Reviewed by André Matias, Esq., Principal Attorney
Permanent resident visas through marriage
Types of Spouse Visas for immigrating to the USA
There are different types of spousal visas available, depending on your spouse’s immigration status in the United States. Altius can help you determine which visa is suitable for your specific situation. Some of the spouse visas applied for include:
- K-1 Visa: Also known as a fiancé(e) visa, it is intended for fiancés of American citizens who wish to marry in the United States.
- K-3 visa: This visa is for spouses of U.S. citizens who are waiting for their immigration applications to be approved.
- CR-1 visa: Designed for spouses of U.S. citizens who are already married and wish to immigrate permanently to the United States.
If you hold one of these visas and are already married to a US citizen, you are probably eligible to apply for a green card, which will allow you to live and work freely in the United States. When applying for a green card within the United States, you will need to go through the “adjustment of status” process. Read more below.
How does the process of adjusting green card status by marriage work?
The process involves filling in various forms, collecting documents and paying fees. In addition, it is crucial to follow the specific deadlines and requirements to ensure the success of the adjustment of status process and obtaining the marriage green card.
Marriage within 90 days
After arriving in the USA on a K-1 visa, the couple must get married within 90 days. This is a fundamental requirement for applying for a marriage green card.
Checking for impediments
Before starting the adjustment of status process, the foreign spouse must check whether there are any impediments to admissibility to the USA. This can include issues such as contagious diseases, drug addiction, criminal history, among others. If there are impediments, it may be possible to request a waiver.
Proof of a genuine relationship
It is essential to demonstrate that the relationship with your spouse is real and not just for immigration benefits. Proof of a genuine relationship is an essential step in the immigration process, as it aims to prevent fraud and marriages of convenience. To do this, it is necessary to present solid evidence that the couple has a real and lasting relationship.
This evidence can include photographs of you together, with family and friends, letters of support from people close to you that attest to the veracity of the relationship, proof of trips taken together, shared bank accounts, a rental agreement or deed in both your names, among other documents that demonstrate the existence of a legitimate relationship.
In addition, it is important to take part in interviews and answer questions about the relationship in a coherent and consistent way, showing mutual knowledge and intimacy.
Removing conditions
If the adjustment of status is approved and the couple has been married for less than two years at the time of approval, the green card granted will be conditional. In this case, two years after the green card has been issued, the foreign spouse must apply to have the conditions removed, presenting evidence that the marriage is genuine.
Immigration lawyer
Why hire an immigration lawyer specializing in marriage visas?
Hiring an immigration lawyer who specializes in spousal visas can make all the difference in your journey to the United States. In addition to providing professional guidance and support, a lawyer can:
- Ensure that you meet all the necessary requirements;
- Prepare and proofread your documentation thoroughly to avoid errors;
- Help deal with any problems or challenges that may arise during the application process
Marriage Visa Application Process
The process of applying for a spouse visa involves several important steps. At Altius, our immigration lawyer will help you navigate them all, ensuring that everything is done correctly and within the established deadlines. Some of the steps include:
- 1Initial assessment
- 2Collecting documents
- 3Preparing the application forms and evidences
- 4Preparing for the interview
Why choose Altius for your green card family-based process?
Initial assessment
We will carry out a detailed analysis of your case to determine the best strategy to follow. During the initial assessment, we will carefully examine the details of your case, taking into account all relevant aspects. This can include reviewing documents, analyzing evidence, conducting interviews and consulting other experts if necessary.
Our aim is to gain a complete understanding of the situation so that we can develop the most effective strategy to achieve your goals. By carrying out this detailed analysis, we ensure that all important information is considered, allowing us to offer the best possible guidance and assistance.
Gathering documents
We will guide you in obtaining all the necessary documents for the marriage visa process.
Preparing the application form
We will help you to prepare all fiancé visa application forms, ensuring that all the information is provided clearly and accurately.
Medical exam and interview
In order to obtain a green card in the United States through marriage, the beneficiary must go through a process that includes a medical examination and a consular interview. The medical examination is conducted by a designated health provider and covers physical assessments, laboratory tests and immunization checks. The results are sent directly to the consulate. The consular interview is scheduled after the application has been approved and involves questions about eligibility and document verification. We will assist in preparing for this interview. Based on the interview, the consular officer decides whether to approve the immigrant visa. If approved, the beneficiary receives information about arriving in the USA and the subsequent process for obtaining a green card.
Fiancé Visa Lawyer
Benefits of a fiancé visa with Altius
If you are planning to reunite with your spouse in the United States, it is important to understand the requirements and process for obtaining a spousal visa. Altius is here to help! Our team of immigration specialists has experience in dealing with marriage visa cases and is ready to guide you every step of the way.
Get in touch
If you are marrying or have already married a US citizen or permanent resident, contact us and let us help you achieve your family immigration goals.