Immigration process for couples

The Immigration Process for Couples

Hawaii is an idyllic location for destination weddings. But what happens when two people hold different citizenships, in particular, where a U.S. citizen wants a foreign-born partner to be able to live and work in the United States following marriage? This post will discuss some options for the couple to consider in the immigration process. See also our post about the Marriage Apostille process.

What if the couple is married and already living in the United States? There is a process where the foreign-born spouse might be able to adjust status to U.S. permanent residency without ever having to leave the United States. However, whether this option is available will depend upon a variety of factors, including the way the foreign-born partner entered the U.S. (e.g., with a visa, or without inspection). Please consider speaking with an experienced immigration attorney, who will be able to explain the process as well as potential issues that might apply to your case and the risks involved with such an application.None of the above options are guaranteed, and no one size fits all. During a consultation, an experienced immigration attorney will be able to explain the pros and cons of each of the above options. In addition, an attorney will gather facts that are unique to your situation, and advise you of potential obstacles you might experience. This way, you can rest assured that you are proceeding with the best immigration option for your situation. The team at Noha Immigration Law LLLC enjoys helping couples navigate the U.S. immigration process. Founder and Managing Attorney Sherry Nohara is a former ICE Senior Attorney, and has nearly 23 years of experience exclusively practicing in the area of immigration law.

K-1 Visa

A K-1 visa, if approved, will allow a foreign-born partner who is currently outside of the United States, to enter the U.S. for the purpose of marrying the U.S. citizen spouse. Following their marriage, K-1 visa holders must apply to adjust their immigration status from a K-1 to a U.S. lawful permanent resident based on their post-marital status as the spouse of a U.S. citizen.

The K-1 visa involves two steps. The first requires the U.S. citizen to file a Form I-129F petition to demonstrate to U.S. Citizenship and Immigration Services (“USCIS”) that the citizen and foreign-born partner will legally marry within 90 days of the partner’s entry into the United States. If the I-129F is approved, the foreign-born partner moves on to the second step, filing an application for a K-1 visa with U.S. Department of State (“DOS”). The partner must also attend an interview at a U.S. consular post abroad. If approved, the foreign-born partner will use the K-1 to travel to the United States. Marriage First, Followed by an Immigrant Visa.

Sometimes couples don’t want to wait for a K-1 visa. Indeed, the processing times for an I-129F petition can vary wildly – from as long as 15 months to as little as three (3) months. (Many factors affect processing times. Contact an experienced immigration attorney for more information.) Where the U.S. citizen and foreign-born spouse are able to marry abroad before coming to the United States, they would (following their marriage) proceed to obtain an “immigrant visa” for the foreign-born spouse to live
permanently in the U.S. This, like the K-1 application, is also a two-step process. The U.S. citizen would first file a Form I-130 petition to demonstrate to USCIS that the marriage to the foreign-born spouse is bona fide, meaning it is a “real” marriage. If the I-130 is approved, the foreign-born spouse moves on to the second step, filing an application for an immigrant visa with the DOS. The spouse must attend an interview at the U.S. consular post nearest to the spouse. If approved, the foreign-born spouse will receive an “immigrant visa” to travel to the U.S. And, upon landing on U.S. soil, the spouse will automatically become a permanent resident of the United States. Permanent residents obtain a document that is also known as a “green card” in the United States.

Adjustment of Status

What if the couple is married and already living in the United States? There is a process where the foreign-born spouse might be able to adjust status to U.S. permanent residency without ever having to leave the United States. However, whether this option is available will depend upon a variety of factors, including the way the foreign-born partner entered the U.S. (e.g., with a visa, or without inspection). Please consider speaking with an experienced immigration attorney, who will be able to explain the process as well as potential issues that might apply to your case and the risks involved with such an application.

None of the above options are guaranteed, and no one size fits all. During a consultation, an experienced immigration attorney will be able to explain the pros and cons of each of the above options. In addition, an attorney will gather facts that are unique to your situation, and advise you of potential obstacles you might experience. This way, you can rest assured that you are proceeding with the best immigration option for your situation.

The blog post was written by Sherry Nohara of the Noha Immigration Law Firm.

The team at Noha Immigration Law LLLC enjoys helping couples navigate the U.S. immigration process. Founder and Managing Attorney Sherry Nohara is a former ICE Senior Attorney, and has nearly 23 years of experience exclusively practicing in the area of immigration law. For more information about immigration law, please contact Sherry Nohara.

808-808-6642
info@nohalaw.com