A marriage visa will allow the spouse of a U.S. citizen or permanent resident to enter the United States. Once the visa is granted and the spouse has an interview with the consulate or embassy abroad, the spouse can travel to the United States. In many cases, the spouse will go through consular processing, during which civil documents are provided to the U.S. consulate abroad to allow the spouse to enter the United States as a permanent resident.
Couples should beware that USCIS is concerned about marriage fraud. An attorney can help you take steps to ensure that USCIS understands the true and honest nature of your marriage. An attorney will also provide the details you need to plan for the future after the marriage, such as what might happen in the event of a separation or divorce, or what is needed to remove the conditions of the permanent residency once you arrive in the United States.
Fiance visas are designed to let a client's partner enter the United States with the intent to get married. The marriage must take place within 90 days of arrival, or the visa will no longer be considered valid. Once the couple is married, they can attend an interview with USCIS to obtain permanent residence for the immigrant. Once again, an attorney can provide assistance in completing all needed applications and by appearing at interviews to make sure your relationship is best presented to USCIS. An attorney can employ numerous strategies to help present your case well to the immigration agency, including obtaining affidavits from friends, family, and employers to overcome any issues about the bona fides of the marriage or the ability of the petitioner to financially support their spouse.
There are many misconceptions about the power of marriage visas among recent immigrants. Often times, an immigrant will enter the United States unlawfully, and then marry a United States Citizen. In these instances, special procedures are required to ensure that the immigrant can remain in the United States lawfully. These situations may require an extensive I-601A hardship waiver of unlawful presence, adjustment of status in Immigration Court, or some other method to excuse the immigrant's unlawful presence. An immigration attorney can be of great value in navigating this complex situation. In another context, reentry with advanced parole, for example, for those who have temporary protected status or deferred action, may make one's effort to obtain immigration benefits easier.