| Visas Options for Spouses and Fiancees of U.S. Citizens |
Family-Based Immigration
It is not a secret that U.S. Immigration policy strongly favors granting permanent
resident status to close relatives of U.S. Citizens.
One of the most common ways for an alien to immigrate in the U.S. is as an
immediate relative of a U.S. citizen. Spouses (husbands and wives) and unmarried
children of U.S. Citizens have a preferred route to immigrating in the U.S.
This most commonly takes the form of a U.S. citizen petitioning for his or her spouse
(i.e. immigration "through marriage") on what is known as form I-130, Petition for Alien
Relative.
Immediate relatives have several advantages over other categories of would-be
immigrants: if they are in the United States AND THEY ENTERED WITH PROPER
DOCUMENTS they can file for "Adjustment of Status" without traveling back to their
home country.
The Adjustment of status application can now be filed concurrently with the immigrant
petition on their behalf, thereby substantially reducing the wait time for visa issuance.
In most cases, the alien spouse can obtain employment authorization pending
adjudication of the petition. Prior periods of unlawful presence or unauthorized
employment, which normally constitute grounds for inadmissibility, may normally be
overcome.
Fiancee' Visa (K-1 Visa) and K-3 Visa for Spouses of US Citizens
If the alien fiancee' is abroad, and the couple have met in person in the past two
years, it may e possible to have the non-citizen fiancee' travel to the United States on a
K-1 visa for fiancee's of U.S. citizens.
If the marriage has already taken place or is going to take place abroad, a choice
must be made between filing an immigrant visa petition for the alien spouse and
requesting consular processing in the spouse's home country, or applying for a K-3
visa to allow for immediate entry into the U.S. and then filing the immediate relative
petition and requesting adjustment of the alien's status to permanent resident of the
U.S. Sometimes, these options can be pursued at the same time.
In most cases, it will be necessary for the U.S. citizen to file an affidavit of support and
to produce financial records. Please see our page on affidavit of support issues.
What this means to you:
If you are married to or intend to marry a U.S. citizen and immigrate to the U.S., or if you
are a U.S. citizen with an foreign resident spouse or fiancee', there are excellent
chances that we can assist you.
If you are currently in the U.S., and ENTERED THROUGH INSPECTION you should be
able to adjust your status to that of a legal permanent resident without travelling back
to your home country.
If you entered the U.S. without inspection, a waiver of this ground of inadmissibility
may be available to you. Please see our page on waivers.
As immigration lawyer, we frequently deal with very difficult, sometimes
heart-wrenching situations that could have been easily avoided with a moderate
amount of initial planning and professional assistance. Do not be one of those clients
who comes to us after the problem arise. Do it right the first time and you will receive
much more than you will be paying for in terms of our legal fees. You will never know
what you missed and you may even think that the immigration process is easy, but you
will never regret not knowing how difficult it can be if it is not done right.
If you are interested in being represented by an immigration lawyer in your K-1 Visa
peititon, K-3 Visa petitions, or I-130 petition for immediate relative of a US citizen
through either consular processing or adjustment of status, please do not hesitate to
contact us to schedule a consultation.
Click here for additional information on obtaining a green card through marriage.
It is not a secret that U.S. Immigration policy strongly favors granting permanent
resident status to close relatives of U.S. Citizens.
One of the most common ways for an alien to immigrate in the U.S. is as an
immediate relative of a U.S. citizen. Spouses (husbands and wives) and unmarried
children of U.S. Citizens have a preferred route to immigrating in the U.S.
This most commonly takes the form of a U.S. citizen petitioning for his or her spouse
(i.e. immigration "through marriage") on what is known as form I-130, Petition for Alien
Relative.
Immediate relatives have several advantages over other categories of would-be
immigrants: if they are in the United States AND THEY ENTERED WITH PROPER
DOCUMENTS they can file for "Adjustment of Status" without traveling back to their
home country.
The Adjustment of status application can now be filed concurrently with the immigrant
petition on their behalf, thereby substantially reducing the wait time for visa issuance.
In most cases, the alien spouse can obtain employment authorization pending
adjudication of the petition. Prior periods of unlawful presence or unauthorized
employment, which normally constitute grounds for inadmissibility, may normally be
overcome.
Fiancee' Visa (K-1 Visa) and K-3 Visa for Spouses of US Citizens
If the alien fiancee' is abroad, and the couple have met in person in the past two
years, it may e possible to have the non-citizen fiancee' travel to the United States on a
K-1 visa for fiancee's of U.S. citizens.
If the marriage has already taken place or is going to take place abroad, a choice
must be made between filing an immigrant visa petition for the alien spouse and
requesting consular processing in the spouse's home country, or applying for a K-3
visa to allow for immediate entry into the U.S. and then filing the immediate relative
petition and requesting adjustment of the alien's status to permanent resident of the
U.S. Sometimes, these options can be pursued at the same time.
In most cases, it will be necessary for the U.S. citizen to file an affidavit of support and
to produce financial records. Please see our page on affidavit of support issues.
What this means to you:
If you are married to or intend to marry a U.S. citizen and immigrate to the U.S., or if you
are a U.S. citizen with an foreign resident spouse or fiancee', there are excellent
chances that we can assist you.
If you are currently in the U.S., and ENTERED THROUGH INSPECTION you should be
able to adjust your status to that of a legal permanent resident without travelling back
to your home country.
If you entered the U.S. without inspection, a waiver of this ground of inadmissibility
may be available to you. Please see our page on waivers.
As immigration lawyer, we frequently deal with very difficult, sometimes
heart-wrenching situations that could have been easily avoided with a moderate
amount of initial planning and professional assistance. Do not be one of those clients
who comes to us after the problem arise. Do it right the first time and you will receive
much more than you will be paying for in terms of our legal fees. You will never know
what you missed and you may even think that the immigration process is easy, but you
will never regret not knowing how difficult it can be if it is not done right.
If you are interested in being represented by an immigration lawyer in your K-1 Visa
peititon, K-3 Visa petitions, or I-130 petition for immediate relative of a US citizen
through either consular processing or adjustment of status, please do not hesitate to
contact us to schedule a consultation.
Click here for additional information on obtaining a green card through marriage.
Law Offices of Giuseppe Scagliarini
| Giuseppe Scagliarini, Esq. 37 Harrison Avenue Newport, RI 02840 Phone: +401-849-1220 Fax +401-633-7055 E-Mail: info@scagliarinilaw.com |
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