Bringing Your Foreign Spouse Or Fiancée To The U.S.
You look forward to the day your spouse or fiancé/fiancée can join you to live in America. You also may worry about the immigration process or the government scrutiny. It is both an exciting and anxious time.
I am New York immigration lawyer Ginny Nuñez. I have helped many clients secure immigrant visas for their foreign-born spouses or fiancées, along with any dependent children. My goal is to make a complex process easier for you so you can be reunited as soon as possible.
Spouse Visas (Marriage-Based Green Cards)
I assist U.S. citizens living in the NYC area (or anywhere in the United States) and their spouses who are currently living in another country. I will guide you through all the stages of the legal process to reunite in the United States and make this your permanent home together.
The first step for the citizen spouse is to file a I-130 “Petition for Alien Relative” to obtain permission for the wife or husband to enter the United States on a marriage-based green card:
- CR1 (conditional resident) visa if you have been married less than two years
- IR1 (immediate relative) visa if you have been married for more than two years
The CR1 visa is known as a conditional green card. After two years, the couple must petition for removal of conditions to obtain a 10-year green card. An IR1 spouse (married two years or more) is eligible right away for a 10-year green card with no conditions.
Marriage visas for non-citizens
A married person who is a legal permanent resident but not a U.S. citizen can petition to bring their immigrant spouse and children to America. However, the U.S. government strictly limits the number of these visas and the wait time can be several years. If you have your green card, I can help you start the long process to bring the rest of your family over.
Fiancé(e) Visas To Get Married In The U.S.
If you are a U.S. citizen, you can sponsor a foreign national to come to the United States for the purposes of getting married. I can help with the I-129 “Petition for Alien Fiancé(e)” paperwork to secure an entry visa (K1 visa). Once your fiancé or fiancée arrives in the U.S., you must be married within 90 days.
After the marriage, your new spouse can apply for permanent resident status (green card) to be able to work in the U.S. and later pursue U.S. citizenship.
The Dreaded USCIS Interview
For many, the most scary and stressful part of spouse immigration is the interview by the U.S. Citizenship and Immigration Services. The government wants to know that your marriage is real and not a sham or “business transaction” to help a person obtain a green card or citizenship under false pretenses. The USCIS officer will ask a lot of questions about your relationship, your families, your future plans, etc. I will prep you for the interview and what things the officer is likely to ask, and make sure all your documents are in order.
Full-Service Immigration Help
I explain everything and help with every facet of the process, including consular processing. This means working with the embassy or consular office in the country of origin to get clearance for a spouse or fiancé(e) to come to the U.S.
In general, I encourage spouses to acquire the CR1/IR1 immigrant visa (green card) in their home country. That process is usually faster and cheaper than getting a K3 temporary visa to enter the U.S. and then applying for permanent residence and a work permit.
My office is centrally located in New York City, near Penn Station for easy access. Call me today at 917-730-3172 to arrange a consultation or book an appointment.
Se habla español.