The majority of our immigration law firm’s case are immigration through marriage cases. While people on the outside see these as easy simple cases, the reality is that many times these are the toughest cases for many reasons.
With that said, as an experienced Las Vegas Immigration Lawyer, my immigration law firm can help you navigate this process in order to help you and your new spouse have a successful outcome with your marriage visa case.
Marriage Visas Inside the United States For Spouse of United States Citizens
This process to obtain a marriage visa is called ‘adjustment of status’. As an experienced Las Vegas Immigration Lawyer, Robert West can assist you through the U.S. marriage visa process. The most important factor is that the foreign citizen entered the United States legally on a visa that qualifies someone to apply for a marriage visa. Of course, there is an exception to that rule. People that were beneficiaries of an immigrant visa petition on or before April 30, 2001 can apply penalty fee under what is known as the 245i law and process their case in the United States without returning to their home country. Additionally, spouses and children of U.S. Citizens and Permanent Residents who are subjected to physical and mental abuse may apply for a marriage visa and family immigration visa under the Violence Against Women Act. This law will apply victims to apply for adjustment of status and complete the process in the United States even if the applicant entered the United States without permission. During the spouse visa process, a person may obtain a work permit and advance parole travel permit while the case is pending. Sometime between month three and month six of the marriage visa process, United States Citizenship and Immigration Services will interview you and your spouse to ensure the marriage is for love and not immigration papers. If successful, your spouse will granted conditional resident status also known as a marriage green card if you have been married less than two years. In twenty-one to twenty-four months, you and your spouse will need to file a second case to remove conditions on the residency. You may have to endure a second interview at the discretion of the Department of Homeland Security. This process applies only for spouses of United States Citizens. The best way to learn what options are available to you and your spouse is to schedule an initial appointment with Las Vegas Immigration Attorney Robert West.
Removal of Conditions For Spouse of American Citizens
This process can be initiated ninety days before a conditional residence visa or marriage visa expires. There is a joint petition for couples that are currently married and a waiver petition for a divorced person. This process is similar to the initial spouse visa process.
Marriage Visa Inside The United States For Spouses of Lawful Permanent Residents
This immigration spouse visa process is not very common because for a person to qualify for this benefit the applicant under most situations must have entered legally into the United States and maintained lawful status the entire time he or she stayed in the United States. A person who is on a working visa may qualify to do this or a person who qualifies under the 245i law may do this as well. The option may apply to same-sex marriage partners as of June 2013. Again the best way to find out if this option will work for you is contact Las Vegas Immigration Attorney Robert West and schedule an initial appointment to see what spouse visa process is right for you.
Marriage Visa Outside the United States For United States Citizens
This process is a little more complex and difficult and not recommended because it can be very difficult to prove a bonafide marriage when each spouse lives in a different country.
However, if you have children together and or you have been married several years and lived in the same country together, it should be easier to obtain a marriage visa. Spouses of Lawful permanent Residents may be petitioned this way but please keep in mind there is a significant waiting period of up to three years.
This process starts in the United States with the Department of Homeland Security. Once they approve the petition, the case is sent to the National Visa Center which is part of the U.S. State Department. There is some processing at the National Visa Center, then the case is forwarded to the U.S. Embassy or U.S. Consulate outside the U.S. for final processing. If approved, the State Department shall issue an immigrant visa to the applicant. This process is available to a United States Citizen or a Lawful Permanent Resident. Again, there is a much longer wait time for spouses of lawful permanent residents.
In late June 2013, the United States Supreme Court invalidated the Defensive of Marriage Act. The ruling means that same-sex partners now may qualify for U.S. Federal Benefits including Federal Immigration Benefits. Gay marriage and immigration are a reality. Now, our office is prepared to immediately file a marriage cases for same-sex partners. The only requirement is that you marry in a state where same-sex marriage is legal. In California, same-sex marriage is now legal. Once you marry legally, then you can file for immigration in the state where you live regardless of whether same-sex marriage is legal in the state that you live. All of the processes above apply to the United States Citizen and Lawful Permanent Resident Spouses. To learn about your options, please schedule an appointment with Las Vegas Immigration Lawyer Robert West. Immigration through marriage is available to all who qualify now.
Marriage Visa Outside the United States For Spouse Of Lawful Permanent Residents
This process for a spouse visa can take up to three years from the time the petition is filed in the United States until the spouse visa is issued outside the United States. Currently, there is an immigration reform proposal to make the wait time equal to spouse of U.S. Citizens. If this becomes law, we will update this information on the website. We have processed these spouse visas in the Philippines, China, Thailand, Russia, Finland, France, and many other countries. If you would like to discuss a spouse visa, please set up an initial appointment with Las Vegas Immigration Attorney Robert West.
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