It’s almost Valentine’s Day! What could be more romantic than ensuring that you and your spouse can live together in the United States, happily ever after? Marriage green cards are a great immigration option for many immigrants who have married U.S. citizens or lawful permanent residents. But along with a number of other eligibility requirements (see our post on eligibility) your relationship must be able to withstand the scrutiny of USCIS!
USCIS needs to be assured that you are in a bona fide marriage. When two people get married and intend to establish a life together as spouses, the marriage is bona fide. A marriage entered into for the sole purpose of getting a green card is not bona fide. It’s called a “sham” or “fraudulent” marriage, and the USCIS tries to uncover these fake marriages and will refuse to issue green cards to people in a marriage that does not appear to be bona fide. USCIS is very strict in determining whether a marriage is bona fide. You will be asked many questions during the course of your application process and you will have to provide extensive documentation to show that you are establishing a life together. How can you prove that your relationship is bona fide? Continue reading
If you are a qualified K-3 nonimmigrant visa applicant, your child may be eligible for a K-4 visa. USCIS will allow your child to accompany you if he or she is 21 years of age or under, and is unmarried. Additionally, for the children of the non-citizen parent to be eligible for the K-4 U.S. visa, the parent’s marriage to the petitioning U.S. citizen spouse must have occurred before the child(ren) were 18 years of age.
There are a number of benefits associated with the K-3 visa or K-4 visa, also known as the fiancé(e) visa.
- K-3 visa applicants may apply to adjust status to a permanent resident at any time after being admitted to the United States.
- A K-4 nonimmigrants may file their application for adjustment of status concurrently upon admission to the United States. The application may be filed with or at any time after a Petition for Alien Relative has been filed on his or her behalf by the U.S. citizen spouse petitioner.
- K-3 and K-4 nonimmigrant visa holders may both obtain employment authorization upon admission to the United States. Evidence of eligibility to work legally in the United States may be obtained by filing an Application for Employment Authorization, or EAD.
- K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization after filing an application for adjustment of status, based on that pending application. This is possible even if the K-3 or K-4 nonimmigrant status expires.
If you would like assistance with your K-3 or K-4 visa, or need help with your adjustment of status or work authorization, feel free to call or email today! We are available immediately to guide you on your immigration path!
Every year, tens of thousands of United States Visas are issued to people who live overseas and are married or engaged to be married to an American Citizen. A U.S. visa allows them to move to the United States and be with their loved ones. There are a number of ways to obtain a U.S Visa to join your spouse or fiancé(e). If you are a foreign citizen and are engaged to a U.S. citizen, the most common way of coming to the U.S. is with a K-1 fiancé(e) Visa. For a foreign citizen spouse, there are several common ways to come the U.S., each with their own benefits. Below is a list of visas that can be obtained to bring a foreign fiancé(e) or spouse to the U.S.
Immigration options for a foreign fiancé(e) living overseas:
Immigration options for a foreign spouse living overseas:
- Spouse Visa K-3
- Spouse Visa IR-1 or CR-1
- Consular Processing
If you have any questions about obtaining a U.S. visa through your spouse or fiancé(e), call or email Your Immigration Angel for a free initial consultation. We can assist you today!