Marriage and family

MARRIAGE AND FAMILY VISA IN CALGARY, BC – EDMONTON, VANCOUVER

A U.S. citizen can sponsor a foreign citizen by marriage. There are two approaches.

First there is the fiancé or K visa. It requires (1) being engaged to be married to a United States citizen; (2) Bona fide intention to marry; (3) being eligible to be lawfully married—no current spouse; (4) having met in person at least once in two years prior to filing the K-1 visa petition (5) Willing to marry within 90 days of entry into the United States; Once married, the spouse applies for a change of status. The disadvantage of this process is that it takes about 4-6 months before the fiancé can enter the U.S. and then another 4 months to change status after the marriage.

Second, there is a marriage in Canada or the U.S. followed by a change of status once in the U.S. This reduces the time to obtain permanent residency to about 6 months. However, there are issues about entry to the U.S. to get married or entering the U.S. after marriage outside of the U.S. and then applying to change status. It is possible to do it but requires careful planning

Same-sex couples who are married may now put in an application for green card permits in the same manner as married heterosexual couples. We have processed several such applications.

The dream of living in the United States often sparks a journey through the intricate web of immigration processes. For anyone seeking to establish a life in the U.S., marriage to a U.S. citizen or family sponsorship offers potential avenues for obtaining a visa. In this guide, we will delve into the nuances of these processes, providing a comprehensive overview for those considering the leap across the border.

Marriage-Based Immigration:

1. Understanding the K-1 Fiancé(e) Visa:

Eligibility criteria

Filing the Petition for Alien Fiancé(e) (Form I-129F)
Background checks and processing times
Fiancé(e) visa interview process

2. Adjustment of Status (Green Card):

Completing the marriage within 90 days of arrival
Filing the Adjustment of Status application (Form I-485)
Biometrics appointment and medical examination
The conditional green card and removing conditions

3. Common Challenges and Tips:

Overcoming the “bona fide” marriage requirement
Addressing issues such as age differences, language barriers, etc.
Navigating cultural adjustments

2. Family Sponsorship:

1. Understanding Immediate Relatives and Preference Categories:

Immediate relatives (spouses, unmarried children under 21, parents)
Preference categories (F1, F2, F3, F4)

2. Filing the Petition for Alien Relative (Form I-130):

Establishing the qualifying relationship
Providing supporting documentation
Processing times and USCIS updates

3. National Visa Center (NVC) Processing:

Fee payments and document submission
Consular processing and visa interviews
Medical examinations and background checks

4. Adjustment of Status vs. Consular Processing:

Pros and cons of adjusting status within the U.S. vs. going through consular processing in the home country

3. Legal Considerations and Challenges:

1.Consulting with an Immigration Attorney:

The importance of legal guidance
Choosing an attorney and understanding fees

2. Common Hurdles and How to Overcome Them:

Previous visa denials or immigration violations
Criminal history and inadmissibility
Public charge concerns

Embarking on the journey to obtain a U.S. visa through marriage or family sponsorship is a significant undertaking. While this guide provides an extensive overview, it’s crucial to recognize the dynamic nature of immigration laws and the uniqueness of individual cases. Seeking professional advice and staying informed about updates from U.S. immigration authorities are essential steps for a successful and smooth immigration process. Please consult us at 877-807-0316.

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