Marriage Visa
Marriage Petition
The Immigration and Nationality Act (INA) permits either a U.S. citizen or a permanent resident alien to petition for a spouse.
Whether your foreign spouse is in the U.S. or abroad, there are basically two steps involved:
- First, the U.S. Citizen or permanent resident alien must file a marriage petition with the United States Citizenship and Immigration Services (USCIS). The petition must be accompanied by appropriate supporting documentation, including but not limited to, filing fees, marriage certificate, and proof of the bona fides of the marriage. Bona fide marriage documentation is required to ensure the marriage was legitimate and entered into for reasons other than helping the alien obtain citizenship. The USCIS must approve the marriage petition.
- Second, the alien spouse must apply for permanent residency. If the petitioning spouse is a U.S. citizen, then he or she need not wait for a visa to become available. If abroad, the alien spouse can apply for an Immigrant Visa at the local U.S. consulate once the approved petition is sent there. If the alien spouse is in the U.S., he or she can apply for adjustment of status in the U.S.
If the petitioning spouse is a permanent resident alien, then the visa will be subject to a quota and the alien spouse must wait for a visa number to become available. This is regardless of whether the alien spouse is in the U.S. or abroad. Once the visa becomes available, then the alien spouse can apply for adjustment of status in the U.S. or for an immigrant visa abroad.
CAUTION: The above is a basic description of the marriage visa process. In addition to the above, the alien must overcome all grounds of inadmissibility. Before filing a visa petition for your spouse, it is crucial to consult with an experienced Immigration Attorney. A marriage visa lawyer in Orlando from NeJame Law can discuss these various grounds with you.K-3 Visa
The K-3 visa is a vital tool for uniting an American citizen with his foreign spouse quickly. Subsequent to filing a marriage petition, the U.S. Citizen spouse can follow with a K-3 visa petition, which permits the alien spouse to enter the United States while the initial marriage petition is pending. The K-3 petition is filed by the U.S. Citizen with the USCIS. After approval, the foreign spouse obtains the K-3 visa at the U.S. Consulate abroad.
Upon entry into the United States, the spouse can file to adjust his or her status to a lawful permanent resident. Thus, by coming to the United States on the K-3, your spouse can avoid the delay of waiting for the Permanent Residency Visa at the U.S. consulate.
CR-1 Visa
A CR-1 visa is a conditional resident visa that is available for foreign citizen spouses who have been married for less than two years when they enter the United States. The United States citizen and foreign spouse must apply together to the USCIS in order to have the conditional status removed. This must be done within 90-days prior to the two year anniversary of the foreign spouses entry into the United States.
IR-1 Visa
An IR-1 visa or immediate relative visa, is available for the spouse, widower or unmarried minor children of an American citizen. A separate petition must be filed for each relative. Sometimes relatives can file for derivative status. Derivative status allows an individual to get a visa through a principal applicant who has already been issued a visa. This is available for certain visa categories. Unfortunately, derivative status is not available in IR petitions.
Contact our Immigration Attorneys
Our Orlando immigration marriage visa attorneys are knowledgeable and available to assist with all your immigration needs including a K3, CR-1, IR-1 and marriage petitions.
