Chicago Marriage Visa Lawyer
Helping Couples with Spouse & Fiancé Immigration
We Are Experienced Marriage Visa Attorneys
Are you an American citizen who is engaged or married to someone from another country? Are you interested in bringing your spouse or fiancé to the United States? Various legal options may be available to you. Navigating the marriage-based immigration system can be confusing, and even overwhelming for immigrants and their spouses or fiancés, however. That’s where our law firm comes in. A marriage visa lawyer with Freedom Immigration can guide you through the legal steps you’ll need to take to reach your immigration goals with fewer hiccups and a higher chance of success.
For legal help with spouse & fiancé immigration, contact a Chicago marriage visa lawyer at Freedom Immigration for a free consultation. Call (224) 588-3536
What Are K Visas?
K visas are often referred to as “marriage visas” or “fiancé visas”. United States citizens who are married to a foreign spouse, or are engaged to a citizen of another country, can obtain marriage visas allowing their same-sex or opposite sex spouse or fiancé to legally enter the United States. Where a couple intends to marry often impacts which marriage visa category to choose. It is important to consult with an experienced immigration attorney to ensure you are following the best path to citizenship.
K-1 Visa for Fiancé and K-2 Visa for Children of Fiancé
If you wish to bring your fiancé into the United States to marry, you must file a petition with USCIS for a K-1 fiancé visa. You will submit the application on your fiancé’s behalf. Approval will allow for your loved one’s lawful entry into the United States. Children of the K-1 holder can also enter the U.S. with a K-2 visa.
K-1 Visa Eligibility and Requirements
You must be a U.S. citizen to sponsor your fiancé. Your fiancé must be a citizen of another country, and he or she must be physically outside the U.S. at the time of application. An individual can be issued a K-1 visa only after a petition is filed in the United States and has been approved, based on satisfactory evidence that shows that the couple:
- Met within two years of the date they filed the petition, unless a waiver is granted
- Has a bona fide relationship with the intent to marry
- Is willing and legally able to enter into a valid marriage in the United States within 90 days after the foreign fiancé’s arrival.
A fiancé visa lawyer at Freedom Immigration will assist you in submitting all required documentation. We will help you prove to USCIS that the impending marriage is not a fraudulent means to gain entry into the United States by a non-citizen. Upon approval, our team will help you file a green card application on behalf of your fiancé.
What Happens if You Obtain a K-1 Visa and Don’t Get Married to Your Foreign Fiancé?
If you do not marry within ninety days, your fiancé and any K-2 dependents will be required to depart the United States. Failure to depart will result in involuntary removal.
What Is the Processing Time for a K-1 Fiancé Visa?
On average, the entire K-1 visa process take approximately 12 to 18 months. Various factors can impact the amount of time it takes to process your fiancé visa application, however. These include, but are not limited to, any backlogs at your service center, your personal background, the number of documents you were required to include, and where your application is processed.
What Do You Need to Know About Sponsoring Your Fiancé?
To be eligible to sponsor your fiancé for lawful permanent residence based on a family relationship, you must meet the following criteria.
You must be an American citizen.
Under U.S. immigration law, you can only sponsor your fiancé for a marriage visa if you are a U.S. citizen. As a sponsor, you must be able to provide documentation proving your status, and you’ll need to be willing to sponsor your partner for lawful permanent residence. Your immigration lawyer can help you file the form I-129F, Petition for Alien Fiancé, with USCIS.
You must prove that you can financially support your fiancé.
You’ll need to provide documentation that your income is at least 100 -125% above the federal poverty line for your family size. Your family size includes the beneficiary and all other dependent family members. The Consular Officer may request that you submit a Form I-134, Affidavit of Support. When you sign the affidavit, you are agreeing that you will financially support your fiancé until the immigrant becomes a U.S. citizen or has worked for at least 40 quarters (about 10 years).
You’ll have to prove that you share a bona fide romantic relationship with your fiancé.
To be eligible for a marriage-based visa, you will need to prove to USCIS that you have a bona fide romantic relationship with your fiancé. Although this requirement may seem simple to satisfy, USCIS officers often thoroughly investigate alleged relationships before approving applications. Providing photographs of you with your fiancé, phone records, hotel receipts, and receipts for engagement rings can be used to help prove your relationship.
What Do You Need to Know About Sponsoring Your Spouse?
If you are already married, and you are sponsoring your spouse for lawful permanent residence based on a family relationship, you must meet the following criteria.
You must be an American citizen or a lawful permanent resident of the United States
You must be a U.S. citizen or a lawful permanent resident of the United States to sponsor your foreign spouse through a marriage visa. As a citizen spouse and potential sponsor, you will need to provide documentation that proves your status. This is typically in the form of your birth certificate, naturalization certificate, passport, or green card. An immigration attorney with our law firm can help you file the I-130, Petition for Alien Relative.
You must prove that you can financially support your spouse.
You will need to submit form I-864, Affidavit of Support, along with evidence of your financial condition, to prove that you have the ability to support your spouse financially. Documents like tax returns and wage and earnings statements (pay stubs) can serve as proof of your financial ability. If you have retirement income, child support or alimony that you want to claim to meet the income requirements, you may also submit proof of those.
You’ll have to prove that a bona fide marriage exists.
To prove that your marriage legally exists, you can provide your marriage certificate that show your name, your spouse’s name, and the date and location of your marriage. If either of you were married previously, you will need to also provide your divorce papers as proof that the marriage was legally terminated. Joint bank statements, a joint lease, and/or photographs of you and your spouse together can help demonstrate that a bona fide marriage exists.
We Help with Spousal and Family-Based Permanent Resident Status (Green Cards)
Obtaining your Permanent Resident status, also referred to as getting your “green card” or immigrant visa, allows you to enter into the United States with the intention of staying. If you are a green card holder, you can work at any job in the United States.
Permanent Resident status is issued by the Department of State or United States Citizenship and Immigration Services (USCIS). Priority is given to spouses, dependent children, and parents. Green cards for other family members, such as siblings or adult children, may also be available, but they are subject to annual quotas. Approval often takes years.
Green Card Eligibility Requirements
If you are a United States citizen, you may sponsor your immediate relatives to enter the U.S. under a green card. Immediate family members include your:
- Spouse
- Parents
- Minor Children
- Unmarried Sons and Daughters
- Married Sons and Daughters
- Brothers and Sisters
Foreign nationals who hold a green card (permanent residents) may only sponsor their:
- Spouse
- Minor Children
- Unmarried Children 21 years of age or older
Preparing for a Marriage-Based Green Card Interview
An interview with a U.S. Customs and Immigration Services official is a critical part of the marriage-based green card application process. The USCIS considers the interview to be an opportunity to confirm that the information provided in your application is correct and to assess whether your marriage is authentic.
Marriage-based green card interviews can be conducted in a number of ways. The USCIS official may talk to you and your spouse together, or separately, and in some cases, the interview might be recorded or videotaped. Both you and your spouse must attend the interview. Additionally, you will need to bring:
- Your government-issued identification (a driver’s license or passport)
- Form I-797C, Notice of Action (your appointment notice)
- Your adjustment of status application packet
- The original copies of any supporting documents you submitted with your application
Once you have both been interviewed, the officer(s) will compare your answers to identify any inconsistencies. If inconsistencies are identified, you may be called back for a second interview to resolve the issue(s).
If your application is approved, the foreign spouse will be issued a green card. If you have been married for less than two years when the green card is issued, you will receive a conditional green card. You will be required to file an I-751 petition to remove the conditional resident status before the two-year timer period expires. Failing to file the petition in time could result in the loss of the green card and the initiation of removal proceedings.
Ready to Take the Next Step Towards Obtaining a Fiancé or Spouse Visa?
Some of the biggest challenges people face when seeking to obtain a marriage visa involve ensuring that all the documentation is included with the application, understanding the requirements, and following the correct procedures. At Freedom Immigration, our legal team will take the guesswork out of your path to living and working in the United States. Our immigration lawyers will guide you through the fiancé or spouse visa process, and we will help you get it right the first time. Contact us today, and let’s get started on your future.
Call (224) 588-3536
FAQs About Fiancé and Spouse Visas
Which is faster, a fiancé visa or spouse visa?
The type of visa that is faster for your situation depends on your goals. If your goal is to get into the United States as quickly as possible, the fiancé visa is probably going to be your best option. However, a spouse visa will most likely help you reach your goal of obtaining your green card more quickly.
What percentage of fiancé visas get approved?
United States Citizenship and Immigration Services (USCIS) reports that approximately 75% of K-1 fiancé visa applications are approved. Hiring an experienced immigration attorney who handles fiancé visas can help you avoid becoming one of the 25% of applicants whose applications are denied.
What questions do they ask for fiancé visa?
Interview questions for a K-1 fiancé visa will involve applicant information, petitioner information, and information about the relationship. Some of the most common questions officers ask about the couple’s relationship include:
- How long have you and your fiancé been together?
- Where did you meet your fiancé?
- Where was your first date together?
- What types of things do you enjoy doing together?
- Have you met each other’s family?
