If you are engaged, or already married, and your spouse is from another country, you will want to apply for Permanent Residency (“Green Card”) for them.

Course of Action if your Fiancé(e) or Spouse is Abroad:

Depending on your circumstances you will want to follow one of these courses of action:

  1. K-1 or K-3 Visa. File for a fiance(e) visa (K1 or K3) and have your wedding here. You must get married within 90 days and then petition to have his or her status adjusted to provisional permanent resident status once they arrive.
  2. Green Card. Marry your fiance(e) in another country and then petition to bring him or her to the U.S. as your spouse.

If Spouse is in the US:

If you are a US citizen and your spouse made a legal entry into the United States and can meet certain criteria they may be eligible to apply for adjustment of status.

Issues in Marriage Based Cases:

The most common issues that our New York Immigration Attorneys experiences in marriage based Permanent Residency Cases are:

  • Alien Spouse cannot prove legal entry into the United States
  • Spouse made legal entry into the US, but overstayed
  • Spouse made legal entry as minor using fraudulent documents given to them by a family member.
  • Claim that alien spouse misrepresented their marital status in their home country
  • Allegations of intent – entered the US on a different visa with the sole intent to marry
  • Entered the US using the visa waiver program and now wants to marry in the US
  • Entered on a K-1 with a previous fiancé(e), never completed the paperwork and now wants to marry in the US
  • Entered as a crewman or in transit
  • Subject to J-1 – 2 year rule
  • Previous criminal record
  • Have petitioned on their own and been denied, perhaps even accused of marriage fraud even though you are in a legitimate relationship
  • Have had previous order of deportation from an Immigration Court

We routinely face all of these situations and much more.

Law Offices in New York | Marriage-Based Green Card | Our Immigration Attorneys Can Advise and Assist

Your plans to marry an American – or marry an immigrant, if you are American – could involve complications that you are not aware of. Conversely, you may have opportunities to streamline the process that you don’t realize are available. Schedule a consultation with a knowledgeable, detail-oriented New York immigration lawyer regarding a marriage-based green card or fiance(e) visa. Contact us by phone or e-mail us to arrange to meet with an attorney in any one of our locations in New York City or Florida.

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