How an Attorney Can Help You Obtain a Marriage Visa

Foreign spouses of US citizens and lawful permanent residents are eligible for an immigrant visa. US immigration laws are complex and change frequently. So if you want to apply for a US visa based on your marriage, you should hire the services of an experienced US immigration attorney. In the end, the fees paid to the attorney will be worth it.

Types of Marriage Visas

There are different types of marriage visas:

• IR-1 - Foreign spouses of US citizens are eligible for the IR-1 immigrant visa under the immediate relative category.
• K-3 - Foreign spouses of US citizens are eligible to join their US citizen spouses in the US on a K-3 non-immigrant visa while their immigrant visa (IR-1) is being processed by the USCIS.
• Conditional Residency (CR) – A conditional residency visa is issued to the foreign spouse of a US citizen in the marriage is less than two years old.
• Family second preference - Foreign spouses of lawful permanent residents can apply for an immigrant visa under the family second preference category.
• V visa - Foreign spouses of lawful permanent residents can under certain circumstances enter the US on a V non-immigrant visa to join their lawful permanent resident spouses while their immigrant visa petition is being processed by the USCIS.
• K-1 visa – Foreign fiancés of US citizens can enter the US on a K-1 visa to enter into a marriage with a US citizen.

Eligibility

The eligibility criteria for each type of marriage visa are different.  An experienced US immigration attorney can advise you on the right category of visa you need to apply for. If you apply for a wrong category of visa, your application will be denied. If you provide incorrect information on your application form, your application will be denied and you can be subject to criminal prosecution. You may even be deported from the US.

Application

The attorney will assist you with the application. After discussing your case with you, the attorney can fill the forms and collect the required documents and evidence from you. The attorney will ensure that your forms are complete and will submit the completed form along with the documents and evidence to the proper USCIS office. If you are called for an interview, the attorney can prepare you for the interview and even accompany you to the interview. Certain visa categories have a priority date. The attorney will inform you when your priority date becomes current and can also advise you on whether you must go in for an adjustment of status or consular processing. In case of a conditional residency visa, the attorney can advise and assist you in having the condition removed.

Getting legal help

Marriage to a US citizen or lawful permanent resident does not automatically guarantee you a marriage visa. You must fulfill the eligibility criteria and must apply for the right type of visa. The entire process is complex. Having an experienced US immigration attorney by your side will make it easier.