Marriage Based Green Card & Fiancé(e) Visas

Marriage Based Green Card & K-1 Fiancé(e) Visa

Free Consultation for Adjustment of Status Marriage Visa & K-1 Fiance(e) Visa

The San Francisco Bay Area is a melting pot of cultures from immigrants all over the world. Many people come to work in one of the many vibrant industries here and end up meeting their future husband or wife. When that happens, we can help answer questions like "What happens next with marriage based green cards, or k-1 Fiancé(e) Visa applications?" We are experts in the area of Marriage Based Immigration and have helped hundreds of clients attain their goal of Immigration to the United States through a marriage based green card and fiancé visa.

Marriage Based
Green Card

Marriage to U.S. Citizen

Our office specializes in Marriage to U.S. Citizen Green Card cases. Spouses of US citizens are classified as immediate relatives and can file for their family members (including children under 21, and parents) and are not subject to the Department of State Visa Bulletin, shortening the length of the processing time. Our office has represented hundreds of foreign nationals before US Citizenship & Immigration Services and the Department of State with successful results.

If Your Spouse is In the U.S.

If your spouse is in the U.S. then they may be eligible to apply for legal permanent residency in the U.S. without having to travel abroad for an interview in their home country. They may also apply for work authorization and permission to travel abroad if needed while they await their notice of interview at the local U.S. Citizenship & Immigration Services (USCIS) office.

The work permit and travel permit are usually issued within a few of months. The green card process normally takes longer. Call our office for current processing times of marriage green card applications filed in the U.S.

In any case, the foreign-born spouse is permitted to live, work, and study in the United States while the application is pending.

If Your Spouse is Outside the U.S.

If a U.S. citizen marries a foreign national outside of the United States, the foreign-born spouse must usually wait outside the United States for the immigrant visa to be approved. Procedurally, this petition process also includes presentation of documents and an interview at the U.S. Embassy or consulate in the country where the foreign-born spouse resides, before an immigrant visa is granted. Usually, immigration processing time through the consulate is longer than in many local USCIS offices.

Conditional Residency & I-751 Removal of Conditions

If the marriage is less than two-years-old before permanent residency is approved, USCIS will issue conditional residency valid for two years. Conditional residency can be removed within 90 days of the expiration of the green card and must be petitioned for jointly by both spouses. Failure to remove the conditional residency in time places the foreign-born spouse out of status and subjects him or her to deportation proceedings. Our office has over 20 years experience representing couples in filing I-751 petitions to remove conditional residency requirements from their green card.

If the marriage has dissolved for reasons of death of the citizen spouse, spousal abuse, or divorce, the foreign-born spouse may request to have the joint petition requirement waived. Our office is experienced in obtaining waivers of the joint petition requirement. Most individually filed I-751 Petitions to Remove Conditional Residency will require an interview at the local USCIS office with jurisdiction over your case.

Free Consultation for Adjustment of Status Marriage Visa & K-1 Fiancé(e) Visas

Contact Us For a Free Consultation on obtaining a Marriage Visa Through Adjustment of Status


Understanding The Process

At Leiva Law Firm we assist clients through the process of applying for a K-1 Fiancé(e) visa. We have represented clients from all over the world in the K-1 Visa Process and have successfully obtained fiancé visa approvals from the U.S. Consulates in Ireland, France, Germany, Mexico, Iran, Taiwan, Dominican Republic, and Turkey to name a few.

K-1 Fiancé(e) Visa for Same-Sex Couples

Additionally, we have represented many same-sex couples through the Fiancé Visa process and are familiar with the cultural difficulties present for some couples depending on the country the Fiancé(e) is applying from.

We understand this is a complicated and strenuous process for the couple and work hard to make it run as smoothly as possible for you.

Am I Eligible?

To be eligible for a Fiancé(e) visa, the law requires that you:

  • Intend to marry a U.S. citizen,
  • Have met your intended spouse in person within the last two years (though this can be waived based on cultural customs or extreme hardship), and
  • Are legally able to marry.


We will first apply for the K-1 Fiancé(e) visa with USCIS, which takes approximately 4-6 months to be approved. Your application will then be forwarded to the Consulate or Embassy where they will go through Consular Processing and prepare for your Fiancé(e)'s interview. This Fiancé(e) visa will allow your partner to enter the U.S. in order to get married. Once your fiancé is in the country, you will have 90 days to get married after their arrival. Once you are married, we will proceed with the green card application.


After your wedding, your Fiancé(e) can apply to adjust status from a K-1 Visa holder to a Permanent Resident (green card holder). That process takes 6-8 months, and your partner can remain in the United States while the case is being completed, they will also receive work authorization and a travel permit while the case is pending.

An attorney at Leiva Law Firm will prepare you for and attend the immigration office interview in the U.S. with you.

Free Consultation for Adjustment of Status Marriage Visa & K-1 Fiancé(e) Visas

Contact Us For a Free Consultation on Obtaining a K-1 Fiancé(e) Visa

What Our Clients Say

Client Reviews

They were recommended by a family member. I keep going back to them whenever I need help with my immigration paperwork. They are straightforward and get the job done. - Emperatriz L. - 5/04/2020 

5 star rating Find love outside of the US? Congratulations. The Red-Tape of the Government's Immigration laws got you down? Not to fear, Scarlett is here. My wife and I were scared. So much paperwork. So much at stake. We started researching immigration lawyer options. ... read more - Tim P. - 4/23/2020 

5 star rating Working with Scarlett and Betty was amazing! It was a smooth and quick process with no complications. They made sure to go over everything and let you know what to expect before the interview. The team is professional and knowledgeable and good at keeping us... read more - Maisie L. - 3/31/2020 

5 star rating Leiva Law Firm has been absolutely amazing in helping my husband and I during our application process. They are affordable, honest and extremely professional. Scarlett attended our interview with us and was the lawyer working our case. She was a fantastic lawyer and confidante and... read more - Jerusha K. - 3/30/2020 

5 star rating The green card process can be quite stressful and mine wasn't an exception. USPS lost my combo card when I most needed it, and when I reached out to the district governor and called multiple contacts who I think might help locate/escalate this case, no... read more - April L. - 3/27/2020 

5 star rating Scarlett and her team were instrumental in taking my wife and I through the process of obtaining her permanent residence through an adjustment of status. They took care of everything we needed, and relieved us of the stress of having to navigate the process alone.... read more - Justin H. - 3/20/2020 

I'm a native Californian and my wife a Guyanese citizen, we tried the process ourselves, but the ordeal left us frustrated. We decided to give Leiva Law Firm a call, and they took over. Scarlett, Elyse and the team are very professional and told us... read more - Sorush G. - 3/16/2020 

5 star rating We decided to move with Leiva law firm after a phone consult with Scarlett and received our paperwork through an online portal shortly after (the delivery of it was very well organized and accessible) Over the course of the next year as we gathered... read more - Elizabeth A. - 2/13/2020 

5 star rating If you are looking for a highly efficient and professional team who will provide you guidance for your Naturalization process, look no further. Attorney Leiva and her team had given me proper guidance, understanding and compassion all throughout my application...Thank you so much!!! - Anja D. - 1/22/2020 

Leiva Law Firm has done an excellent job for our naturalization case. The highlights are:
1. They really understand the whole process and are able to handle more complicated cases.
2. Very reasonable price.
3. Easy communication and prompt responses.
4. Before the final interview, they will go...
read more - Ye T. - 1/15/2020