Marriage Visa Lawyer | Is It Worth the Cost?
A marriage visa is a form of immigration permit granted to non-U.S. citizens who are legally wed to a U.S. citizen. Legal counsel can aid in navigating the application process, including documentation and eligibility criteria. Applicants must provide valid evidence of marriage, meet specified qualifications, and possess a clear criminal record. 13 min read
Are you planning on getting married to a U.S. citizen and looking to apply for a marriage visa? Or are you already legally married to a U.S. citizen and need assistance with the green card process? A spouse visa lawyer can help navigate the complex immigration process and ensure a smooth and successful application.
This article will cover everything you need to know about spouse visas, including eligibility, types of visas available, marriage green card timelines, and the required civil documents for a marriage green card. We will also answer some frequently asked questions about the process.
What Is a Marriage Visa?
A green card through marriage, also known as a spouse visa, is a type of visa granted to individuals who are married to a U.S. citizen and are seeking to immigrate to the United States based on their marriage. A marriage visa lawyer can assist individuals with the application process and guide the required documents and eligibility requirements.
For an individual to get a marriage visa, they must be able to provide proof of their marriage to a U.S. citizen. This may include a marriage certificate, photographs of the couple, and other documents that demonstrate the validity of the marriage. In addition, individuals must meet specific eligibility requirements, such as being in good health and not having a criminal record.
There are two types of marriage visas: the CR-1 visa and the IR-1 visa. The CR-1 visa is for couples married for less than two years, while the IR-1 visa is for couples married for more than two years.
Both types of visas allow the spouse of a U.S. citizen to live and work in the United States, but the CR-1 visa is a temporary visa that the recipient must convert to a permanent green card after two years. The IR-1 visa, on the other hand, is a permanent visa that allows the individual to indefinitely become a lawful permanent resident.
Obtaining a marriage visa can be a complex process, and it is vital to work with experienced immigration attorneys to ensure the application is complete and accurate.
A marriage visa lawyer can also assist with the green card process, which involves submitting an I-130 petition and undergoing a visa interview with the U.S. Citizenship and Immigration Services (USCIS). The lawyer can offer legal services and assist in gathering documents, such as proof of marriage and citizenship status. See our guide about green card marriage interview questions.
In addition to a marriage visa, an individual may also be eligible for a green card through marriage, which allows them to become a legal permanent resident. A green card through marriage can also lead to citizenship by marriage, allowing individuals to become naturalized U.S. citizens. A marriage visa lawyer can assist with the green card process and advise on the best course for obtaining citizenship and getting the same rights as permanent residents.
It is important to note that obtaining a marriage visa or green card through marriage can vary based on the individual's specific circumstances. For example, individuals currently in the country legally on a work visa, such as an H1B visa, may be able to apply for a green card through marriage without leaving the country. Immigration lawyers can help you understand your options and complete any necessary paperwork. The cost of a marriage visa or green card through marriage can vary based on the specific circumstances of each individual, and it is vital to work with an experienced attorney who understands these complexities.
How a Marriage Visa Lawyer Can Help You
Hiring a spouse visa lawyer can significantly increase your chances of success. A spouse visa lawyer is a specialized immigration lawyer with experience assisting individuals with the marriage visa and green card process. They can guide the necessary documents, represent you during the green card interview, and advise on the best course of action for your specific situation.
A lawyer can help you understand the complex immigration process, guide you through the steps involved and provide clear direction on the documents required. They can also assist with the I-130 petition process and the green card interview, ensuring that the application is complete and accurate.
A spouse visa lawyer can also help prepare you for your green card interview. This is a nerve-racking experience for many people, so having someone in your corner who knows the ropes can be very helpful!
They will also guide you on other immigration matters, such as obtaining citizenship by marriage or applying for a work visa.
The cost of hiring a spouse visa lawyer can vary based on the specific circumstances of your case. Research and compare lawyers to find one that fits within your budget and whose approach will suit your needs.
Eligibility: Who Qualifies for a Marriage Visa?
To be eligible for a marriage visa, individuals must meet specific criteria set by the U.S. Citizenship and Immigration Services (USCIS). The main requirement is that the individual must be married to a U.S. citizen and be able to provide proof of the marriage. This may include a marriage certificate or other proof of marriage.
Individuals must also meet specific eligibility requirements to qualify for a marriage visa. These requirements may include the following:
- Being in Good Health
Individuals must undergo a medical examination to ensure that they do not have any communicable diseases or health conditions that could threaten public health.
- Having a Clean Criminal Record
Individuals must not have any criminal convictions or outstanding warrants that would make them ineligible for a visa.
- Meeting Financial Requirements
Individuals must demonstrate that they have sufficient financial resources to support themselves and any dependents in the United States.
- Having a Valid Passport
Individuals must have a valid passport from their home country to be eligible for a marriage visa.
- Meeting Other Requirements
There may be additional requirements that individuals must meet based on their specific circumstances, such as having a valid work visa or meeting age requirements.
It is important to note that the eligibility requirements for a marriage visa may vary based on the individual's specific circumstances. A spouse visa lawyer or immigration lawyer can guide you on what's needed and assist with the application process.
Apart from meeting the eligibility requirements, individuals must also go through the necessary steps to apply for a marriage visa. This may include filing an I-130 petition, undergoing a medical examination, and attending a green card interview.
Working with an experienced immigration attorney can significantly increase your chances of a successful marriage visa application. With their understanding of immigration law, they can help you navigate the complex immigration process and achieve your goals of living and working in the United States with your spouse.
Types of Marriage Visa: CR-1 vs IR-1
There are two types of marriage visas available to individuals seeking to immigrate to the United States based on their marriage to a U.S. citizen: the CR-1 visa and the IR-1 visa.
CR-1 Visa: Married for Less Than Two Years
The CR-1 visa, also known as a conditional resident visa, is for individuals married to a U.S. citizen for less than two years. This temporary visa allows the spouse of a U.S. citizen to live and work in the United States for two years. After two years, the individual must apply to have the conditions on their visa removed and convert it to a permanent green card.
To be eligible for a CR-1 visa, individuals must meet the exact eligibility requirements for a regular marriage visa. Individuals must provide proof of the marriage, such as a marriage certificate and photographs of the couple.
The process for obtaining a CR-1 visa involves the following:
- Filing an I-130 petition
- Undergoing a medical examination
- Attending a green card interview
A spouse visa lawyer or immigration lawyer can assist with these steps and guide the required documents.
IR-1 Visa: Married for More Than Two Years
The IR-1 visa, also known as an immediate relative visa, is for individuals who have been married to a U.S. citizen for more than two years.
This permanent visa grants a U.S. citizen's spouse permanent residence and the ability to work in the United States for ten years before renewing their green card.
Unlike the CR-1 visa, the IR-1 visa does not have a two-year expiration date and does not require the individual to apply to have the conditions removed.
To be eligible for an IR-1 visa, individuals must meet the exact eligibility requirements of a CR-1 visa. Individuals must also provide proof of the marriage, such as a marriage certificate and photographs of the couple.
The process for obtaining an IR-1 visa is similar to that of a CR-1 visa, involving filing an I-130 petition, a medical examination, and a green card interview.
Working with a qualified spouse visa lawyer or immigration lawyer can significantly increase your chances of success.
Marriage Visa Timelines
The timeline for obtaining a marriage visa can vary based on several factors, including the type of visa being applied for, the location of the applicant, and the workload of the U.S. Citizenship and Immigration Services (USCIS).
In estimate:
- The processing time for an I-130 petition can take anywhere from six months to a year.
- The waiting time to schedule a green card interview is six months or less, depending on where you live and the current workload of USCIS.
- The green card interview itself takes between 15 and 20 minutes. After the interview, it's another 120 days until USCIS decides on your case. If you're applying for an adjustment of status based on marriage to a U.S. citizen, then the timeline varies depending on where you live.
After the green card interview, the final step is for the applicant to receive approval for the visa. If the applicant is approved, they will receive a visa stamp in their passport and can travel to the United States to live and work with their spouse. If the application fails, they may be able to appeal the decision or reapply for the visa later.
A marriage immigration lawyer can guide the expected timeline and assist with the application process. Working with a qualified lawyer ensures the process goes smoothly and helps you achieve your goals of settling in the United States with your spouse.
Marriage Green Card Process
The process for obtaining a marriage green card, also known as a spousal visa, involves several steps and can be complex. Working with a qualified immigration marriage lawyer can help you understand the steps involved and ensure that your application is successful.
Step 1 - File an I-130, Petition for Alien Relative
The first step in obtaining a marriage green card is filing an I-130 petition with the U.S. Citizenship and Immigration Services (USCIS). This petition must be filed by the U.S. citizen spouse and is used to establish the relationship between the couple.
There are two options for filing an I-130 petition, depending on the location of the beneficiary (the spouse seeking a green card):
The Beneficiary Is in the United States
If the beneficiary is in the United States with a nonimmigrant visa, they may be eligible to file for a green card through an "adjustment of status." This process allows the beneficiary to apply for a green card without leaving the United States.
The Beneficiary Is Outside the United States
If the non-citizen spouse is outside the United States, they must go through consular processing to obtain their green card. This involves getting an immigrant visa through the U.S. embassy or consulate in their home country.
Step 2 - Medical Examination
After the approval of the I-130 petition, the next step is to undergo a medical examination. This examination is required to ensure that the beneficiary is in good health and has no communicable diseases or health conditions that could threaten public health. A doctor designated by the U.S. embassy or consulate where the beneficiary will take the interview is the one that completes the medical examination.
Step 3 - Marriage-Based Green Card Interview
After the I-130 petition has been approved and the medical examination is complete, the non-citizen spouse has to schedule a green card interview at their local USCIS office. During the interview, the immigration officer will ask the couple about their relationship. It will need to provide proof of the marriage, such as a marriage certificate and photographs of the couple. The beneficiary will also need to provide proof of their identity and immigration status.
Questions
Some common questions that the officer may ask during the green card interview include:
- How did you meet your spouse?
- How long have you been married?
- Do you have any children together?
- Where do you live?
- Do you share any joint financial accounts?
- What are your spouse's hobbies and interests?
Step 4 - Spouse Visa Approval
Once the green card interview is complete, the couple will be notified of the decision by the USCIS. If the application is approved, the foreign spouse will receive a conditional green card for two years.
Conditional Green Card & Petition to Remove Conditions (I-751)
After two years, the couple will need to file a petition to remove the conditions on the green card, known as an I-751. This petition must be filed within 90 days of the expiration of the conditional green card.
The beneficiary will need to provide evidence that the marriage is genuine and ongoing and may need to attend a second green card interview to review this evidence. If the petition to remove the conditions is approved, the beneficiary will receive a permanent green card valid for ten years.
If the beneficiary receives an IR-1 visa (for individuals who have been married to a U.S. citizen for more than two years), they will receive a permanent green card valid for ten years.
CR-1/IR-1 Visa Approval Wait Times
The wait time for CR-1/IR-1 visa approval can vary based on the location of the applicant and the workload of the USCIS. It is essential to check the current processing times with the National visa center and work with a spouse visa lawyer to understand the estimated wait time for your situation.
CR-1/IR-1 Visa Cost
The cost of obtaining a CR-1 or IR-1 visa can vary based on several factors, including the location of the beneficiary and the fees charged by the U.S. Citizenship and Immigration Services (USCIS). Below is a breakdown of the various fees that a beneficiary may have to pay in the process of obtaining a marriage green card:
- I-130 petition filing fee: $535
- USCIS Immigrant Fee: $220
- Medical examination fee: costs vary based on location but may range from $100 to $200
- Visa application processing fee (DS-260): $230
- Affidavit of Support fee (if applicable): $120
- Biometric services fee: $85
- I-751 petition to remove conditions on residence fee: $595
The cost of a CR-1/IR-1 visa can vary based on the applicant's specific circumstances. Some of the fees associated with the process include the filing fee for the I-130 petition, the medical examination fee, and the fee for the green card application. It is important to work with marriage visa attorneys to understand the specific costs involved in your situation.
In some cases, the U.S. citizen spouse may need to file an Affidavit of Support (Form I-864) to demonstrate that they have the financial means to support the beneficiary. This may involve providing documentation of the spouse's income and assets and may require the payment of a fee.
A spouse visa lawyer can guide the requirements for an Affidavit of Support and assist with completing and filing the form. Remember to include the cost of hiring an immigration lawyer. Legal fees can vary based on the case's complexity and the lawyer's specific services. Research and compare different lawyers' fees and ask about the particular services they can provide as part of the fee. The attorney-client relationship begins when you meet with the lawyer, and they agree to represent you.
Required Documents for a Marriage Green Card
To apply for a marriage green card, you must provide certain documents to the USCIS. These documents may include the following:
- Form I-130, Petition for Alien Relative
This form establishes the relationship between the U.S. citizen spouse and the beneficiary. It must be filed by the U.S. citizen spouse and accompanied by the appropriate fee.
- Marriage Certificate
This document must be an original or certified copy of the marriage certificate issued by the government agency that performed the marriage. If the marriage certificate is not in English, translate it with the help of a certified translator.
- Birth Certificate
This document must be an original or certified copy of the beneficiary's birth certificate. If the birth certificate is not in English, get a certified translator to translate it.
- Passport
The beneficiary must provide a copy of the current and all previous passports and any expired passports.
- Police Clearance Certificate
The beneficiary may be required to provide a police clearance certificate from all countries where they have lived for six months or more since they were 16 years.
- Military Records (if applicable)
If the beneficiary has served in the military, they may need to provide copies of their military records.
- Evidence of Relationship
The beneficiary must provide evidence that they are in a bona fide marriage. This may include photographs of the couple, joint bank account statements, and other documents demonstrating the relationship's nature.
- Form DS-260, Immigrant Visa Electronic Application
The beneficiary must complete this form online and accompany it with the appropriate fee.
- Affidavit of Support (if applicable)
The U.S. citizen spouse may need to file an Affidavit of Support (Form I-864) to demonstrate that they can support the beneficiary financially. This form must be accompanied by proof of income, such as tax returns and pay stubs.
- Medical Examination Results
The beneficiary must undergo a medical examination as part of the green card process and provide the results of this examination to the USCIS.
- Photographs
The beneficiary will need to provide two passport-style photos.
It is important to note that the above list is not exhaustive, and additional documents may be required depending on the case's specific circumstances.
Marriage Visa FAQs:
Marriage-Based Green Card Denial
If your marriage green card application is denied, you may be able to appeal the decision or file a motion to reconsider. Working with a law firm is essential to understand your options and the best course of action.
Can Same-Sex Couples Apply for a Marriage Visa?
Yes, same-sex couples can now apply for a marriage visa in the United States. The process is the same as for opposite-sex couples, and a spouse visa lawyer can assist with the application process and any other immigration issues.
Find an Experienced Immigration Attorney on UpCounsel
Obtaining a marriage green card can be a complex and time-consuming process. It is essential to be prepared and to follow the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) carefully to increase your chances of success. Working with a qualified spouse visa lawyer or immigration lawyer can significantly increase your chances of success and help you navigate the complex process. However, consider all the costs involved, including legal fees and obtaining the required documents and translations. By understanding the process and being prepared, you can receive a marriage green card and take the first steps toward building a life in the United States with your spouse. Post a job on UpCounsel today to find an immigration attorney who can provide the guidance and support you need to obtain a marriage green card successfully.