.

That's a pretty good set of evidence to be honest.

[Pink_Waters 56]

Just now, bcking said:

That's a pretty good set of evidence to be honest.

I hope so 

 

[JessieABC 159]

1 hour ago, bcking said:

That's a pretty good set of evidence to be honest.

I agree with this.  I think you're fine.  

[MrChamploo 45]

You should be fine.

 

All i sent was pictures,boarding passes,proof shes on my life insurance and proof that she is an 'user' on one of my credit cards.

The pictures were all wedding pictures too,they do state they like 'non staged' pictures but didn't have any at the time.