Marriage Visas Attorney in Hackensack, New Jersey

Marriage is a joyful occasion, but the process of applying for a marriage visa can be anything but joyful. If either you or your spouse plans to apply for a U.S. visa, immigration attorney William Quirk in Hackensack, New Jersey, can help. From the initial petition through to the interview, William J. Quirk, Esq., LLC can guide you through the complicated U.S. immigration process.

What Is a Marriage Visa?

A marriage or spouse visa (CR1 or IR1) is an immigrant visa granted to the spouse of a U.S. citizen or lawful permanent resident allowing them to live and work in the U.S. as a lawful permanent resident (LPR). You must apply for this visa through U.S. Citizen and Immigration Services (USCIS). You are eligible for a marriage visa if your spouse is a U.S. citizen or LPR, your spouse is domiciled in the US, your spouse meets certain income requirements (discussed below), and you do not have any criminal history that would make you inadmissible.

How Does It Differ From a Fiancé Visa?

A fiancé visa (or K-1 visa) allows the fiancé of a U.S. citizen to come to the U.S. to get married. Unlike the marriage visa, the K-1 is a nonimmigrant visa that allows the visa holder to travel to the U.S. and marry their U.S.-citizen spouse within 90 days of arrival. A fiancé visa can only be issued to the fiancé of a U.S. citizen, not the spouse of an LPR.

Once you receive the K-1 visa, you must travel to the U.S. within six months and you must marry within 90 days of arrival. Once married, you will apply for a marriage-based green card.

Process of Obtaining a Marriage Visa

The first step in the application for a marriage visa is the filing of a petition by the U.S. citizen spouse (or the “petitioner”) for their noncitizen spouse. You can access Form I-130, Petition for Alien Relative, on the USCIS website. 

Once USCIS has received and approved the petition, the case will be sent to the National Visa Center (NVC). You will pay the appropriate fees to the NVC, after which you will submit several documents, including:

• I-864 (Affidavit of Support): This is a contract that states that the sponsor (who is also the petitioner) will be financially responsible for the intending immigrant. The sponsor must meet certain income requirements. The petitioner/sponsor can also add a joint sponsor if they do not meet these income requirements.  

• Form DS-260: This form requests information on the intending immigrant’s past addresses, family members, and criminal history. 

• Civil Documents: These include the intending immigrant’s birth certificate, marriage certificate, military records, and police certificates from every country you have lived in since age 16. Your attorney will be able to tell you which documents you need. 

• Passport and two 2x2 photographs: Your passport must be valid for six months beyond the date you intend to enter the U.S.  

Once the NVC has approved your documents, you will be able to schedule a visa interview with the U.S. consulate in your home country. Before your interview, you will also make an appointment with an approved physician. The physician will perform a medical exam, make sure you have received the required vaccinations, and send the medical forms to the NVC prior to your interview. 

If your interview is successful, you will receive your visa in a sealed envelope, which you’ll present to a U.S. Customs and Border Patrol agent upon arrival in the U.S. Your visa will be stamped and your green card will be mailed to you a few weeks later. If you were married for less than two years, you’ll receive a CR1 (conditional resident) green card, which you must renew after two years. If you have been married for two years or more, you will receive an IR1 (immediate relative) green card, which lasts for 10 years, during which time you can apply for U.S. citizenship. 

Start the Process With a Trusted Attorney

An immigration attorney can ensure that your marriage visa application is filed correctly and on time. When you work with William Quirk, you’ll enjoy peace of mind knowing that your documents are in order, you’ll communicate effectively with USCIS and the NVC, and you’ll receive invaluable guidance and support should issues arise.