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

Fiancé(e)
Visa

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.

STEP 1

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.

STEP 2

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

The Leiva team was very helpful through this entire process. They guided us through every step of our process and answered any and every questions in a timely manner. These processes can be difficult and lengthy, but we felt very comfortable knowing we had Scarlett... read more - Carlos L. - 6/07/2021 

Needed help with my immigration forms and process with USCIS and the team at Leiva Law Firm were absolutely excellent throughout the entire process, from original filing through to interviews. Fast, responsive and professional. Cannot recommend them highly enough. - Luke D. - 6/05/2021 

5 star rating Working with Scarlett and her team made the whole process as smooth and stress free as possible. Both Scarlett and Betty were incredibly knowledgable and extremely responsive to emails. We were applying for a green card through marriage, and we are looking forward to working... read more - Adam C. - 3/11/2021 

5 star rating Great attention, good response times. I had a tight timeline and they met it. Submitted all the paperwork correctly, well reasoned answers to all my questions. 10/10 would hire this firm again. - Guillermo C. - 3/05/2021 

5 star rating PR case: They gave you detailed lists of files that you and your spouse will need. They will provide you estimated timeline of your cases too. Overall, they will reply your questions very fast, so you don't need to worry too much longer. They know... read more - Qijing F. - 3/05/2021 

It was a pleasure to work with Scarlett and her team. Scarlett has helped and guided me during both the process of adjustment of status based on marriage and the process of obtaining a 10 year permanent green card. She is very knowledgeable and really... read more - Rachel A. - 2/22/2021 

5 star rating It was a pleasure to work with Scarlett and her team. Scarlett has helped and guided me during both the process of adjustment of status based on marriage and the process of obtaining a 10 year permanent green card. She is very knowledgeable and really... read more - Rachel A. - 2/21/2021 

5 star rating I've been with this law firm since I started this journey from Conditional Permanent Resident to a 10-year Permanent Resident, to a citizenship approval. I am very happy that everything went really smoothly and I had nothing to worry about but just wait. Now that... read more - H R. - 1/27/2021 

Immigration process is painfully long however Scarlett helped me through all of the steps from Conditional Permanent Resident to a 10-year Permanent Resident. She was easy to work with and quickly responded to any questions I had within the same day or next day. During... read more - Ihsan C. - 12/01/2020 

5 star rating Immigration process is painfully long however Scarlett helped me through all of the steps from Conditional Permanent Resident to a 10-year Permanent Resident. She was easy to work with and quickly responded to any questions I had within the same day or next day. During... read more - Ihsan C. - 11/30/2020