Why You Need a Marriage Visa Lawyer

Consular processing is the mandatory route for couples where the foreign spouse resides outside the United States. The petitioner files Form I-130 with USCIS, and upon approval, the case moves to the National Visa Center (NVC) for document collection and an interview at a U.S. Consulate abroad. Successful completion grants the spouse permanent resident status immediately upon entry. Legal counsel reviews NVC submissions to prevent rejections that could add months to the timeline, ensuring that the separation period is kept to a minimum.

If the foreign spouse is lawfully present in the U.S., they may file for Adjustment of Status to obtain a green card without leaving the country. This involves submitting Form I-485 and I-130 concurrently to USCIS. Eligibility depends on maintaining lawful status or specific lawful entry, culminating in an interview at a local office serving the New York area. Applicants may obtain work and travel permits while pending, but leaving the U.S. without Advance Parole can result in abandonment of the application. The benefit of remaining together during processing makes this a preferred option for many.

Applicants must prove the marriage was entered into in good faith, not solely for immigration benefits. Documentation must demonstrate shared lives, financial commingling, and future plans. Inconsistencies can lead to suspicion. We recommend compiling a robust portfolio including:

• Joint bank accounts, credit card statements, and shared financial liabilities.
• Joint leases or deeds showing shared residence and cohabitation.
• Birth certificates of children born to the couple.
• Affidavits from friends and family with personal knowledge of the relationship.
• Photographs from throughout the relationship history, showing progression.
• Joint utility bills, insurance policies, and other proofs of shared responsibility.

The U.S. government requires assurance that the immigrant will not become a public charge via Form I-864. The petitioner must demonstrate income meeting 125% of the federal poverty guidelines. If income is insufficient, a joint sponsor may be used to satisfy the requirement. This document is a binding contract holding the sponsor financially responsible for the beneficiary. Failure to meet these stringent financial criteria renders the intending immigrant inadmissible, making accurate calculation of household size and income essential.

The U.S. citizen files Form I-129F with USCIS. Once approved, the consulate processes the case for an interview. Key requirements include being legally free to marry and having met in person within the last two years. Upon entry, the couple must marry within 90 days and subsequently file for Adjustment of Status (I-485). Failing to marry within this strict 90-day window results in loss of status and potential removal proceedings, leaving no alternative path to adjustment through that petition.

Two years after issuance, the couple must file Form I-751 within the 90-day window before expiration. This filing re-establishes the marriage's genuineness with new evidence accumulated during the conditional period. If the couple is separated due to divorce or abuse, the foreign national may file for a waiver of the joint filing requirement. This waiver demands substantial evidence and a strong legal argument to prove the marriage was originally entered into in good faith despite its end.

The interview, whether at a consulate or New York USCIS office, verifies the relationship's legitimacy. Preparation reduces anxiety and ensures a smooth experience. In cases where fraud is suspected, officers may conduct a separate "Stokes interview" to compare answers. Key steps include:

• Bring original copies of all submitted documents and updated evidence.
• Prepare to answer questions about shared history, daily routines, and family.
• Review submitted forms to ensure consistency in verbal answers.
• Consider having an attorney present to address legal issues and observe the officer's conduct.