Lengthy separations from your spouse or fiancé can be emotionally stressful. When they are citizens of another country, it can feel like an impossible situation. But there is hope, and there are several avenues for permanently bringing your spouse or fiancé to the United States.
Immigration law can get complicated, and one mistake can set you back to square one. The guidance of a Lawrenceville marriage visa lawyer can ensure you comply with the legal requirements and complete the process as seamlessly as possible.
At Barrios Virgüez Attorneys: Accident & Injury Law, we’ve assisted thousands of clients with their immigration issues. Our team of immigration attorneys is ready to hear your story and find out how we can help. Contact us today to discuss your case.
Immigrant Marriage Visas
Immigrant marriage visas allow a foreign national spouse or fiancé a path to become a resident of the United States and potentially a citizen. There are several types, and which one you apply for will depend on your relationship.
U.S. Citizenship and Immigration Services (USCIS) is a branch of the federal government under the Department of Homeland Security that oversees immigration laws and regulations in the United States. It provides helpful resources, but its directions can be confusing.
The guidance of a Lawrenceville marriage visa attorney can ensure that you apply for the right visa, meet important deadlines, and follow the correct steps.
Conditional Resident Visa (CR1)
If you have been married for less than two years, you can apply for a Conditional Resident Visa or CR1. This is a temporary green card that’s valid for two years, after which you must apply for a permanent green card to remove conditional status.
Alternatively, you could reapply for a new immigrant visa.
Immediate Relative Visa (IR1)
If you have been married for more than two years, you can apply for an Immediate Relative Visa or IR1. Once you complete the process, your foreign spouse can come to the United States as a legal permanent resident.
An IR1 Visa does not entitle a foreign national to citizenship. However, spouses with permanent green card status may apply for United States citizenship after three years rather than the usual five.
Non-Immigrant Visa for a Fiancé (K1)
United States citizens with fiancés who are citizens of other countries can apply for K-1 visas. This visa allows your fiancé to legally reside in the U.S. for 90 days, during which time you are expected to marry.
Once married, you will apply for “adjustment of status,” which will make your spouse a permanent green card holder.
How to Qualify for a CR1 or IR1 Visa
To qualify for a CR1 or IR1 Immigrant Visa, the U.S. citizen must be at least 18 years old and a permanent resident of the United States. You must be legally married to your spouse. Common-law marriages may be recognized depending on the laws where your marriage took place.
In addition to these basic qualifications, you must file Form I-130, Petition for Alien Relative. Along with the petition, the U.S. citizen spouse will need to provide:
- Proof of U.S. citizenship ( passport, birth certificate, or naturalization certificate)
- A valid marriage certificate
- Proof of the dissolution of any previous marriages, if they existed
- Evidence of your relationship via photos, communications, or similar
- Proof that required fees have been paid
You should consult with a marriage visa lawyer in Lawrenceville to ensure that you are complying with the process and completing each step correctly. A mistake could result in the rejection of your application and a delay in bringing your spouse to the United States.
How Long Does it Take to Get a Marriage Visa?
The process for a CR1 Visa can take up to one year, and for an IR1 visa, up to 18 months. You can help the process by ensuring that your paperwork is complete and accurate and that all of your requirements are met on time.
Some factors that can delay your application include:
- Your region
- Time of year
- Missing or incomplete materials
In some cases, you may request expedited processing if you can show there is an extreme need, such as a medical emergency or financial hardship. However, it is helpful to approach the process with patience and realistic expectations.
Common Marriage Visa Mistakes
Some of the common mistakes made by people seeking to obtain immigrant marriage visas include:
- Incomplete or incorrect forms
- Insufficient proof of marriage
- Failure to disclose previous marriages
- Not updating USCIS regarding life changes
- Submitting photos that lack context
- Incomplete medical exam
- Missed deadlines
- Failure to follow instructions
- Lack of preparation for interviews
A marriage visa attorney in Lawrenceville can help you avoid these errors and keep your visa application on track.
Marriage Visa Scams
Your intentions for bringing your spouse to the United States are honest, but some people try to game the system. U.S. Citizenship and Immigration Services will investigate and interview you to ensure that your marriage or relationship is valid. Some of the red flags they look for include:
- Language differences
- Extreme age gaps
- Secret relationships
- Religious differences
- Extreme cultural differences
- Educational and professional differences
However, legitimate, happy marriages can take place between people with the above differences. If you are concerned that your marriage may be questioned, work with a Lawrenceville marriage visa attorney to ensure you are taking the proper steps to prove its legitimacy.
Contact a Lawrenceville Marriage Visa Attorney for Help
Bringing your spouse or fiancé to the United States is possible if you follow the rules and complete the right steps. Although the legal process may seem daunting, your relationship is worth it.
Still, immigration regulations can get confusing, and it is easy to make mistakes that will cost money and damage your chances of success. When you partner with a Lawrenceville marriage visa lawyer, you have an ally who understands the law.
At Barrios Virgüez Attorneys: Accident & Injury Law, we know how important family is because we’re a family-run firm ourselves. We believe everyone has the right to be with the ones they love, and we are ready to help you make that happen. Contact us today.
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