Pennsylvania Marriage Visa Attorney

Committed to Representing Clients Interested in the Marriage Visa Application Process with Our Extensive Legal Knowledge

Getting married to a U.S. citizen or green card holder does not automatically make a foreign national a lawful permanent resident of the United States of America. Foreign spouses and alien fiancés must undergo a complex immigration process to achieve legal status in their chosen country. Depending on your unique circumstances, you may have a more complex immigration journey than others. Still, regardless, you are strongly encouraged to seek the dedicated legal representation of experienced attorneys well-versed in these areas of practice.

Our law firm represents clients in various legal matters related to immigration law, including family-based and marriage-based immigration. As your legal counsel, we will assist you and your loved one throughout the entire process, aiming to simplify matters and help you achieve a favorable outcome that allows you to reside together in the United States permanently.

To discuss your immigration needs and learn more about the benefits of retaining our legal services, please contact our Pennsylvania-based law office to schedule an initial consultation with our experienced team today.

What Are the Different Types of Marriage Visas?

Marriage-based immigration options vary depending on the specific circumstances of the applicants, such as whether the United States sponsor is a citizen or a lawful permanent resident.

Applicants must understand the different options available to help them achieve their immigration goals, so they do not encounter unexpected delays or denials throughout the legal process. We have successfully represented clients in these and other legal matters, and we can help explain the differences between various types of marriage visas to determine which one is most suitable for your Immigration case.

Examples of different types of marriage visas and spousal sponsorship options include the following:

CR-1 Visa

CR-1 visas are reserved for foreign nationals who have been married to United States citizens for less than two years at the time they are granted a green card. CR stands for Conditional Resident, which imposes certain restrictions on the green card status. After the foreign-born spouse has resided within the USA for at least two years, they can apply for a removal of conditions. If approved, they will receive a standard green card, identical to those issued to other individuals. Individuals who have been married for more than two years will need to explore alternative marriage-based green card options.

IR-1 Visa

IR-1 visas enable foreign-born spouses to obtain green cards and renew them every decade. The IR visa name stands for immediate relative, and there are no special conditions applied to this type of green card. IR-1 visas are reserved for those who have been married for more than two years at the time they receive lawful permanent residency status.

F-2A Visa

F-2A visas are part of the family preference categories of visas. They are available to the foreign spouses of lawful permanent residents living in the United States of America. Family preference visas, such as the F-2A visa, have limited caps, meaning that only a certain number of such visas are issued annually. Due to the annual cap on family preference visas, there may be a longer processing time and a more complex immigration process.

K-1 Visa

K-1 visas are non-immigrant visas and are commonly referred to as fiancé visas. A fiancé visa allows a foreign fiancé to come to the United States with the intention of getting married within 90 days of their lawful arrival. After the marriage takes place, the foreign spouse can apply for an adjustment of status and work to obtain a green card.

K-3 Visa

K-3 visas enable the spouses of American citizens to enter the country temporarily while awaiting the issuance of their green card. The primary purpose of K-3 visas is to shorten the time during which married spouses are required to live apart, as it may take several months for government agencies to process green card applications.

What is the Difference Between a Marriage Visa and a Fiancé Visa?

There are several different types of immigration options for marriage-based immigration petitions, with the primary categories being reserved for those who are engaged to marry and those who are already married.

Marriage visas can be issued to individuals who are currently married to a U.S. citizen or a lawful permanent resident. Marriage-based green cards allow immigrants to seek permanent residency in the U.S. after legally entering the country. Marriages must be considered bona fide, and any previous marriages must have been legally terminated for the marriage to be recognized by American immigration laws.

Fiancé visas, also known as K-1 nonimmigrant visas, are issued to individuals who are engaged to marry a U.S. citizen and intend to marry their fiancée within 90 days of entering the country. Fiancé visas are only suitable for individuals who are engaged to marry a U.S. citizen. Partnerships between foreign nationals and green card holders do not qualify for fiancée visas.

What Are Some of the Immigration Issues That Foreign Nationals May Face in the Fiancé Visa Process?

Several requirements must be met to petition for a fiancé visa in the U.S successfully. Even after the visa is issued, other requirements must still be met; otherwise, the foreign fiancé will be placed in removal proceedings and forcibly deported from the country.

Among the many requirements for a successful K-1 visa application are the following:

• The alien fiancé must not have a substantial criminal history. If the alien fiancé did not have a successful criminal defense and this resulted in an extensive and permanent record of their crimes, it will likely render them inadmissible into the country.
• In many situations, foreign fiancés will be required to undergo a thorough medical examination. Failure to pass the medical exam may render them ineligible for admission to the country.
• Other grounds for inadmissibility include a failure to prove to immigration authorities that the relationship with the U.S. citizen is bona fide. Many pieces of evidence must be submitted to confirm the legitimacy of the marriage.
• After the non-immigrant visa is issued to an applicant, the foreign fiancée and the U.S. citizen must marry within 90 days of the foreign national’s entry into the United States.

What Are the Steps of the U.S. Immigration System Application Process?

There are many essential steps in the immigration application process for both marriage and fiancé visas, and it’s highly recommended that you seek the legal assistance of an honest attorney who has a thorough understanding of the procedures.

First, you must ensure that you meet all the necessary eligibility criteria to obtain a marriage green card. Some of the essential evidence and paperwork required for a marriage visa include proof of a valid marriage (or evidence that you are legally free to marry if you are seeking a fiancé visa), the sponsor meets the necessary financial requirements, the foreign national passes all medical examinations, and criminal record background checks are reviewed. This can be a time-consuming process, and differences may arise depending on whether the foreign national is currently residing in the United States or in their home country. Depending on your circumstances, the foreign applicant must also demonstrate that they speak English to an appropriate level. To avoid unnecessary delays or a potentially denied application, it’s highly recommended that you seek the advice of an experienced legal team to assist you through the immigration process.

The first step in the application process for a marriage green card is to file Form I-130, which is then sent to the United States Citizenship and Immigration Services (USCIS). Once the USCIS approves the immigration visa petition, the foreign spouse must file an application, attend an interview, and meet other requirements before being issued their spousal visa, either at a U.S. embassy or through consular processing.

Our law firm can assist you in filing the necessary paperwork, help you understand the filing fees, and assist you in understanding all the shifting immigration policies that relate to your case.

What Evidence and Documentation Must Be Presented to the United States Citizenship and Immigration Services (USCIS)?

Valuable evidence that can be submitted to help your case may include the following:

• Foreign birth certificates
• Divorce or death certificates, if applicable, to prove that previous marriages have been legally terminated
• Marriage certificates
• Proof that your marriage is not fraudulent, with evidence such as joint bank accounts, rental leases, photographs together, and witnesses who can attest to the validity of your relationship
• United States spouses must prove that they earn the necessary amount of money to confirm that the immigration will not be a burden on the U.S. government.
• Evidence that the primary residence for the married couple will be located in the United States
• And more

Contact Our Immigration Law Firm to Discuss Your Case with a Pennsylvania Marriage Visa Lawyer Today

When going through marriage-based immigration, it is essential to understand the various options and steps involved in pursuing lawful immigration status. At our Pennsylvania law office, we practice law with compassion and dedication, assisting our clients throughout every stage of the immigration process. The experienced immigration attorney of our firm has the extensive legal knowledge necessary to assist you in these and other matters related to your immigration goals.

To discuss your marriage green card or fiancé visa options, please get in touch with our law firm to schedule your initial consultation with an experienced immigration lawyer today.

You can reach us at the following number: (610) 686-3949.