Imigrasi ke Amerika berdasarkan pernikahan

Visa Pernikahan (atau Visa K3 atau Visa pasangan) dibuat untuk mempermudah dan mempercepat proses membawa pasangan ke Amerika. Sebelumnya, proses ini memakan hampir 2 tahun untuk WN Amerika untuk membawa pasangannya berimigrasi ke Amerika.

Meskipun waktu proses sudah diperpendek, masih juga diperlukan beberapa bulan untuk memproses visa K3. Namun, hal itu tidaklah segampang membalikkan telapak tangan, saat ini, di mata USCIS banyak orang asing yang menikahi WN Amerika hanya untuk memperoleh 'green card' dan tinggal di Amerika. USCIS akan menyaring dan memutuskan bahwa orang asing pasangan WN Amerika ini layak untuk tinggal di Amerika atau tidak.

  Immigration Based on Marriage

The Marriage Visa ( also known as the K3 Visa or Spousal Visa ) was created to help reduce long delays in USCIS ( formerly the INS ) processing for bringing a foreign spouse into the U.S. Before the new K3 Marriage Visa regulations went into effect in August 2001, it was almost always a mistake for an American citizen to marry overseas and then petition to immigrate his foreign bride. Previously, it took up to two years or more to process the immigrant spousal visa. Many complained that a two-year separation from a spouse in every case was excessive. The new K3 visa regulations have helped to shorten the processing time for a spousal visa from years to months. K3 visa regulations are patterned after Fiancee Visa (K1 Visa) regulations for bringing a fiancee to the US first, before marriage.

While it is true the processing time has been reduced, it still takes several months on average to process the K3 visa. Americans often believe incorrectly that they can marry overseas and obtain a marriage visa for their foreign spouses on short notice, then board the next plane together headed for the U.S. What they fail to consider is that in the eyes of the USCIS and US Consulates abroad there are plenty of undesirable foreigners who want to obtain a "green card" and live in the U.S. permanently. Immigration officials often do not want foreigners to immigrate, married or not. From their point of view, your case is the same as any other and each case must be examined in detail.

Some foreigners have criminal records while others have communicable diseases. Still others do not have sincere intentions and will do almost anything — including marrying an American — in order to obtain a US green card. The U.S. tries to prevent all immigration it believes will harm U.S. interests.

Especially now, after the 9-11 (2001) attacks, immigration across the board has tightened. Within the USCIS ranks, March 11, 2002, was an even more important turning point in immigration policy. That date is when the USCIS issued student visas to Mohamed Atta and Marwan Al-Shehhi. These two individuals received student visas long after they died while committing the 9-11 terrorist acts. No one up and down the chain of command at the USCIS or overseas Consulates wants to repeat that mistake or take the heat for allowing an undesirable foreigner into the U.S. The pressure is currently felt all the way down to the immigration caseworker reviewing your case. The Attorney General issued a "zero tolerance" policy for any USCIS officer caught failing to scrutinize cases vigorously.

As far as foreign marriages are concerned, the USCIS and Department of State both believe that more than half of all marriage applications they process are based on sham marriages. It is not surprising then that the USCIS and U.S. Consulates abroad are especially careful about investigating and restricting marriage visas. Review and investigation can take a great deal of time, especially when considering the vast number of foreigners who apply each year to enter the U.S.

Nonetheless, if the foreign spouse qualifies, the Marriage Visa is the proper and legal means for a US citizen to bring his or her foreign spouse to the US after marriage. Handled properly, the foreign spouse can enter the U.S. in a matter of months with a K3 visa.