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 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
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
What Our Clients Say
What can I say about Scarlett and her team that others haven't? I think we can all agree that they give exceptional customer service from start to end! They were extremely helpful in helping us go through all the paperwork, telling us exactly what we... read more - Mario P. - 6/11/2019
Very professional and returned call promptly. Answered all your questions and guides you through ebery step. We had a wonderful experienced from beginning to end. The interview went incredibly well and scarlett is so sweet of a lawyer. Elyse is very respectful and friendly.Thank you... read more - Panda B. - 6/11/2019
Finding this law firm was my lucky charm!! My Husband and I have no words to express our gratitude to Scarlett and her team. We would certainly use Leiva Law firm again and highly recommend The Law Firm to anyone with immigration concerns. I'm... read more - Adriana V. - 6/09/2019
Scarlett and her team not only guided my wife and I as we pursued her permanent residency, they gracefully navigated what has become very turbulent political waters, nurtured and reassured us through the long and anxious waiting period and even provided an incredibly powerful letter... read more - Ben D. - 6/03/2019
Scarlett and her team have done an impeccable job in helping me acquire my green card. unlike the prior attorney who was handling my case, the Leiva team sincerely cared about helping me and kept me well informed of status of my interview. they... read more - Viviane L. - 5/30/2019
Scarlett and her team helped me with the naturalization process end-to-end, from the application to the interview and ceremony. She's super knowledgeable, down to the most nuanced details (after all, every case is a bit different), very responsive to emails and calls, and above all... read more - Oded P. - 4/26/2019
Hi I had great experiance and highly recommend Leiva firm office .They are the guru in immigration law. Thank you to everyone part of the team .They did great job helping me with my i751 and RFI ms Scarlett Leiva was very... read more - petar m. - 4/24/2019
Working with Scarlett was the best decision we made for our immigration application. She was extremely informative, detail-oriented, and above all exceedingly pleasant to work with. She responded very quickly to any emails and concerns. She also attended our immigration interview, and was super on... read more - Shrif N. - 4/23/2019
Hi I had great experiance and highly recommend Leiva firm office .They are the guru in immigration law. Thank you to everyone part of the team .They did great job helping me with my i751 and RFI ms Scarlett Leiva was very knowledgeable patient and... read more - Petar M. - 4/23/2019
Working with Scarlett was the best decision we made for our immigration application. She was extremely informative, detail-oriented, and above all exceedingly pleasant to work with. She responded very quickly to any emails and concerns. She also attended our immigration interview, and was super on... read more - Shrif N. - 4/22/2019