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New York Attorney Who Prepares Marriage, Fiance And Family Visa Petitions
Over 25 Years Experience
One of the most frequently asked questions that our NYC marriage visa lawyers and Westchester fiancé visa attorneys are asked is “Can I get my girlfriend or boyfriend a visa through marriage?” The answer is usually yes. If you have fallen in love with someone from another country and want to bring them to the United States or if they are already in the United States, our Westchester marriage lawyers and New York City fiancé visa attorneys know that there are three options. These options are the same for same sex couples and transgender couples including members of the LGTB community. The first option is the fiancé visa, (K1 Visa). Our NYC immigration attorneys know that a K1 visa, or fiance visa, is only available for immigrants who are engaged to a United States citizen spouse. A lawful permanent resident spouse may not petition for a fiancé.
The Process For A Fiance Visa
The process begins by the US citizen filing the I-129F petition where the Petitioner resides. The citizen is called the petitioner and the immigrant the beneficiary. The criteria are 1) a fiancé of a United States citizen 2) the fiancé seeks to enter the United States solely to conclude a valid marriage with the petitioner. 3) the couple MUST marry within 90 days after entry of the immigrant. It is important to note that children of the fiancé can accompany the fiancé also.
Our Westchester and New York City fiancé visa lawyers know that the most important factor is convincing the government that the sole intention to enter into the United States is to marry a spouse whom you love and committed to marry for life, so our attorneys will work with you to make sure that convincing evidence is included in the application. There is a legal requirement that there must be a bona fide intention to marry within 90 days of the fiancé’s entry. This can be met by providing supporting evidence. Our fiancé visa lawyers recommend including photographs of the two of you together, letters in support from friends or family and even emails to document the relationship. The couple must have previously met in person within 2 years of the filing of the I 129F or file for a waiver of such requirement by proving that meeting in person would have caused “extreme hardship” to the petitioner or would violate strict and long established customs of the beneficiary’s foreign culture or social practice. This exception is extremely limited in scope and our fiance and marriage lawyers suggest making every reasonable effort to meet your significant other at least once if not more times prior to filing the petition.
Our New York marriage and fiance visa lawyers know that the approval of the K-1 is just the first step. Once the visa is approved, you have 90 days to enter the United States, get Married and then a I-485 adjustment of status application needs to be submitted. Even minor errors in the process can result in immigration denying the application. Trust our New York Fiance Visa lawyers to get the paperwork done correctly. Our Fiance Visa lawyers in New York know that a well prepared petition with supporting documents is the key to getting an approval.
After the I 129F is approved by the United States Citizen and Immigration Services, “(USCIS)” the case is transferred to the United States Department of States where the beneficiary files the DS 160. This is the formal application for the K1 visa. At this stage more information and documentation are collected, and a thorough security check is conduction. It is at this point also that the beneficiary must prove that he or she will not become a public charge in the United States by submitting proof that the United States citizen has financial means to support the immigrant in the even the beneficiary cannot work and/or earn sufficient income to support themselves. Our Fiance Visa lawyers in our New York City and Westchester offices are well versed on this area of the law. Once all information, documentation and clearances are performed the Dept of State will forward the case to the United States embassy where the immigrant lives. An interview date is set up by the embassy and the couple must attend this interview. Some embassies have different rules for the interview therefore, our Fiance visa lawyers will prepare you for the interview.
Once the fiancé visa is approved, the new immigrant has 90 days to enter the country, get married and submit an application to adjust their status (Form I-485) to a permanent resident. Another interview will be conducted in the United States where the couple will have to prove that they married within the 90 days of entry. A bona fide marriage must be proven. However, the immigrant can still adjust status and get a green card if they have been divorced or the petitioner has died after the marriage. Our Fiance lawyers in our New York City and Westchester County offices, know these exceptions and how to prove them. The permanent resident application once approved, will entitle the immigrant to a permanent resident card, also known as a green card, as well as employment authorization and a social security number and travel back and forth from the United States.
What If The Immigrant Or The Petitioner Has A Criminal Record?
One frequent question that our New York fiance visa lawyer are asked is can I petition my fiance if I or they have a criminal record? There are inadmissibility bars to the immigrant based on criminal records of the beneficiary and the petitioner. However, there are waivers to certain crimes and other situations which could jeopardize the process. If you have questions about immigration or whether you can get a fiance visa with a criminal conviction, the best option is to have a consultation with our New York immigration attorneys. Our lawyers will guide you through the entire process.
The Marriage Visa
The second alternative to petitioning for your spouse, is the marriage visa, where you marry your mate in their country and petition them as a spouse. For this process, the Petitioner may be either a United States citizen or a lawful permanent resident. This process is called consular processing and is much different that the K1 visa. In this scenario, the couple must marry first in the immigrant’s country. The Petitioner will then file a petition for a relative , form I-130 in the place where he or she lives in the United States. It is at this stage that the petitioner must prove the existence of a bona fide marriage. There are similarities in the two options as far as criminal bars and financial requirements also.
Our Westchester New York marriage visa lawyers know that you will need certified translations of the marriage certificate and any other documents. The drawback to the marriage visa is that if the U.S. Citizen returns to their country immediately after the marriage, the immigrant spouse must still wait for their application to be approved, whereas with a fiancé visa, they can get married and remain in the United States. Once the marriage petition is approved, your spouse will receive a visa to enter the country as a permanent resident and will obtain employment authorization and a social security number and the right to travel. Our New York and Westchester marriage visa lawyers have extensive experience in petitioning for marriage visas and have a high rate of approval.
Adjustment Of Status
If your fiancé is in the United States you have a third option. This is called adjustment of status. It is also started by the filing of an I 130 Family Petition. One of the most frequent questions our New York marriage visa lawyers are asked is If I have an expired visa while in the United States and I marry a citizen, can I get a green card or become a permanent resident. In most cases, the answer is yes. If your spouse is in the United States already, so long as they entered the country legally, they are eligible to adjust their status to a permanent resident, even if they arrived on a temporary visa, such as a student visa or tourist visa and it has expired.
Our Marriage And Fiance Visa Attorneys In New York Can Handle Cases
Virtually All Over New York State
With our virtual capabilities, our New York marriage and fiancé visa lawyers can prepare applications remotely for clients all over the State of New York.We are also presently offering virtual consultations with google meetings, skype, facetime and WhatsApp.
What Are The Options For A Marriage Or Fiance Visa?
If you have fallen in love with someone from another country and want to bring them to the United States, our Westchester marriage and fiance visa attorneys know that there are two options. These options are the same for same sex couples and transgender couples including members of the LGTB community.
The first option is the fiance visa, in which an initial petition for a visa is filed by the soon to be U.S. citizen bride or groom. Our Westchester and New York City fiance visa lawyers know that the most important factor is convincing the government that the relationship is legitimate, so our attorneys will work with you to make sure that convincing evidence is included in the application. Our fiance visa lawyers recommend including photographs of the two of you together, letters in support from friends or family and even emails to document the relationship. Once the fiance visa is approved, the new immigrant has 90 days to enter the country, get married and submit an application to adjust their status to a permanent resident. The permanent resident application once approved, will entitle the immigrant to a permanent resident card, also known as a green card, as well as employment authorization and a social security number.
The second alternative is the marriage visa, where you marry your mate in their country and petition them as a spouse. Our Westchester New York marriage visa lawyers know that you will need certified translations of the marriage certificate and any other documents. The drawback to the marriage visa is that if the U.S. Citizen returns to their country immediately after the marriage, the immigrant spouse must still wait for their application to be approved, whereas with a fiance visa, they can get married and remain in the United States. Once the marriage petition is approved, your spouse will receive a visa to enter the country as a permanent resident and will obtain employment authorization and a social security number.
One of the most frequent questions our New York marriage visa lawyers are asked is “If I have an expired visa and I marry a citizen, can I get a green card or become a permanent resident. In most cases, the answer is yes. If your spouse is in the United States already, so long as they entered the country legally, they are eligible to adjust their status to a permanent resident, even if they arrived on a temporary visa, such as a student visa or tourist visa and it has expired.
Approximately Two Thirds Of All Fiance K-1 Visas Are Approved.
~ USCIS
Meet Our Marriage And Fiance Visa Attorney
Joseph Ramirez
What Is The Process To Apply For A Family Visa?
Our NYC & Westchester family visa immigration lawyers know that the very first step in the process to petition for permanent residency is that you must qualify as an immediate relative, or in the family preference category, and the person petitioning for you has to fill out an application with the United States Citizen and Immigration Services. The name and number is called an I-130, which is the form number from immigration, and that is filled out by the person petitioning for you. You have to submit supporting documentation, and that petition has to be approved before anything further. Immigration will want to verify your family relationship. You have to send either a birth certificate or a marriage certificate if your spouse is petitioning for you. You have to send a copy of the visa and your passport.
If you have children, birth certificates are needed. Therefore, that is the very first step to take. After that petition is approved, then you can apply for what is called adjustment of status if you are in the United States, and that would entail filling out a form called the adjustment of status application, or I-45. That is if you are in the United States. Once that is approved then you are summoned for an interview before the Immigration Services, and if you pass that interview, you will become a green card holder and an approved permanent resident. The process if you are not in the United States is a bit different, but it starts with the I-130. Once the I-130 is issued, then the case is forwarded to the department of state then you have to fill out forms that are equivalent of the adjustment of status with the department of state, and the person who is being sponsored would have an interview with their home embassy. If that interview is approved, they will receive a visa, and get to return home to the United States with their relatives. That is the process. It differs if you are in the United States or not.
Family Based Immigration Petitions
Immigration Law allows U.S. Citizens and Permanent residents to petition for green cards for their family members. Answers to some of the most frequently asked questions that our NYC and Westchester immigration lawyers are asked about Family law petitions are as follows.
Our NYC And Westchester Immigration Lawyers Answer The Most Frequently Asked Questions
Who Is Eligible To Be Petitioned For a Family Visa? What Is The Criteria?
A person is eligible for a family visa if they are an immediate relative of a US citizen. Now, the United States Citizens and Immigrations Services classifies an immediate relative as a spouse, or an unmarried child under the age of twenty-one, and parents of US citizens, who are twenty-one or older.
Who Can Petition For A Family Member To Receive A Green Card?
There are different categories for anyone who can petition for a green card for a family member. The first category is for an immediate relative of a United States citizen. A United States citizen who has an immediate relative would be able to petition for that relative. In addition, if the family member with a green card was a legal permanent resident, they can petition, or sponsor a relative. Then, there is a
category where if a United States citizen does not have an immediate family member, they can petition for that person. That particular category falls under the preference category. There is a distinction between an immediate family member, and a member that falls into that preference category.
What Is The Difference Between Immediate Family And Family Preference Categories?
The family preference category includes unmarried sons and daughters over the age of twenty-one, married children of any age, and brothers and sisters of US citizens twenty-one or older. The immediate category also includes spouses and unmarried children under the age of twenty-one. Therefore, children under the age of twenty-one, or minors, are considered immediate relatives. It is a faster process. If you are over twenty-one, that is a preference-based category, and that process takes a little but longer. Brothers and sisters of US citizens are not considered immediate relatives under the immigration law, and they would fall under the preference category. Anyone older than twelve would also fall under the preference category.
When And How Should Someone Apply For The Family Based Visa?
Two different processes should be noted to apply for a family based visa. The first process is if a family member either is petitioning a relative, immediate relative, or refer to the preference category, and that relative is in the United States. This is called the adjustment of status process, and that is issued in the United States if the relative lives in the United States. If the relative is outside of the United States, the person petitioning and sponsoring can still petition for them, but it is a completely different process.
The department of state is involved in the process, and that person would have to be interviewed in their home country. Therefore, the relative can, as long as both parties of the relatives qualify as an immediate relative, or family preference category then can apply at any time.
For more information about applying for a visa for your family member, contact our New York immigration lawyers today.
If An Immigrant Is Already In The United States Illegally, Can They Be Legally Petitioned For?
If you are in the United States illegally, you can have a family member petition for you, but you have to meet certain eligibility criteria in order to be sponsored. The most important, if you are already in the United States, is you have had to enter the United States with what is called inspection by an immigration officer. Inspection basically means that you have been issued a visa in your home country, you came to the United States with that visa, and you were inspected, which is usually in an airport, or some people come by ship or other means, but you have had to have had a visa, and you have to have been through an inspection. If you came through the border, if you came illegally, unfortunately you are not eligible to be sponsored by any family member. There is a host of reasons why someone would be considered inadmissible. For example, if you were considered a terrorist, if you have a communicable disease, and barred from entry into the United States, you would not be eligible. You have to meet certain requirements. The biggest one is you have to be admitted with inspection and you have to have a visa. There are other qualifications that you have to meet, and if you are not admissible then your family member cannot petition for you, even though you may be an immediate relative, and you meet all the other criteria. You must meet all the criteria’s for admittance into the United States.
What Steps Can Someone Take If Their Application Is Denied?
Our immigration lawyers know that there are many steps can be taken if your application was denied. So even if you did the papers yourself and got denied, our immigration lawyers may be able to fix the problem. First, there are different levels of appeals. The first is if you are denied, immigration has an obligation to detail why they are denying you, and they have to send you a letter specifying the reason for denial. They do afford you an opportunity in that letter to appeal this decision, but you have to appeal usually within thirty days. It is a very short window, and you have to appeal right away, or you lose your right to appeal this decision. If you appeal, and you are not happy
with their answer, you can appeal to a federal court in your district. It may go all the way up to the Supreme Court.
What Are The Biggest Challenges In Family Based Immigration Cases?
The biggest challenges is filling out the forms correctly, submitting the proper documentation to immigration, and preparing for the interview. Even minor errors can lead to a denial. So for the best chance of an approval trust our experienced NYC and Westchester Immigration lawyers to prepare you papers correctly the first time. To get approved, you have to fill the forms out correctly and provide the backup documentation that immigration requires in their application. When it comes down to the interview process, especially for spouse’s petitions, they are looking to see that there is a bonafide marriage, and that the marriage is not intended just for immigration purposes, which is illegal.
It is very important to sit down with the applicants whether they are spouses or even family members, and make sure they are prepared to answer questions by the immigration officer, and proceed with the adjustment of status interview. Many of individuals go to agencies or other entities that are not experienced Visa immigration attorneys. Our immigration lawyers see this all the time. Their paperwork is not filled out correctly. They did not submit supporting evidence. Maybe they did not even pay the proper fees. It is very important to have an immigration attorney fill out the paperwork, and our immigration attorneys have the experience to do it right the first time.
How Does It Affect My Application If The Sponsor Family Member Falls Out Of Status?
If the family member petitioning for you is a United States citizen, than you do not have to worry, because the citizenship will not be revoked. So that would not be a problem. This question pertains if your family member is a legal permanent resident, and has a green card. If they fall out of status for some reason, then their green card may be revoked by the United States, which could happen. In that
situation, the application can still go forward because the United States Citizenship Immigration Services considered the application at the time of filing. So if at the time of filing with your sponsor, was in status with no problems, the immigration service usually does not cancel your application, but they do have discretion to do so. In rare circumstances, it may be a problem, but it depends on why and what the situation was surrounding the person falling out of status.
Can Someone Go Through This Process Without An Attorney?
While applying for an immigrant visa on your own is possible, our immigration lawyers do not recommend it. The immigration laws change often. The forms change often. If you go to the immigration website, USCIS.gov, and you look at the forms, you will see expiration dates on each single form. They are constantly, constantly updated, and there are new questions every time. The questions
are phrased differently. You really have to keep up with the law, and keep up with the forms A layperson that would try to do this by themselves is not recommended. Immigration applications are a trap for the unweary and it is best to have an attorney with experience prepare the forms. Don’t gamble with your future and your family’s future.
What Sets Our Firm Apart In Handling Family Based Immigration Cases?
Our NYC and Westchester Immigration lawyers have a tremendous amount of experience with these petitions. I myself have over fifteen
years of experience in working with immigration in the family-based preference. Most importantly, our immigration attorneys are very sensitive to our clients’ needs, and we understand where they are coming from. We are a bi-lingual practice, specializing in Spanish speaking attorneys. We have access to interpreters if need be at all times. Many of our clients do not speak English, so we try to bridge that with interpreters in this firm. We also have a good working relationship with many of the immigration officers, and judges in the
tri-state area. That helps if there issues with the applications, or they are referred to immigration court because it is denied. What sets us apart is our commitment, our staff, and the resources we have here in our office.
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.
