The K-1 visa, also known as fiancé visa, is the visa used to bring a foreign fiancé to the United States so that the couple can marry within 90 days and afterwards apply for a marriage visa for the foreign partner and ultimately obtain citizenship through marriage. As the name implies, the K-1 fiancé visa is meant for couples who are still not married. If you are a U.S citizen and your fiancé lives abroad and you want to bring her/him to the US and have your wedding here, the K-1 visa might be the right path for you. The Immigration Law Office of Los Angeles has a 100% approval rate in K-1 visa applications. If you are interested in pursuing a fiancé visa give us a call at (866) 935-3257 to get a consultation.

Now, if your immigrant fiancé lives abroad and you are looking to have your wedding abroad (in your fiancé’s home country for example) but then live together in the US, the process you are looking for is known as consular processing. We also have a guide on the K-1 vs the CR1 visa to help you decide which is best for you.

When the application is approved, the applicant spouse receives a conditional green card (CR1 visa), which is temporary and valid for 2 years if the marriage is less than 2 years when the green card is issued. It is important that 90 days before the end of this conditional period, the couple files together the form I-751 (Petition to Remove Conditions on Residence) in order to obtain a 10 year green card through marriage, known as permanent green card which is valid for 10 years. USCIS will re-evaluate the authenticity of the marriage before granting this “immediate relative” green card, or ir1. Some of the criteria to remove the conditional status are:
– The conditional green card was obtained through marriage to a U.S Citizen.
– This conditional green card will expire within the next 90 days.
– There is evidence of a bona fide marriage (this can be proven by showing financial co-mingling such as joint bank accounts or joint tax returns for example).

Once the spouse obtains the permanent green card, the spouse can apply for naturalization through the Form N-400 (Application for Naturalization) after 3 years of being married to a U.S. citizen and living in the USA. For this step, some of the general requirements are:
– Being a permanent resident (GC holder) for at least 3 years
– Have been living with your U.S. Citizen spouse for at least 3 years
– Have lived within the State for at least 3 months before filing the application
– Have continuous residence in the U.S. under a permanent resident status for 3 years
– Have been physically present in the U.S. for at least half of the 3 years (18 months)
– Have basic knowledge about U.S. civics, and
– Be a person of good moral character.

If the foreign spouse is living abroad, he or she can still apply for a I-130, but this time the process is called Consular Processing, as part of it will take place at his/her home country’s consulate. When applying for a green card via consular processing, you still need to file the I-130 petition for Immediate Relative and wait for USCIS ‘decision. Once the petition is approved by USCIS, then it is sent to the Department of State NVC (National Visa Center), where the application will be processed.

NVC will create a case file and notify you of the necessary documents and fees for immigrant processing and then forward your case to the US Consulate or US Embassy where you will be scheduled for an interview with a consular officer that will determine whether or not you qualify for an immigrant visa.

If everything goes well in the interview and you are granted the immigrant visa, and you will be given a packet of information (known as visa packet) that you will have to present to the U.S. CBP (Customs and Border Protection) when you arrive in the United States.

If you have overstayed your visa in the United States, you might still be eligible to apply for an adjustment of status through marriage if you are married to a US Citizen. If you have overstayed, don’t hesitate to contact our office at (866) 935-3257 to speak with an experienced attorney who can advise you on what your options are.

If you, or your spouse, are looking to apply for a spousal green card contact the Immigration Law Office of Los Angeles. With more than 80 years of combined experience, 35,000 cases approved and a 99.9% approval rate, we are the best option to secure your future in the U.S.

After your marriage-based green card interview, several things can happen, depending on the outcome of the interview:

Approval: If the immigration officer conducting the interview is satisfied that your marriage is bona fide and meets all the eligibility requirements for a green card, they may approve your application on the spot or shortly thereafter. You will receive a notice of approval, and your green card will be mailed to you.

Request for Evidence (RFE): If the immigration officer needs more documentation or information to make a decision, they may issue a Request for Evidence (RFE). You will be given a specific timeframe within which to provide the requested documents or information. Failure to respond to an RFE can result in the denial of your application.

Conditional Green Card: If your marriage is less than two years old at the time of approval, you will likely be granted a conditional green card. This conditional green card is valid for two years and requires you to file a joint petition (Form I-751) to remove the conditions during the 90-day window before it expires.

Denial: If the immigration officer determines that your marriage is not bona fide or that you do not meet the eligibility requirements for a green card, they may deny your application. In this case, you will receive a denial notice explaining the reasons for the denial. You may have the option to appeal the decision or reapply if you believe the denial was in error.

Administrative Processing: In some cases, the immigration officer may need additional time to review your case or conduct background checks. This can result in your case being put in administrative processing, which may delay the final decision on your green card application.

It’s essential to be prepared for the interview by bringing all required documentation and being honest and forthright with the immigration officer. If you have concerns about your interview or the green card application process, it’s advisable to consult with an immigration attorney who can provide guidance and support throughout the process.

The processing time for a green card through marriage varies depending on several factors, including whether you are married to a U.S. citizen or a permanent resident. For spouses of U.S. citizens, the process typically takes about 11 to 15 months, while spouses of U.S. permanent residents can expect a timeline of 36- 50 months due to visa availability. To avoid delays and get your marriage green card faster than the average time, it’s essential to contact one of our immigration attorneys by calling (213) 375-4084.

Yes, you can apply for advance parole (Form I-131), which allows you to travel internationally while your green card application is pending. However, you must receive approval for advance parole before leaving the U.S. Traveling without it may result in your application being considered abandoned.

While it’s possible to apply for a green card through marriage without legal assistance, hiring an immigration lawyer can significantly improve your chances of success. Our experienced marriage green card lawyer can guide you through the complex process, help gather the necessary documents, and ensure all forms are completed correctly. We have a 99.9% approval rate and over 206 reviews on Google with a 5-star rating.

Yes, if you are a lawful permanent resident, also known as a green card holder, you can sponsor your spouse for a green card. However, processing times are longer compared to U.S. citizens sponsoring their spouses. Your spouse will be placed in the F2A visa category, and there will be a waiting period due to visa availability. Also, the alien spouse must be in a valid nonimmigrant status when applying for adjustment of status based on marriage to a permanent resident at the time of filing.

To prove a genuine marriage, you can present:
– Joint financial documents (bank statements, insurance policies).
– Leases or mortgages in both names.
– Photos of you and your spouse over time, including at events with family and friends.
– Correspondence or messages exchanged between you and your spouse.
– Affidavits from friends or family confirming your relationship.

Once you receive your green card, or conditional green card, if you have married less than 2 years, you’ll be a lawful permanent resident or a lawful conditional permanent resident of the U.S. You can live, work, and travel freely. If you received a conditional green card, you must apply to remove the conditions after two years. After holding your green card for the required period, you may be eligible to apply for U.S. citizenship.

Before receiving your marriage green card, you can start working once you apply for and receive your Employment Authorization Document (EAD), which typically takes around 4-6 months after filing form I-765. Our employment visa lawyer can answer any questions you have. 

You can begin working in the U.S. immediately after receiving your marriage green card. 

No, you must apply to receive a marriage green card.