When a United States citizen or Lawful Permanent Resident wants to bring a relative to the United States, there are very specific processes for them to follow. Fiancées and married couples can use the K visa process to bring their spouse or fiancée to the United States through processing at the United States Embassy. If you are considering petitioning for a fiancée or getting married first, please contact us to learn about the difference between the two processes, and how we can help. Jonathan has successfully assisted families through this process, including responding to complicated requests for evidence, notices of intent to deny, reversing denials, and assisting with the next steps in obtaining permanent residence (green cards) once they arrive.
When a citizen marries a foreign national inside the United States, the process for helping them obtain their green card is relatively straight-forward, provided the foreign national spouse entered the country with a visa (even if they have overstayed that visa by any period of time, as long as they have not subsequently left). Some specific considerations are whether the citizen spouse makes enough money to sponsor the foreign national, and if not whether the family has sufficient income, or a joint sponsor can be obtained. Thanks to a recent Supreme Court ruling, and subsequent Department of Homeland Security announcement, same sex couples who are legally married can now petition for their foreign-born spouses. Jonathan has significant experience in this process, including the situation where the foreign national has been placed in removal (deportation) proceedings before an immigration judge. Any criminal activity has the potential to complicate this process, as well as traveling outside the United States if you have been “unlawfully present” for more than 180 days. Unlawful presence includes the situation where you have entered the United States without authorization or overstayed a visa (except in some circumstances for student visas, or other visas where you were admitted for “duration of status”, or D/S). For more details, please contact us for a consultation.
Jonathan has spoken at national conferences, as well as having published articles and co-authoring a book chapter on marriage-based interviews before CIS (formerly INS). This national recognition has been earned through attending hundreds of interviews, and researching and litigating the statutes, regulations, rules, and guidelines concerning the act of becoming a permanent resident in the United States based on marriage to a citizen.
After scheduling a consultation, please bring with you originals or copies of: passports, birth certifications, marriage certificates, divorce decrees, and employment verification (paystubs or a letter from employer) and last year’s federal income tax return and W-2 forms for sponsor. You will also need a list of everywhere the US citizen and foreign spouse have resided or worked in the last five years. Please contact us today for a consultation, and we will provide you with further information.