At Colombo & Hurd, our Marriage and Fiancé Visa Lawyers assist clients petition for fiancés and spouses whether they are already physically present in the United States or presently residing outside of the United States. The below is a brief outline of the fiancé and marriage visa process for aliens residing outside of the United States.
K-1 VISA: FIANCÉ VISA
K-1 visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry. Under a K-1 visa, your foreign fiancé is allowed to reside and work in the United States.Once your fiancé enters the U.S., you and your fiancé have 90 days to marry and apply for permanent residency.
In order to obtain a K-1 visa, certain requirements must be met, such as:
- The petitioner must be a U.S. citizen
- Both you and your foreign fiancé are free to get legally married
- You met your fiancé within the past two years
- Both you and your fiancé have intentions to marry within 90 days of your fiancé’s arrival in the U.S.
- You meet the minimum income/financial requirement
- Your fiancé does not meet any criteria that render him/her inadmissible to the U.S.
K-2 visas are available for your fiancé’s children who are under the age of 21 and not married.
Contact our Marriage and Fiancé Visa Attorneys. If you need to obtain a K-1 or marriage visa, it is extremely wise to hire an experiencedimmigration attorney to help you with your petition. While about a million immigrants receive U.S. green cards each year, one mistake or omission on your petition can cause a delay or denial of your fiancé or spouse’s visa. At Colombo & Hurd, PL, we will guide you through the application process, and help you fill out forms, submit documents, review your petition, and answer any questions or concerns you may have. We know first hand the many benefits U.S. citizenship can bring, and therefore work relentlessly to make sure you obtain the visa you need to remain with your loved ones.
MARRIAGE VISAS: K-3 VISA, CR-1, IR-1
Marriage Visas permit the spouses of U.S. citizens to lawfully enter and reside in the United States. Historically, many of these visas processed were K-3 visas which allowed the immigrant spouse to enter the Unites States in order to complete the immigration process. However, currently, K-3 visas are no longer being processed for a variety of reasons. Instead, Marriage Visas are currently processed as either CR-1 (Conditional Resident) or IR-1 (Immediate Relative ) Visa. The sole difference between these visas is the amount of time you have been married. If you have been married for two years or more at the time the visa is issued then you will receive an IR-1 visa. However, if you have been married for less than two years at the time of issuance then a CR-1 Visa will be provided.
For nationals who are spouses of U.S. Citizens, as well as their children, there are two types of visas needed to immigrate to the United States Spouses will either process through the CR-1 (Conditional Resident) or IR-1 (Immediate Relative) visa based on the length of the marriage. For marriages less than 2 years the spouse will receive a CR-1 Visa whereas for marraiges two years or longer the IR-1 will be provided. Although previously spouses would enter via the K-3 visa this type of visa is not currently processed by USCIS for a variety of reasons.
In order for the foreign spouse of a U.S. Citizen to qualify for a CR-1 or IR-1, certain requirements must be met including the following:
- The petitioning spouse must be a U.S. Citizen;
- The U.S. Citizen must be legally married to their foreign husband or wife under the laws of the country where the marriage occured;
- The marital relationship must be bona fide.
- The spouse must be otherwise admissible to the U.S.
Contact our marriage and fiancé visa attorneys at Colombo & Hurd today for an initial consultation at (407) 478-1111 and we will be happy to discuss the filing process as well as the length of time likely required for the visa to process. Our lawyers assist clients both in Florida and around the world to obtain green cards for their loved ones.