Marrying a foreign citizen, or helping a foreign-citizen spouse immigrate to the United States, can be complicated and confusing. Several complex immigration options may seem to overlap. 

When applying for citizenship and/or residency rights as a foreign citizen or as a person with some residency status, filing the correct petition and providing the needed documentation is essential. 

For support and assistance throughout every step of the family immigration process, connect with a marriage visa lawyer from George & Marzialo, PLLC. 

Marriage Visa Lawyer for K-1 Visas 

If you are the fiancé of a U.S. citizen, then the K-1 fiancé(e) visa provides the opportunity to apply for a nonimmigrant classification type of marriage-based visa. As explained by U.S. Citizenship and Immigration Services (USCIS), the K-1 nonimmigrant visa, also known as a fiancé(e) visa, requires the following:

• One member of the couple must be a U.S. citizen 
• You and your fiancé(e) must plan to marry one another within 90 days of your fiancé(e) entering the U.S. as a K-1 nonimmigrant 
• Both parties in the couple are legally free to marry in the U.S. (meaning any prior marriages have been legally terminated)
• You and your fiancé(e) must have met one another in person at least one time during the two-year period before filing the K-1 fiancé(e) visa petition 
• The marriage must be valid 
• If the marriage happens within 90 days of being admitted into the U.S. as a K-1 nonimmigrant, you may apply for lawful permanent resident status in the U.S. through a green card 

The limitations on obtaining a K-1 fiancé(e) visa can be complex and may make it harder for your loved one to attain immigration rights. For example, if you cannot satisfy the minimum visit requirement, there is the potential for a waiver. A waiver may be sought if meeting in person violates the long-established and strict customs of your loved one’s culture or social practice or would result in extreme hardship to the U.S. citizen petitioner. 

A marriage visa lawyer will be able to recognize the need for waivers and advise you on them. 

Identifying the most effective path toward achieving your loved one’s K-1 fiancé(e) visa can be difficult, and the process can be lengthy and time-consuming. 

Working with a marriage visa lawyer will make the process easier, as your immigration Lawyer will handle much of the work independently. The experienced marriage green card Lawyers at George & Marzialo require your input only when necessary to help advance and expedite the process. 

The Marriage Must be “Valid” In Legal Terms 

The USCIS notes that a K-1 fiancé(e) visa is only available to couples whose marriage is “valid.” For a marriage to be valid under the K-1 fiancé(e) visa process following USCIS guidelines, both parties to the marriage must:

• Have a “bona fide intent” to build a life with one another 
• Not be seeking to marry solely to obtain an immigration benefit for the K-1 nonimmigrant classified person

It is important to note that the K-1 fiancé(e) visa is not available in all situations, such as the following:

• Couples who have already married
• Couples who plan to marry outside of the US
• Couples where the fiancé(e) is already legally residing in the US 

A marriage visa lawyer at our firm helps individuals understand the requirements and process of sponsoring their spouse and advises on the best immigration strategy. Contact George & Marzialo today to discuss your marriage immigration options.

K-3 Visas From a Marriage Visa Lawyer 

A K-3 visa allows the spouse of a U.S. citizen to enter the U.S. while awaiting the approval of an immigrant visa petition. The K-3 visa allows the holder to temporarily reside and work in the U.S. Upon approval of the immigrant visa petition, the holder of the K-3 visa can apply for an immigrant visa to become a permanent resident.

The K-3 Visa Immigration Process

A K-3 visa shortens the physical separation of U.S. citizens and foreign-citizen spouses, allows for the foreign citizen to apply while overseas, and provides the option for the foreign citizen to enter the United States to await approval of the immigrant visa petition. The process for obtaining a K-3 visa includes the following:

• The U.S. citizen sponsor must first file Form I-130, Petition for Alien Relative, with the DHS and USCIS office that is in their area;
• The USCIS then sends a Notice of Action Form I-797 to inform you that they’ve received your petition;
• Form I-129, Petition for Alien Fiance(e), must be filed for your foreign-citizen spouse and any children; and
• The forms must be forwarded to the National Visa Center (NVC) for processing once approved by the USCIS.

Once the USCIS has approved both petitions and sent them to the NVC, or if the I-130 has been approved before the I-129, the availability of and need for the K-3 visa ends. 

When the NVC receives an approved I-130 petition and an approved I-129 petition:

• The K-3 visa case is administratively closed; 
• The application process is unavailable to the foreign-citizen spouse; and
• The NVC contacts the U.S. citizen sponsor and the foreign-citizen spouse with instructions to then process the IR-1 or CR-1 immigrant visa.

When the NVC receives the approved I-129 petition before receiving the I-130 petition, the NVC processes the I-129 petition. 

It is then sent to the U.S. embassy or consulate that issues visas in the foreign-citizen spouse’s country of nationality. Should the marriage have taken place in a country without a U.S. embassy, or if the embassy or consulate does not issue visas, the NVC sends the petition to the U.S. embassy or consulate normally responsible for processing visas for the citizens of that nation. 

The Definition of “Spouse” for the K-3 Visa Petition Process

The U.S. Department of State defines “spouse” within the K-3 visa process as:

• A “legally wedded husband or wife”;
• Same-sex spouses of U.S. citizens and lawful permanent residents. 

The definition of spouse does not apply to couples who are living together. However, common-law spouses can legally qualify as spouses, depending on the laws of the country in which the common-law marriage occurred. 

Should the couple applying for the K-3 visa be engaged in polygamy, under the K-3 visa process rules, only the first spouse can qualify as a spouse for immigration purposes. 

Children of K-3 Visa Petitioners Have Rights 

While the foreign-citizen spouse of a U.S. citizen may gain the right to entry and a path to permanent residency through the K-3 visa, the K-4 visa applies to their children. Eligible children of the K-3 visa applicant receive K-4 visas, allowing them to stay in the U.S. while their immigrant visa petitions are pending approval by the USCIS. 

A marriage visa lawyer can help explain the factors that determine a child’s eligibility. An expert on immigration law will be invaluable in this process. 

The IR-1 or CR-1 Process Follows the K-3 Visa 

The successful filing of an I-130 petition starts the IR-1 or CR-1 process. According to the U.S. Department of State, the length of this process varies, and an estimated duration cannot be accurately predicted. While the duration will vary, the accuracy and consistency of your application and related paperwork can drive the process forward more efficiently.

The U.S. Department of State states that cases are often delayed “because applicants do not follow instructions carefully”. For this reason, many marriage green card petitions and applications are delayed. 

Working with a marriage visa lawyer from George & Marzialo ensures your application will be processed accurately and completely, allowing you to avoid one of the most common reasons for delays. 

About Marriage Green Cards

When married to a U.S. citizen, you can qualify for a marriage-based green card. 

While the green card through marriage process might be one of the easiest paths to obtain residency for a non-US citizen, approval is not automatic. 

Immigration officials will fully scrutinize your application to determine whether a bona fide marriage exists and confirm you are not taking advantage of immigration benefits. 

Whether or not you qualify will depend largely upon the complex and extensive rules surrounding the process. One of the main factors to consider is whether the marriage was to a citizen or a legal permanent resident. 

Another important factor is whether the immigrant entered the country legally.

A bona fide marriage must exist between the parties to acquire immigration benefits available to a spouse. While other immigration options often require that you are physically and lawfully present in the United States and not overstay your visa, the green card application process is different. 

You can apply for green card benefits even if you are unlawfully in the United States, or if you have overstayed your visa. 

The Marriage Green Card Process

The spouse of a U.S. citizen is considered an “immediate relative” under the law, which means they will not be held against quota restrictions to receive their green cards through bona fide marriage. 

The process begins with the citizen submitting Form I-130, followed by Form I-485, which provides for the adjustment of the foreign spouse’s status. 

Generally, the spouse seeking the green card will be issued an Employment Authorization Document (EAD) within a 90-day window and, in some instances, may even be allowed to travel overseas. 

It is important to note that, if a green card is granted to a bona fide marriage under two years old, a two-year time limit is placed on the green card. 

The couple must submit Form I-751 within 90 days before the expiration of the initial green card to extend that period into a 10-year green card. 

In the marriage green card process, there are quite a few deadlines and ongoing demands in terms of verification and paperwork. Missing these deadlines can jeopardize your citizenship rights, which is why working with a marriage visa lawyer is so important.

Transitioning from a K-1 Visa to a Marriage Green Card

If you have already attained a K-class visa, you can transition to a marriage green card. The process is the following:

• The U.S. citizen spouse files an I-130 petition on behalf of their applying non-US citizen spouse;
• They await approval of the petition, and wait until the priority date is current in the final action dates provided in the visa bulletin; and
• The spouse files the I-485 form for their K-class nonimmigrant status to be adjusted to a marriage green card 

When you are still in the U.S. under K status, it may not be necessary to go through consular processing, although the USCIS maintains the right to mandate a consular interview for any prospective immigrant. 

Connect with a Marriage Visa Lawyer from George & Marzialo 

The marriage green card process can be arduous and confusing for those unfamiliar with the system. 

By connecting with a marriage visa lawyer from George & Marzialo, you will have an experienced advocate by your side throughout the process. Contact our firm to learn more.