Lending Legal Assistance to Married Couples Looking to Reside in the United States

Have you married a foreign national? Or have you recently gotten engaged to someone who lives in another country? It stands to reason that you would not want to build your life as a married couple separated by national borders and potentially thousands upon thousands of miles. Thankfully, there are marriage visas and fiancé (or fiancée) visas available for just this situation.

Whether you are a foreign national looking to join your American spouse in the USA or you are an American citizen or lawful permanent resident hoping to bring your alien spouse to America, you should know that the process can be complex and time-consuming. That’s why it’s highly recommended that you seek professional legal counsel for all green card issues and other legal matters related to marriage-based immigrant visas.

The legal team of Elizabeth Rosario Law, PLC. has years of experience providing knowledgeable legal representation to clients interested in obtaining a green card for a spouse or fiancé/fiancée. To learn more about the legal services we offer, please contact our law offices today to schedule your initial consultation.

What is a Marriage-Based Green Card?

A marriage-based immigrant visa is available to the spouse of a U.S. citizen or green card holder. The recipient of a marriage visa will receive one of two statuses: IR-1 (immediate relative) or CR-1 (conditional residence).

The length of the marriage shall determine which marriage visa a hopeful immigrant qualifies for in their green card application. If the marriage has lasted for two years or more, the green card applicant will file for an IR-1 visa. If you’ve been married for less than two years at the time of the green card application, then the beneficiary spouse will only be eligible for a conditional green card.

Before the CR-1 expires, the conditional resident can apply for an adjustment of status to have the temporary conditions removed. Doing so before the expiration date shall grant the foreign-born spouse lawful permanent residence.

The process for obtaining a green card can be long and difficult. But you don’t have to go down that path alone. Contact us to learn more about our legal services.

What is a Fiancé (or Fiancée) Visa?

A K-1 visa allows U.S. citizens to bring their fiancés (or fiancées) to America to reside and find employment in the country for up to 90 days. If the engagement does not result in a marriage within 90 days, the fiancé or fiancée may be subject to deportation. It may feel wrong to pressure a couple to marry so quickly, but for the purposes of immigration law, it is, unfortunately, a necessity.

A K-2 visa is also available for unmarried minor children of the fiancé or fiancée hoping to immigrate to America.

Please contact Elizabeth Rosario Law, PLC., for more information about K-1 and K-2 visas.

What is the Marriage-Based Green Card Visa Application Process?

First, you must determine eligibility. The first requirements are that your marriage is genuine and that the foreign family member is lawfully wedded to either a U.S. citizen or an individual with a lawful permanent green card.

Next, the U.S. citizen or green card holder must file Form I-130 (the Petition for Alien Relative). It is recommended that you work with immigration lawyers as early as this step. After filing Form I-130, you must wait for U.S. Citizenship and Immigration Services (USCIS) to process the petition.

If the foreign national spouse currently resides out of the U.S., you must proceed to consular processing. If the foreign spouse is already residing in the U.S., they may file for an adjustment of status. If eligible for the adjustment of status, the foreign national spouse must file Form I-485.

Next, the foreign national must attend a biometrics appointment and a green card interview.

If approved for a green card, the foreign spouse will now obtain immigration benefits.

How Do You Prove a Bona Fide Marriage?

In order to remove the restrictions of a conditional resident, it is necessary to prove that the marriage is bona fide. This may seem difficult — how does one prove to a legal entity that two people are united in love and marriage? Well, the ‘love’ part may be difficult to prove to the immigration law decision-makers, but it’s very possible to prove that your marital union is real and legit.

Evidence you may consider submitting to prove your marriage is bona fide includes:

• Bank account statements that show the names of both spouses.
• Deeds of jointly owned properties.
• Estate plan documents that name the spouses as each other’s beneficiaries.
• Joint credit card statements and debts.
• Joint health insurance, car insurance, or home insurance.
• Life insurance policies that name either spouse as the beneficiary.
• Mortgage and loan documents that show both names.

There is also a good faith marriage waiver, which can be granted in cases of two spouses getting divorced, one spouse’s accusations of abuse, and excessive hardships in America.

For assistance proving a bona fide marriage, please contact our law firm.

What Documentation is Required for a Green Card Marriage Interview and Application?

There is no shortage of documents and paperwork required for marriage-based green card applicants.

Potentially necessary documents include the following:

• Copy of the foreign national’s passport.
• Evidence of inspection by an immigration officer.
• Form I-130 — Petition for Immediate Relative or Petition for Alien Relative.
• Form I-131 — Advance Parole Document.
• Form I-485 — This form determines whether or not the applicant is admissible under the current guidelines.
• Form I-693 — Affidavit of support.
• Form I-765 – Application for Employment in the U.S. Authorization.
• Long-form birth certificate.
• Marriage certificate or proof of engagement.
• Medical exam results.
• Police records that may show any potential criminal record.
• Two recent photographs of the foreign spouse.

Is There an Option for Same-Sex Marriage Green Cards?

Same-sex couples are welcome to apply for the same immigration benefits afforded to heteronormative couples in the United States. The green card application process is the same process for opposite-sex married/engaged couples.

As with immigration rights and laws in the United States, LGBTQ rights are always changing. Seemingly constantly in a state of duress, one can never be sure what the future holds for LGBT Americans and their immigrant partners. To ensure that your rights are protected, please consider hiring our law firm to represent your legal needs as you pursue legal residency via marriage.

Contact Us to Schedule an In-Depth Case Evaluation

First of all, let us congratulate you on your marriage and your plans to start a life together in the United States of America. Both of these life-changing steps are huge and deserve celebrating. However, just like a marriage can take a lot of work, navigating the American immigration system does, too. To ease the difficulty and ensure a better chance of success in your immigration application, it is highly advisable that you work with a marriage-based immigration lawyer experienced in cases like yours.

The law office of Elizabeth Rosario Law, PLC. has extensive experience in all legal matters relating to immigrating to the U.S. As your legal representation, our law firm will help guide you through the application process while being on the lookout for all potential pitfalls and difficulties that other applicants struggle to overcome.

The attorneys and legal team of Elizabeth Rosario Law, PLC. believe in providing helpful, compassionate legal care to our clients. While these are legal issues, your case is one that is driven by the human heart, and we will never forget that. Your love for your spouse crossed national lines, and that’s truly something special. Now, let us help you two unite in the U.S. so that you can legally follow your careers, get an education, and build a family or home together.

To speak with a member of our legal staff about our legal services, please contact our offices to schedule your initial consultation today. You may call us at  616-530-0101.