Helping Unite Married Couples Across National Borders via Immigration Law
If you are a U.S. citizen or a legal permanent resident who has recently married a foreign national spouse, it’s understandable that you would like to bring your spouse to the United States as soon as you can. However, there is a fairly complex application process required to secure legal permanent residence and employment authorization for foreign spouses.
United States Citizenship and Immigration Services (USCIS) is trained to be suspicious of marriage fraud, such as situations where someone gets married just to obtain a green card. By default, every foreign marriage is considered illegitimate until it can be proven otherwise. This can feel unsympathetic, as you and your loved one do not expect to have to show proof of a bona fide marriage for Immigration Services, but it is your responsibility to prove the legitimacy of your marriage in order to secure a green card for the foreign spouse.
At our immigration law firm, our highly skilled legal team is dedicated to helping immigrants come to the United States of America to follow their dreams, whether those dreams be about employment, business, or family. Led by skilled immigration attorney Ernesto Buitrago, our legal staff would be proud to offer our compassionate legal services to you during this complex application process so that you may achieve our immigration goals sooner rather than later.
To learn more about our legal services, don’t hesitate to get in touch with our South Florida law firm to schedule your free initial consultation today.
Can a Foreign National Achieve Lawful Permanent Resident Status via Marriage?
Green card marriages are a great legal option for couples who wish to build their life together in the United States. If your marriage is between an American citizen or green card holder and one spouse who is a foreign citizen, you may consider the marriage visa program to your benefit.
The spouse currently legally residing in the United States as a citizen or permanent resident can file form I-130 (Petition for Alien Relative) to the USCIS for approval for a marriage visa. If approved, the immigration case will be transferred to the National Visa Center. At the National Visa Center, additional documentation and required forms will be completed for the beneficiary spouse (the foreign national), as well as an affidavit of support by the petitioner (the US citizen or green card holder).
What Are Your Legal Options for Bringing Your Foreign National Spouse or Fiancé to the United States?
There are several types of marriage visas.
The immediate relative (IR-1) and the conditional resident visa (CR-1) are two types of immigrant visas for spouses of U.S. citizens. Marriages less than two years old may qualify for a CR-1 visa, which provides two years of conditional residency. It is possible to remove those conditions and seek legal permanent residency within 90 days of the expiration of your conditional status. Marriages lasting more than two years may qualify for IR-1 visas. These visas grant unconditional lawful permanent residency upon entry into the United States.
If you haven’t married yet, you may also consider a fiancé visa. The K-1 visa is available to foreign nationals who intend to marry a U.S. citizen inside the United States.
When seeking marriage or fiancé visas, it is highly recommended that you first speak with a marriage and fiancé visa attorney for legal assistance. Contact our Tampa law office for more information.
What Are the Eligibility Requirements for Marriage Green Cards?
Marriage visas are available to the foreign spouses of U.S. citizens or lawful permanent residents. A fiancé visa may be available to a foreign fiancé of a U.S. citizen. However, in order to qualify for any marriage-based green card, both parties must meet several eligibility requirements.
For a marriage visa, these include:
- The sponsor must be either a legal permanent resident (green card holder) or a United States citizen. The CR-1 visa is available to spouses of U.S. citizens, whereas the F-2A spousal visa is available to spouses of lawful permanent residents. The two marriage visas are very similar, but the F-2A visa often takes longer to process.
- You must be legally wedded. You can’t file for a marriage visa until after you’re married. If you want to hold your marriage ceremony in the United States, consider filing a K-1 fiancé visa instead.
- Must prove that you can provide adequate financial support to your foreign spouse. However, if you do not meet the financial support requirements, it may be possible to use a co-sponsor.
- The foreign spouse must be eligible for the immigrant visa and admissible to the United States of America.
- Previous marriages must be legally terminated.
How Do You Obtain a Marriage Visa in Tampa, FL?
The first step in obtaining a marriage visa is always to verify that you both qualify. Your relationship must involve the fact that you are legally married and that the United States spouse has US citizenship or legal permanent residence.
A U.S. citizen spouse files both forms I-130 and I-485 (Application to Register Permanent Residence or to Adjust Status) at the same time. Green card holders must file Form I-130 and then apply to adjust their status to permanent residency using Form I-485.
Depending on how long you have been legally married, the foreign spouse may be eligible for different types of visas. To learn more, please contact our law firm before filing the immigration forms.
How Long Does It Take to Get Marriage Visas from U.S. Citizenship and Immigration Services?
If you are a U.S. citizen, obtaining a marriage visa for your foreign spouse can take up to a year. Green card holders filing for foreign spouses may expect wait times of up to two years.
The application process is lengthy and complex. Any error could result in a visa being denied. It is highly recommended that you retain professional legal representation for legal assistance.
Schedule a Free Consultation with an Experienced Tampa Immigration Lawyer Today
Several pieces of evidence should be included in your application, and the interview can be wide-ranging and intimidating. It is unwise to proceed without professional legal counsel in your corner throughout the entire process.
Marriage visa attorney Ernesto Buitrago and his qualified legal team have extensive experience representing clients in pursuit of their immigration objectives. To learn more about our legal services and how we can help you obtain a marriage visa, please schedule your free initial consultation today.You may reach us at 866-519-3545.