Family Based Visas
Applying For Family Based Visas in the United States
Our firm is experienced in adjustment of status through marriage to a U.S. citizen. We have successfully guided many immigrants through the complex process of adjustment of status—a process through which an immigrant spouse obtains a green card. The process of adjustment of status starts with the U.S. citizen spouse filing Form I-130, Petition for Alien Relative, with USCIS. If the immigrant spouse is in the United States, then Form I-485, Application for Adjustment of Status, may be filed concurrently with Form I-130.
More information on the types of visas covered under marriage to a US citizen is below (married in the U.S., married outside the U.S., conditional green card, and fiancé(e) visas).
United States Immigration Law Attorney For Family Based Visas
Our law office has an experienced United States immigration lawyer serving immigration clients across the U.S. and in our home state of South Carolina. Our immigration attorney will help you determine if you qualify to apply for a visa for marriage to a U.S. citizen and I-751 removal of conditions. Our immigration law firm has successfully filed many applications that appeared hopeless and will help you through every step of the visa application process.
Free Family Based Visas Case Consultation
Wherever you are in the United States or abroad, we can help you from our South Carolina law office with your visa for marriage to a U.S. citizen and I-751 removal of conditions cases. We have helped many individuals in solving their United States immigration visa situations. Contact our office to schedule a free consultation regarding your marriage visa case.
What You Should Know About Family Based Visas in the United States
There are several types of family based visas in the United States:
IF YOU GET MARRIED IN THE U.S.
If your marriage took place in the U.S. and can be supported with civil documentation, the U.S. citizen spouse must petition the USCIS for an immigrant visa by filing Form I-130, Petition for Alien Relative. At the same time, the immigrant spouse may apply for an adjustment of status to acquire a green card by filing for I-485, Application for Adjustment of Status. The immigrant spouse may also apply for work authorization and permission to travel abroad if desired.
The work permit and travel permit (advance parole) are usually issued within a short few or couple months. The green card process may take longer. For example, in Spartanburg, South Carolina, it can take up to six months for the initial interview with the USCIS. The application to adjust status must be filed with the USCIS local office that has jurisdiction over the applicant’s place of residence.
IF YOU GET MARRIED OUTSIDE THE U.S.
If a U.S. citizen marries a foreign national outside of the United States, the same initial procedures apply, except that the immigrant spouse will wait outside the United States for the immigrant visa to be approved. Procedurally, this petition process also includes production of documents and an interview at the U.S. Embassy or consulate in the country where the immigrant spouse resides, before an immigrant visa may be granted.
CONDITIONAL GREEN CARD
If the marriage is less than two-years-old before permanent residency is approved, the USCIS will issue a conditional green card. This green card will expire after two years. The conditions of the conditional green card must be removed within 90 days of the expiration of the green card and must be petitioned for by both spouses. Failure to remove the conditions will place the immigrant spouse out of status and subject him/her to deportation proceedings. Please also view our page for Green Cards in the United States.
WAIVERS OF THE JOINT PETITION
If the marriage has dissolved for reasons of death of the citizen spouse, spousal abuse, or divorce, the immigrant spouse may request to have the joint petition requirement waived. Victoria Law Firm has many years of experience in assisting clients in obtaining waivers of the joint petition requirement.
We represent U.S. citizen fiancé(e)s from all over the world. Please view our page specifically for Fiancé(e) Visas.
CALL OUR OFFICE TO SCHEDULE YOUR FREE FAMILY VISA CONSULTATION.