One of the most frequently asked questions that our NYC marriage visa lawyers and Westchester faince visa attorneys are asked is "Can I get my girlfriend or boyfriend a visa through marriage?" The answer is usually yes. If you have fallen in love with someone from another country and want to bring them to the United States or if they are already in the United States, our Westchester marriage lawyers and New York City fiancé visa attorneys know that there are three options. These options are the same for same sex couples and transgender couples including members of the LGTB community. The first option is the fiancé visa, (K1 Visa). Our NYC immigration attorneys know that a K1 visa, or fiance visa, is only available for immigrants who are engaged to a United States citizen spouse. A lawful permanent resident spouse may not petition for a fiancé.

                                                                    THE PROCESS FOR A FIANCE VISA

The process begins by the US citizen filing the I-129F petition where the Petitioner resides. The citizen is called the petitioner and the immigrant the beneficiary. The criteria are 1) a fiancé of a United States citizen 2) the fiancé seeks to enter the United States solely to conclude a valid marriage with the petitioner. 3) the couple MUST marry within 90 days after entry of the immigrant. It is important to note that children of the fiancé can accompany the fiancé also.

Our Westchester and New York City fiancé visa lawyers know that the most important factor is convincing the government that the sole intention to enter into the United States is to marry a spouse whom you love and committed to marry for life, so our attorneys will work with you to make sure that convincing evidence is included in the application. There is a legal requirement that there must be a bona fide intention to marry within 90 days of the fiancé’s entry. This can be met by providing supporting evidence. Our fiancé visa lawyers recommend including photographs of the two of you together, letters in support from friends or family and even emails to document the relationship. The couple must have previously met in person within 2 years of the filing of the I 129F or file for a waiver of such requirement by proving that meeting in person would have caused “extreme hardship” to the petitioner or would violate strict and long established customs of the beneficiary’s foreign culture or social practice. This exception is extremely limited in scope and our fiance and marriage lawyers suggest making every reasonable effort to meet your significant other at least once if not more times prior to filing the petition.

Our New York marriage and fiance visa lawyers know that the approval of the K-1 is just the first step. Once the visa is approved, you have 90 days to enter the United States, get Married and then a I-485 adjustment of status application needs to be submitted. Even minor errors in the process can result in immigration denying the application. Trust our New York Fiance Visa lawyers to get the paperwork done correctly.  Our Fiance Visa lawyers in New York know that a well prepared petition with supporting documents is the key to getting an approval. 

After the I 129F is approved by the United States Citizen and Immigration Services, “(USCIS)” the case is transferred to the United States Department of States where the beneficiary files the DS 160. This is the formal application for the K1 visa. At this stage more information and documentation are collected, and a thorough security check is conduction. It is at this point also that the beneficiary must prove that he or she will not become a public charge in the United States by submitting proof that the United States citizen has financial means to support the immigrant in the even the beneficiary cannot work and/or earn sufficient income to support themselves. Our Fiance Visa lawyers in our New York City and Westchester offices are well versed on this area of the law. Once all information, documentation and clearances are performed the Dept of State will forward the case to the United States embassy where the immigrant lives. An interview date is set up by the embassy and the couple must attend this interview. Some embassies have different rules for the interview therefore, our Fiance visa lawyers will prepare you for the interview.

Once the fiancé visa is approved, the new immigrant has 90 days to enter the country, get married and submit an application to adjust their status (Form I-485) to a permanent resident. Another interview will be conducted in the United States where the couple will have to prove that they married within the 90 days of entry. A bona fide marriage must be proven. However, the immigrant can still adjust status and get a green card if they have been divorced or the petitioner has died after the marriage. Our Fiance lawyers in our New York City and Westchester County offices, know these exceptions and how to prove them. The permanent resident application once approved, will entitle the immigrant to a permanent resident  card, also known as a green card, as well as employment authorization and a social security number and travel back and forth from the United States.

 WHAT IF THE IMMIGRANT OR THE PETITIONER

HAS A CRIMINAL RECORD?

One frequent question that our New York fiance visa lawyer are asked is can I petition my fiance if I or they have a criminal record? There are  inadmissibility bars to the immigrant based on criminal records of the beneficiary and the petitioner. However, there are waivers to certain crimes and other situations which could jeopardize the process. If you have questions about immigration or whether you can get a fiance visa with a criminal conviction, the best option is to have a consultation with our New York immigration attorneys. Our lawyers will guide you through the entire process.

 THE MARRIAGE VISA

The second alternative to petitioning for your spouse, is the marriage visa, where you marry your mate in their country and petition them as a spouse. For this process, the Petitioner may be either a United States citizen or a lawful permanent resident. This process is called consular processing and is much different that the K1 visa. In this scenario, the couple must marry first in the immigrant’s country. The Petitioner will then file a petition for a relative , form I-130 in the place where he or she lives in the United States. It is at this stage that the petitioner must prove the existence of a bona fide marriage. There are similarities in the two options as far as criminal bars and financial requirements also.

Our Westchester New York marriage visa lawyers know that you will need certified translations of the marriage certificate and any other documents. The drawback to the marriage visa is that if the U.S. Citizen returns to their country immediately after the marriage, the immigrant spouse must still wait for their application to be approved, whereas with a fiancé visa, they can get married and remain in the United States. Once the marriage petition is approved, your spouse will receive a visa to enter the country as a permanent resident and will obtain employment authorization and a social security number and the right to travel. Our New York and Westchester marriage visa lawyers have extensive experience in petitioning for marriage visas and have a high rate of approval. 

   ADJUSTMENT OF STATUS

If your fiancé is in the United States you have a third option. This is called adjustment of status. It is also started by the filing of an I 130 Family Petition. One of the most frequent questions our New York marriage visa lawyers are asked is  If I have an expired visa while in the United States and I marry a citizen, can I get a green card or become a permanent resident. In most cases, the answer is yes. If your spouse is in the United States already, so long as they entered the country legally, they are eligible to adjust their status to a permanent resident, even if they arrived on a temporary visa, such as a student visa or tourist visa and it has expired.  

OUR MARRIAGE AND FIANCE VISA ATTORNEYS IN NEW YORK CAN HANDLE CASES

VIRTUALLY ALL OVER NEW YORK STATE

With our virtual capabilities, our New York marriage and fiancé visa lawyers can prepare applications remotely for clients all over the State of New York.We are also presently offering virtual consultations with google meetings, skype, facetime and whattsap.