Donald M. Pecchia. Esq. | Los Angeles Fiancé(e) Visa Attorney / Marriage Visa Attorney
With experience in family-based immigration cases, Los Angeles Fiancé Visa Attorney / Marriage Visa Attorney Pecchia has successfully helped couples obtain fiancé(e) visas, marriage visas, and other US Immigration benefits including adjustment of status, work authorizations, travel documents, family sponsorship, and many others. Los Angeles Fiancé(e) Visa Attorney / Marriage Visa Attorney Pecchia can help you determine the best option for you and your significant other. Let’s take a look at some of the available fiance’(e) and marriage visas and permanent residence options to get you better acquainted.
The Fiancé(e) Visa | K1 Visa
If you’re currently a citizen of the United States and are engaged to be married to a foreign citizen who is abroad and desires to enter the U.S., the K1 Visa may very well be the visa of choice. Mr. Pecchia has experience in and advises couples applying for this fiancé(e) visa. Simply put, the K1 visa permits the US citizen to have his or her soon-to-be spouse enter the United States for a 90 day period. This visa requires that the couple marry during that 90 day period, otherwise the alien significant other will have to return to their home country. After the marriage, the foreign spouse must apply for Adjustment of Status to Permanent Resident.
The Spouse Visa| K3 & K4 Visas
Immigration law allows the alien spouse (K-3) of a U.S. citizen and his or her minor children (K-4) to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. Once admitted to the U.S., the spouse and minor children should file the I-485 Application to Adjust Status to Permanent Resident. The U.S. Citizen and alien spouse will then attend an interview at the USCIS local office.
In general terms, to be eligible for a K-3 nonimmigrant visa, an individual must:
- Be married to a U.S. citizen
- Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
A child may be eligible for a K-4 visa if:
- He or she is unmarried, under 21, and the child of a qualified K-3 nonimmigrant visa applicant
In order for a K-4 who is a step-child of a U.S. citizen to immigrate as a relative of the U.S. citizen step-parent (whether through adjustment of status in the United States or an immigrant visa abroad), the marriage between his or her parent and the U.S. citizen must have occurred before his or her 18th birthday.
To obtain a K-3 nonimmigrant visa for your spouse, the U.S. citizen petitioner must file two petitions with USCIS on his or her behalf. First, a Form I-130 Petition for Alien Relative on behalf of the alien spouse. Next, one must file Form 129F Petition for Alien Fiance’(e) on behalf of the non-citizen spouse. A copy of the I-797, Notice of Action, indicating that USCIS has received your Form I-130, on behalf of your non-citizen spouse, is included in the filing. If your non-citizen spouse has any minor children seeking K-4 nonimmigrant visas, they should be listed on the I-129F filed on your spouse’s behalf. If approved, USCIS will forward the I-129F to the U.S. Department of State for consular processing. Then the non-citizen spouse and any minor children will then need to apply to the U.S. Department of State for the K-3 or K-4 nonimmigrant visa. This visa also allows them to obtain employment authorization while they are waiting in the U.S.
Things starting to sound confusing yet? Contact Mr. Pecchia, Los Angeles Fiancé(e) Visa Attorney / Marriage Visa Attorney so that he may assist you.
Permanent Residence for A Spouse Outside the U.S.
CR-1 (Conditional Residence) Visa
The CR-1 Spousal Visa is another way to bring a foreign spouse to the U.S. This visa is an immigrant visa that allows the bearer to enter the U.S. as a conditional resident. A CR1 is granted if you and your spouse have been married for 2 years or less. In this instance, the alien spouse would enter as a conditional Resident. At the end of two years, the husband and wife can petition to have the condition removed and make the alien spouse a Permanent Resident.
IR-1 (Immediate Relative) Visa
An IR-1 visa is granted if you and your spouse have been married for 2 years or more. . This visa is an immigrant visa that allows the bearer to enter the USA as a permanent resident.
For the CR-1 visa an I-130 is filed by the U.S. citizen spouse usually in the U.S., though depending on the circumstances it may be many times filed at the consulate abroad. This is available to legally wed couples including same sex couples. An Affidavit of Support I-864 must be filed by the citizen spouse as sponsor on behalf of the alien spouse as beneficiary. Approximately 1 month before the spousal interview at the Consulate Spousal Interview all parties will be notified, which includes the notice of medical exam. The process is involved but can bring the alien spouse into the U.S. as a Conditional Resident, and after two years become a Permanent Resident.
There is a different procedure for the IR-1.
DCF Direct Consular Filing
Direct Consular Filing may be available in certain situations which enables the couple to file for permanent resident at the consulate of the home country of the foreign spouse.
Contact Los Angeles Fiancé Visa Attorney / Marriage Visa Attorney
If you have questions regarding which visa is best for you and your fiancé or spouse, or would simply like to get more information about the available services provided by Mr. Pecchia, a Los Angeles Fiancé(e) Visa Attorney Marriage Visa Greencard Attorney, don’t hesitate to call him today. Ask the Immigration Lawyer Donald M. Pecchia is ready to help you find the visa option that’s best for you and your significant other. Call him for a personal consultation at 818.963.8238.
The information provide above is not intended to be legal advice. It is general in nature and not represented to be current or complete. An individual should always seek the advice of a qualified attorney concerning his or her particular situation and law at the time. Also read the Disclaimer Section of this site. Disclaimer Section