To qualify for a marriage visa, you must first and foremost be legally married to a citizen of the United States. This topic is covered in great depth in attorney Ilona Bray’s book, Fiance’ and Marriage Visas, but some general guidelines are below.
This marriage will have to be proved by showing your marriage certificate. It should be noted, however, that, while there is no requirement that the marriage take place in the U.S., the certificate will need to be from a governmental office, not just the keepsake certificate many couples receive from a church or minister.
In addition, you’ll also have to prove that your marriage is real and not just a marriage of convenience to meet the visa requirement.
It should also be noted that you cannot obtain a temporary “visitor” visa simply to get married. This is considered visa fraud and could result in your green card application being denied.