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Marriage Visas Fighting For a Secure Future For You & Your Family

Dallas Marriage Visa Attorney

Understanding the Marriage-Based Immigration Process

If you are currently married to a U.S. citizen or permanent resident, one of the most popular and easiest ways to immigrate is through a petition from a U.S. citizen spouse. The United States wants its citizens and residents to have the right to marry whomever they choose - whether they are from the U.S. or not. Once married, U.S. citizens can file a petition to allow their spouse to immigrate so the family can be together. If both spouses are already here, they may be allowed to adjust their immigration status to a permanent resident.

However, because of the popularity of this program, there have been thousands of people who have abused the process and gotten married “just for the green card.” USCIS now overcompensates by requiring each married couple to prove they are married and prove that the marriage is bona fide. Essentially, the government does not believe you are married just because there is a marriage certificate. They will require you to overwhelm them with other evidence and many legitimate marriages are denied. Because of the scrutiny that USCIS imposes, many immigrants now use an attorney to help them in this process.  We can help make sure your case has a higher chance of being approved.  

The family petition is only the first step for many people in their quest to immigrate to the U.S. to live with their spouse. After the petition is filed, there are many other steps to take depending on your unique situation. It is also important to make sure that filing the petition is a good idea in the first place.  Give our office a call and let’s discuss the best way for your spouse to immigrate so that your family can be together.  

Ready to start your marriage visa journey? Contact us today at (972) 497-1017 for experienced guidance and support.

What Are the Eligibility Requirements for a Marriage Visa?

To qualify for a marriage visa, certain eligibility requirements must be met to comply with U.S. immigration laws. This type of visa allows a U.S. citizen or lawful permanent resident to sponsor their foreign spouse or fiancé(e) for entry into the United States. Understanding these requirements is vital for a smooth application process, as meeting all conditions can significantly reduce delays or complications.

One of the first requirements is that the marriage must be legally valid. This means that the marriage must be recognized in the jurisdiction where it took place and must not violate any U.S. laws. If applying for a fiancé(e) visa, the couple must also meet the requirement of having met in person at least once within the past two years unless an exception applies, such as extreme hardship or cultural/religious reasons.

Another key aspect is financial eligibility. The sponsoring spouse must submit an Affidavit of Support to prove they can financially support the foreign spouse or fiancé(e), ensuring that they will not become a public charge. The couple must also provide evidence of their relationship's legitimacy, which can include joint financial accounts, photos, and affidavits from friends and family. Meeting these requirements is crucial to avoid delays or denials in the visa process.

Types of Marriage-Based Visas

K-1 Fiancé(e) Visa

  • The K-1 visa allows a U.S. citizen to bring their foreign fiancé(e) to the U.S. for marriage.
  • The couple must marry within 90 days of the fiancé(e)'s arrival.
  • The U.S. citizen must demonstrate that they have met in person within the last two years unless waived due to extreme hardship or cultural reasons.

CR-1/IR-1 Spousal Visa

  • CR-1: This visa is for couples who have been married for less than two years. It grants a conditional green card.
  • IR-1: This is for couples married for more than two years, providing the spouse with a permanent green card right away.
  • The difference lies in the type of green card issued and the waiting time for permanent residency.

Adjustment of Status (AOS)

  • If the foreign spouse is already in the U.S., they can apply to adjust their status to permanent resident without leaving the country.
  • This involves filing forms with USCIS, attending interviews, and providing evidence of the relationship’s legitimacy.
  • AOS applicants may receive a work permit and travel document during the process.

Common Challenges in the Marriage Visa Process

Proving Bona Fide Marriage

  • USCIS requires proof that the marriage is genuine. Evidence may include:
    • Joint bank accounts and financial documents.
    • Shared property, joint leases, or utility bills.
    • Photos, communication records, and affidavits from friends and family.

Marriage Fraud Investigation

  • USCIS may investigate if they suspect the marriage is fraudulent.
  • It’s important to be truthful and provide solid evidence to avoid complications.

Delays and Backlogs

  • The marriage visa process can take several months to over a year due to high demand and backlogs.
  • Factors like the applicant’s country of origin and the type of visa may affect the timeline.

Conditional Green Card Issues

  • After two years of marriage, the conditional status of a green card holder must be reviewed.
  • Couples must file a petition to remove conditions and prove the marriage is still legitimate.

Benefits of Hiring a Dallas Marriage Visa Attorney

Experienced Guidance

  • An experienced attorney can help ensure the correct forms are completed, guide you through evidence submission, and navigate complicated immigration laws.

Avoiding Mistakes

  • Small mistakes or omissions can lead to denials or delays. A skilled attorney can help avoid these pitfalls.

Appeals Process

  • If a marriage visa is denied, an attorney can assist in appealing the decision, helping to strengthen the case and improve the chances of approval.

Frequently Asked Questions (FAQs)

  • How long does the marriage visa process take?
    The timeline varies depending on the type of visa and the specific USCIS service center handling your case. Generally, a K-1 fiancé(e) visa can take about 6 to 12 months, while CR-1/IR-1 visas can take anywhere from 12 to 18 months. Adjustment of Status may take around 6 months to a year, depending on the complexity of the case.
  • Can I bring my children with my marriage visa?
    Yes, you can bring your children if they are under the age of 21 and unmarried. For a K-1 fiancé(e) visa, children can apply for K-2 visas. For a CR-1/IR-1 visa, children will be included in the petition as derivative beneficiaries.
  • What happens if my marriage ends before my visa is approved?
    If the marriage ends before the visa is approved, the application may be denied. However, if there is proof that the marriage was entered into in good faith, a waiver may be requested. A divorce or separation could complicate the process, so it's crucial to discuss this with an attorney.
  • Can I work while waiting for my marriage visa to be processed?
    For a K-1 fiancé(e) visa, the foreign fiancé(e) can apply for a work permit after arriving in the U.S. but must wait for the marriage to occur first. For a CR-1/IR-1 visa, the spouse is generally allowed to work as soon as they arrive in the U.S. as they are granted permanent resident status.
  • Do I need to speak English to get a marriage visa?
    While knowledge of English is not a requirement for a marriage visa, applicants may be required to attend an interview and provide proof of their relationship’s legitimacy. A lack of English skills can be addressed by having a translator or interpreter present during the interview.
  • Can I apply for citizenship after getting a marriage visa?
    Yes, once the foreign spouse becomes a permanent resident (green card holder), they can apply for U.S. citizenship after three years, provided they are still married to the U.S. citizen spouse and meet other naturalization requirements.
  • What if my marriage visa is denied?
    If your marriage visa is denied, you may be able to appeal the decision or reapply. It's essential to understand the reason for the denial, as it could be due to missing documents, an incomplete application, or suspicion of fraud. An attorney can assist with filing an appeal and addressing the issues raised.

Have questions about the marriage visa process? Contact us now at (972) 497-1017 and let’s find the best solution for your case.

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