Marriage Visas
For couples who are married or planning to marry a U.S. citizen or lawful permanent resident, the Marriage Visa offers a pathway to bringing your spouse to the United States.
Whether you’re seeking to join your spouse in the U.S. or bring your spouse to live with you, Immigration Spurgin can help you navigate the complexities of the marriage-based visa process.
Led by Stephen Spurgin, an immigration attorney with over 40 years of experience, our firm is committed to providing compassionate, knowledgeable, and effective legal representation to ensure that you and your spouse can be reunited as quickly and smoothly as possible.
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What is a Marriage Visa?
A Marriage Visa is a visa that allows the foreign national spouse of a U.S. citizen or lawful permanent resident to enter the U.S. and live together.
There are two primary types of marriage visas:
- CR-1 Visa (Conditional Resident Visa): This is for married couples where the marriage has been less than two years old at the time of approval. The foreign spouse receives a conditional Green Card that is valid for two years. After that, the couple must apply to remove the conditions and obtain a permanent Green Card.
- IR-1 Visa (Immediate Relative Visa): This is for married couples where the marriage has been more than two years old. The foreign spouse receives a permanent Green Card, which is valid for 10 years.
The process can vary based on whether you’re applying for an immigrant visa (for those outside the U.S.) or Adjustment of Status (for those already inside the U.S.).
Eligibility Requirements for a Marriage Visa
In order to qualify for a Marriage Visa, certain eligibility requirements must be met. These include:
U.S. Citizen or Permanent Resident Sponsor: The sponsor must either be a U.S. citizen or a lawful permanent resident. U.S. citizens have the advantage of faster processing times for their spouses’ visa applications.
Genuine Marriage: You must be able to prove that the marriage is bona fide (genuine). This means the marriage cannot be entered into solely for the purpose of obtaining a visa. You will need to provide supporting evidence, such as photos, joint financial records, and statements regarding your relationship.
Marriage Duration: For a CR-1 visa, the marriage must be less than two years old at the time of application approval. For an IR-1 visa, the marriage must be over two years old.
Financial Support: The U.S. citizen or lawful permanent resident spouse must meet certain income requirements to prove they can financially support the foreign spouse and prevent them from becoming a public charge. This is typically done through the submission of a Form I-864 (Affidavit of Support).
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Steps to Obtain a Marriage Visa
The process of obtaining a Marriage Visa can be lengthy and complex. However, with the help of Immigration Spurgin, you can navigate this process with ease. Below are the general steps involved:
1. File a Petition
The U.S. citizen or lawful permanent resident spouse must file a Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS).
This petition proves the relationship and starts the process of bringing the spouse to the U.S.
Supporting Documents: Along with the petition, you must submit evidence proving your relationship, such as marriage certificates, joint tax returns, photos, communication logs, and more.
2. Wait for Petition Approval
Once the I-130 petition is submitted, USCIS will process the petition and notify you of the approval or denial. If approved, the case is forwarded to the National Visa Center (NVC) for further processing.
3. Consular Processing or Adjustment of Status
Consular Processing: If the foreign spouse is outside the U.S., the case will be processed at the U.S. embassy or consulate in their home country. The foreign spouse will need to attend a visa interview and provide the required documentation.
Adjustment of Status: If the foreign spouse is already in the U.S. on another visa, they may be eligible to apply for Adjustment of Status through Form I-485 (Application to Adjust Status). This allows them to apply for a Green Card without having to leave the U.S.
4. Visa Interview and Approval
The foreign spouse will attend an interview with a U.S. consular officer (for those applying outside the U.S.) or a USCIS officer (for those applying within the U.S.). During the interview, they will be asked questions about their relationship to ensure that it is genuine.
If the interview goes well and all documents are in order, the visa will be approved.
5. Green Card Issuance
- Once approved, the foreign spouse will either receive a Conditional Green Card (CR-1) if the marriage is less than two years old, or a Permanent Green Card (IR-1) if the marriage is more than two years old.
- If the marriage is less than two years old, the spouse will receive a conditional Green Card, which is valid for two years. To remove the conditions, the couple will need to apply for the removal of conditions within the 90-day period before the card expires.
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Why Choose Immigration Spurgin for Your Marriage Visa Case?
At Immigration Spurgin, we take the stress out of the Marriage Visa process by providing expert legal representation every step of the way.
Here’s why we’re trusted by clients nationwide:
- 40+ Years of Experience: With decades of experience, Stephen Spurgin and his team understand the intricacies of the marriage visa process and can guide you through every detail.
- Personalized Service: We treat each case with care and attention, providing tailored legal strategies based on your unique circumstances.
- Bilingual Services: We offer services in English and Spanish to ensure effective communication for all clients.
- Compassionate Legal Support: We know that family reunification is emotionally important, and we work tirelessly to ensure that you and your spouse can be together in the U.S. as quickly as possible.
Start Your Marriage Visa Process Today
If you are ready to bring your spouse to the United States and begin your life together, Immigration Spurgin is here to help.
Our experienced team will guide you through the marriage visa process with professionalism and care.
Call 915-779-2800 or contact us online to schedule a consultation and take the next step in reuniting with your spouse.
