Union City Marriage Visa Lawyer
Obtaining a marriage visa for your spouse to begin your life together in the United States can be incredibly stressful. The United States requires countless forms to be filled out precisely the right way under the threat of starting the process over or flat denial. When your life together in the United States may hang in the balance, you need an experienced Union City marriage visa lawyer to help you navigate the immigration system’s complexities.
The United States immigration process is constantly changing, making it difficult to effectively maneuver if it’s not your full-time job. Thankfully, our experienced New Jersey immigration attorney from Lloyd E Bennet Esq., P.C. is here to help. Our team has decades of experience in immigration law and can help you navigate the process and begin your life together in the United States.
Union City Marriage Visas
When we talk about marriage visas, we often refer to an immigrant visa for the spouse of a United States citizen or a Lawful Permanent Resident (LPR). A marriage visa allows the spouse of a US citizen or LPR to enter the country legally, continue to seek LPR status, and obtain their Green Card. Unlike a K-1 visa, a marriage visa is seen as one meant for immigration to the United States with your spouse. A defining characteristic of a marriage visa compared to a K-1 or Fiancé visa is that you must already have proof of legal marriage before completing the I-30 Petition for Alien Relative.
Following your marriage, the US-resident spouse will return to the United States and file a petition on behalf of the foreign spouse. When this is successfully filed, the United States Citizenship and Immigration Services (USCIS) will send it to your partner’s local embassy to schedule an interview. When the interview and security clearances have been processed, your spouse will be notified and given a Green Card, allowing them to legally enter and remain in the United States.
This is a very document-heavy and detail-oriented process. The required forms and questions asked in your immigration case can seem simple but may have decades of case law associated with them. The stakes are high in the process, and it is crucial for you to have educated and experienced support to answer your questions accurately and help you comply with the strict requirements.
Expedited Paths
The wait time for a Green Card can be extensive, sometimes lasting longer than a year. Most couples and families want to minimize their time apart from each other, and you may be able to accomplish this. An experienced Union City visa marriage attorney can discuss other possible K visa options that may be appropriate for your family.
Why Do You Need an Immigration Attorney?
Immigration law can be incredibly complex. The paperwork and procedure to successfully petition for a Green Card or marriage visa seem to change constantly, making it difficult to maneuver the immigration system appropriately. Some of the most common reasons the United States Citizenship and Immigration Services (USCIS) will deny your visa are avoidable. These include errors such as:
- Incorrect forms
- Missing translations
- Incomplete information
- Missed deadlines
- Poor interview
Additional factors that may affect the approval of your visa include previous denials or marriage in a country that may not recognize the marriage, such as same-sex or interfaith marriages. Certain medical conditions may also make you ineligible for a Green Card in the United States. Working with an experienced visa lawyer in Union City, New Jersey can help you prepare for and hopefully avoid any of the common errors that result in a denial.
The Benefits of Working With a Marriage Visa Attorney
The high stakes of a marriage visa or Green Card application can be a significant source of stress for anyone. Even if your marriage is legally valid and the relationship is genuine, depending on a government agency to determine this and start your life with your spouse can make you lose sleep. When you work with a marriage visa attorney, you have a concentrated point for all files and communication. Further, Lloyd E Bennett Esq. P.C. will provide you access to an online portal to upload all of your documents and track the progress of your case.
To minimize the guesswork and reduce your stress in the process, we will provide an individually tailored checklist of the documents you need. When you upload them to our immigration portal, we will review them and send them to the USCIS for processing. If the agency requires any supporting documentation, they will send the request for evidence to us, and we will notify you, relieving you of the burden of constantly worrying if you missed it.
Additionally, you can use your access to our portal to monitor the progress of your case. The average duration of the process can take 9-11 months, depending on the embassy. Working with an immigration attorney can reduce needless delays and set the foundation for a faster processing time. When you work with us, we will endeavor to add you to our growing list of happy clients and reunited families.
Marriage Visa Eligibility
The primary condition of receiving a marriage visa is that you can provide proof of a legitimate and legal marriage. Common law marriage may qualify depending on the laws of the immigrating spouse’s country. However, additional requirements of eligibility to obtain LPR status through a marriage visa include:
- Lawfully entered the country and has been ‘inspected and admitted’ or ‘inspected and paroled’
- File adjustment of status application
- Must be physically present in the United States
- Must not have committed major crimes
- Proof of financial support
- Proof that any prior marriages have been legally dissolved or terminated
A large part of completing the I-30 to obtain a marriage visa includes providing supporting evidence for the legitimacy of the marriage beyond just the legal certificate. Examples could be photos together, proof of a joint bank account, joint lease, or other documents showing a communal life.
Required Documentation
It is no secret that the immigration process is paperwork-heavy, and every detail matters. Sometimes, you may need to upload the original and translated versions of the documents. The documents you can expect to upload into the immigration portal at Lloyd E Bennett Esq. P.C. include:
- Birth Certificate
- Marriage Certificate
- Divorce Decree or Death Certificate from previous marriages
- Police Certificates
- Medical examination records from an embassy-approved or panel physician
- Evidence of financial support or affidavit of support
- Two photographs
- Evidence of the relationship
The specific documents provided for divorce decrees, death certificates, or evidence of the relationship may vary depending on each party’s specific relationship history. However, you should be prepared to provide them if immigration determines they are relevant. If you have difficulty obtaining original or certified copies of your records, USICS may accept alternative forms of support with evidence that you cannot provide the original. Your attorney can help you determine when this may be appropriate.
The Green Card Interview
If all goes well, the interview is one of the last steps in the marriage visa process for a Green Card. If the interviewer has concerns or follow-up questions, they may request additional evidence, supporting documents, or a second interview. The interview aims to ensure the marriage is legitimate and the relationship is genuine. The interview to obtain an IR1 or CR1 visa is structured to identify inconsistencies in your narrative and indicators that the marriage may be more oriented to immigration benefits. Some of the questions you may expect to answer in your interview can include:
- Tell me about the proposal and wedding
- What are your plans with your spouse when you immigrate
- What are the small things you love the most about your spouse
- What kind of pet peeves do you have when it comes to your spouse
It is important to bring any supporting documentation to your interview. This may be pictures or videos, receipts from trips, or anything else that can support your narrative and the authenticity of the marriage. It can be beneficial to take time before the interview to reflect on your relationship and wedding day to have those memories more readily available for the interview. Additionally, it can help your situation to come prepared with all of your documents organized and easily accessible if the interviewer requests them.
Interview Support
In some situations, a Union City marriage visa attorney may be able to provide support during your interview. This is not the standard practice, but some people benefit from the support if they have a more complex case with prior denials or other complicating factors. If you are concerned about your interview, you can speak with your attorney to clarify any questions or concerns during your interview preparations.
Green Card Status
The need for an immigration attorney does not necessarily end when you acquire your initial Green Card. If you have been married for less than two years when you apply, you will receive a CR-1 Green Card that is conditional and expires after two years. After two years, you can apply to have the conditions removed and receive a more permanent IR-1 visa, which lasts for 10 years.
You must petition to change the status of your CR1 Visa or two-year Green Card at least 90 days prior to the expiration. The process to remove the conditions from your CR1 Visa is similar to your initial process in that you must apply, submit the appropriate documents, and, in some cases, participate in an interview. However, meeting the deadline for filing within 90 days prior to expiration is crucial. Failure to apply within the time frame can result in immediate termination of your conditional permanent resident status.
Due to the complexity and specificity of the process, working with an immigration lawyer to help manage the requirements and deadlines can be invaluable. Failure to properly renew your visa can result in significant additional expense and stress. Many people are concerned about the cost of a lawyer. Still, when you consider the cost of reapplying and filing and the costs associated with potentially leaving the country, an experienced attorney is invaluable. At the same time, you rectify issues and the emotional cost of separation from your family, an experienced attorney is invaluable.
What if my visa application is denied?
If you receive a denial for your visa application, you may have options to appeal the process. This is most effective with the help of an experienced immigration attorney. Bringing in a lawyer from the beginning is the easiest way to avoid or navigate a denial, but The Law Offices of Lloyd E Bennet Esq. may be able to intervene on your behalf for an appeal to secure a positive case result.
Delayed Documentation
As you gather your documentation, consider how long each form will take to receive. It is best practice to get these in order as soon as possible, and the checklist we provide can help with that. However, your application may be delayed or denied if you fail to obtain the required documentation by your interview. Documents such as police certificates and medical records may take longer than expected.
You should also consider the time it will take to order and receive any other official documentation, such as birth certificates, marriage licenses, divorce decrees, or death certificates. Our marriage visa lawyers can help you plan for these delays and adjust your application accordingly. Failing to provide all necessary paperwork can cause the USIC to deny your application, making it more complicated to reapply successfully.
Call a Union City Marriage Visa Attorney Today
Unfortunately, the immigration process can be so convoluted. It appears simple, if not labor-intensive, which can be the downfall for many individuals trying to reunite their families. As simple as the process seems, it is very specific, and any missed detail may result in significant delays or denials. Additionally, with immigration reform as such a hot topic, many more changes may be coming that can affect your condition Green Card and marriage visa.
Whether you are just starting the immigration process or have faced hurdles along the way, The Law Offices of Lloyd E. Bennett are equipped to handle immigration cases of all kinds. You can contact us via a web form online or by phone to schedule a case consultation and discuss your options. Everyone deserves permanency, and our experienced Union City marriage visa attorney will fight for your rights to unify your family in the United States.
