US Marriage Visa Attorney

A successful K-1 application hinges on meeting strict eligibility criteria set forth by U.S. Citizenship and Immigration Services (USCIS).

• Marital Intent: Both parties must have a genuine intention to marry within 90 days of the beneficiary's entry into the U.S.
• Prior Meeting: The couple must have physically met in person at least once within the two years preceding the filing of the petition. Limited exceptions exist for cultural or religious reasons.
• Legal Capacity: Both the U.S. citizen and the fiancé must be legally free to marry (i.e., any previous marriages must have been legally terminated).
• Sponsor Eligibility: The U.S. citizen must meet the minimum income requirements and demonstrate they can financially support the fiancé upon their arrival.

The proper filing of Form I-129F is the crucial first step, setting the stage for the subsequent consular processing at a U.S. Embassy or Consulate.

Once the K-1 visa holder and the U.S. citizen have married, the next critical step is filing Form I-485, Application to Register Permanent Residence or Adjust Status. This filing package, which is reviewed by a US marriage visa attorney, is essential for the foreign spouse to transition from a nonimmigrant to a lawful permanent resident. It typically involves submitting extensive supporting documentation and attending a final interview at a USCIS office, which for New York residents may be in the local USCIS field office. If the marriage is less than two years old at the time of approval, the Green Card will be a Conditional Resident Card (CR1).

The process always begins with the U.S. citizen filing Form I-130, Petition for Alien Relative, with USCIS to establish the validity of the relationship. This initial petition is where the couple must first provide comprehensive evidence that their marriage is genuine and not solely for immigration purposes. The importance of this step cannot be overstated, as USCIS scrutinizes the documentation to verify the legitimacy of the spousal relationship before moving to the visa stage.

If the foreign spouse resides outside of the U.S., their case will move to Consular Processing after I-130 approval. This involves the National Visa Center (NVC) and the final visa interview at the U.S. consulate in the spouse’s home country. This streamlined approach allows the new immigrant to arrive in the U.S. with their Green Card already approved, which is often considered simpler than the Adjustment of Status route for those outside the country. A skilled US marriage visa attorney in New York can guide the petitioner through the NVC stage, ensuring all fees are paid and the documentation is complete for the embassy.

To demonstrate that a marriage is genuine, a wide range of documents that show the couple's interwoven lives must be compiled and submitted. This is the area where the expertise of a US marriage visa attorney is most beneficial.

• Financial Commingling: Joint bank accounts, joint credit cards, and joint tax returns.
• Shared Residence: Joint leases, mortgages, utility bills showing both names at the same New York address.
• Insurance and Assets: Life insurance policies naming the spouse as the primary beneficiary, joint ownership of vehicles or property.
• Affidavits and Correspondence: Sworn statements from family and friends, and evidence of communication over time.

This compelling evidence must paint a clear picture of a shared marital life.

Spouses granted a Conditional Green Card (CR1) must file Form I-751, Petition to Remove Conditions on Residence, within the 90-day window immediately preceding the second anniversary of their Green Card approval. Failure to file on time or to include sufficient joint documentation can lead to the termination of resident status and potential removal proceedings. Filing the I-751 requires submitting a fresh, comprehensive set of evidence demonstrating the continued existence of the bona fide marriage over the conditional period.

Certain factors can render a foreign spouse "inadmissible" to the United States, including past criminal convictions, previous unlawful presence, or misrepresentations in a prior immigration application. In many such cases, an inadmissibility waiver is required to overcome the ground of ineligibility. The preparation and submission of a compelling waiver application is a highly complex legal task, often requiring extensive documentation of hardship to the U.S. citizen spouse. A US marriage visa attorney must carefully analyze the applicant's history to determine the necessary waiver type and build a robust case.