New York Marriage Green Card & Fiance Visa 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.

Spouses of US Citizens

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. Green cards can be processed while the beneficiary is present in the US if they entered with a valid US visa, or it can be processed abroad if they are living abroad.

Spouses of US Permanent Residents (Green Card Holders)

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 the beneficiary is living abroad. If currently residing within the United States, they must instead file 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.

The Fiancé(e) Visa Process

For couples separated by borders, the immigration process can be daunting. Whether you're coming from Europe, Asia, Latin America, or any other part of the world, the U.S. fiancé(e) visa (K-1 visa) is a key option for those who want to reunite and marry in the United States. This visa allows foreign nationals engaged to U.S. citizens to enter the U.S. for the purpose of marriage.

The **K-1 visa** is designed for couples who prefer to marry in the United States, rather than tying the knot abroad. Once the fiancé(e) enters the U.S. with the K-1 visa, the couple must marry within 90 days. After the marriage, the foreign spouse can then apply for a **marriage-based green card** to become a permanent resident. No matter where the foreign fiancé(e) is from, the process involves submitting evidence of a genuine relationship. Immigration authorities will want to see proof that the relationship is real and not just a means of securing immigration benefits. Couples must gather documents like photos, travel records, communication logs, and other forms of evidence that showcase the legitimacy of their relationship.

For couples deciding between applying for a **fiancé(e) visa** or a **marriage green card** from outside the U.S., the choice largely comes down to where and when they plan to marry. The K-1 visa provides a clear path for those who prefer to marry in the U.S. and then apply for permanent residency, rather than marrying abroad first.

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. As a marriage immigration lawyer in New York, I am contacted by many people who despite meeting all eligibility requirements, file an application with incomplete or slightly erroneous information which ends up significantly prolonging the process or even resulting 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.

Your journey matters to us because we've been there and are here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us, or review other options to get in touch with us for an immigration consultation. If you are ready to schedule a consultation you can find a date that works for you and book your Zoom meeting with Sharon Khunkhun here. We have represented many clients with successful results even with the most difficult set of facts.

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H-1B to Adjustment of Status Through Marriage-Everything you Need to Know