A foreign national who is married to a U.S. citizen or lawful permanent resident may apply for lawful permanent residency in the U.S. through the marriage-based (K-3) visa process. This allows a spouse who is living abroad to live and work in the U.S. as a green card holder. Often, a marriage-based visa is the initial step for a spouse to seek U.S. citizenship.
The experienced immigration attorneys at Henry & Grogan in Philadelphia help couples navigate the marriage-based visa process. Although the U.S. does not limit the number of marriage visas it issues each year, mistakes can delay the process unnecessarily and cause emotional angst. We will help you complete the proper forms in order to expedite the process.
If your foreign national spouse is already living in the United States, the petition for a marriage visa should be filed along with an application for adjustment of status. Our family immigration lawyers can assist with both.
The qualifications for a marriage-based visa are straightforward:
One spouse must be a U.S. citizen or lawful permanent resident
The petitioner must be 18 or older and in a bona fide marriage
Neither party can be married to someone else
The petitioner must have a residence in the U.S.
Marriage-Based Visas Are Now Available To Same-Sex Couples
The Supreme Court decision in June 2015 that same-sex couples have the right to marry in all U.S. states has significant implications for spousal-based immigration. Now, a U.S. citizen can petition for a foreign-born same-sex spouse or fiancé(e) who is living abroad to be allowed to live and work permanently in the U.S. It is also important to note that U.S. Citizenship and Immigration Services (USCIS) will recognize marriages as lawful in any state or country where the marriage occurred, including marriages in foreign countries.
Because a large number of marriage-based visa applications are fraudulent, officials from USCIS carefully scrutinize all petitions. We help clients throughout Southeastern Pennsylvania present clean petitions that avoid unnecessary denials or delays.
Get Answers To Your Questions
We invite you to schedule a free consultation with one of our experienced marriage visa attorneys. We can answer your questions and recommend the best steps to take next. Call or use the contact form on this website to schedule a meeting.