New York Marriage Immigration Lawyer
Spearheading your spouse's journey to legal residency in the United States can be an intricate process. While it may seem straightforward, even the smallest oversight can derail your efforts. At Khunkhun Law in New York, our team of experienced spouse visa lawyers is here to guide you through every step of the way, ensuring a smooth and successful application process.
If you're a current U.S. citizen looking to sponsor your spouse's immigration, you're in luck. Spouses of U.S. citizens qualify for immediate relative visas, with an unlimited number of these visas available annually. Individuals who hold current U.S. citizenship have the opportunity to facilitate their spouse's immigration process, provided that the marriage is legally recognized and exclusive.
Those possessing permanent residency status can also petition for the immigration of their non-citizen spouses. Nonetheless, these spouses would qualify solely for a family visa under the second-tier preference category. Given that USCIS allocates a limited number of these visas annually, it is paramount for applicants to submit meticulously crafted and flawless petitions.
The U.S. Citizenship and Immigration Services (USCIS) recognizes the spouse of a U.S. citizen as an "immediate relative," granting eligibility for an IR-1 immediate relative visa. To initiate an IR-1 application, the U.S. citizen spouse must be domiciled in the US (maintain a permanent U.S. residence) and demonstrate the capability to financially support their spouse upon entry into the United States until the spouse secures independent employment. The Affidavit of Support’s thresholds are used to determine how much the U.S. citizen spouse needs to make.
Furthermore, alongside the submission of Form I-130, Petition for Alien Relative, the sponsoring party is obligated to provide USCIS with a legitimate marriage certificate, and provide a lot of evidence to prove strong marital ties to the spouse. Couples with less than two years of marriage may be eligible for a Conditional Residence (CR-1) Visa.
Upon USCIS approval of Form I-130, the intended visa beneficiary is required to complete Form DS-260, the Online Immigrant Visa Application. If currently residing within the United States, they must instead file the Form I-485, the Application to Register Permanent Residence or Adjust Status. Following the submission of the requisite form, the marriage visa application process typically entails several additional steps.
Navigating the process of applying for a marriage visa for your spouse, or having them initiate the process on your behalf, can evoke a mix of excitement and apprehension. Despite meeting all eligibility requirements, an application with incomplete or slightly erroneous information may significantly prolong the process or even result in rejection by USCIS. Consulting with a spouse visa lawyer in New York is a pivotal initial step toward facilitating the reunion of you and your spouse as lawful residents of the United States.
Should you or your loved one have any questions or need representation, please do not hesitate to call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.