Marriage Green Card Immigration Attorney Los Angeles

The category permits the immediate relatives of United States citizens to immigrate without waiting in a quota or preference line.

Marriage to a United States citizen or permanent resident does not automatically create resident status in the United States.

The United States relative must file a petition on behalf of the foreign relative, and the foreign relative must undergo an interview by the United States government for admissibility to the United States as an immigrant.

However, less immediate ties than a spouse or parent of a United States citizen require that a person apply for his or her visa through a series of categories which may or may not be current at the time the person’s application is approved. A United States citizen must be at least 21 years of age in order to immigrate a relative.

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There are FOUR basic categories of family preference:

  1. Adult sons and daughters of United States citizens

  2. Spouses and adult sons and daughters of lawful permanent residents or Green Card holders

  3. Married children of United States citizens

  4. Brothers and sisters of United States citizens

A U.S. citizen can file the petition on behalf of his/her:

  1. Husband, wife, or child under the age of 21

  2. An unmarried child over the age of 21

  3. Married child of any age

  4. Brother or sister if the U.S. citizen is at least 21 years old

  5. A parent if the U.S. citizen is at least 21 years

A lawful permanent resident can file the petition on behalf of his/her:

  1. Husband or wife

  2. Unmarried child

 

Fiance Visa

The Fiance (e) Visa allows for a US Citizens only (not Legal Permanent Residents) to apply for permission with a U.S Consulate abroad to allow his or her Fiancé (e) to enter the U.S with a Fiancé(e) visa.

The U.S Consulate abroad will only review this application after there has been an approved petition by the USCIS which must be applied inside the United States by the US Citizen on behalf of his or her fiancé(e).

The marriage must take place within 90 days of the fiancé(e) entering the United States. If the marriage does not take place within 90 days or the fiancé(e) marries someone other than the U.S. citizen filing USCIS Petition for Alien Fiancé, the fiancé(e) will be required to leave the United States. Until the marriage takes place, the fiancé(e) is considered a nonimmigrant.

If the fiancé(e) intends to live and work permanently in the United States, the fiancé(e) should apply to become a permanent resident after the marriage. (If the fiancé(e) does not intend to become a permanent resident after the marriage, the fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.

The fiancé(e) may enter the United States only one time with a fiancé(e) visa. If the fiancé(e) leaves the country before married, the fiancé(e) may not be allowed back into the United States without a new visa.

Who is Eligible

U.S. citizens who marry  a foreign national may petition for a fiancé(e) classification (K-1) for their fiancé(e).  The U.S Citizen and the fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death.

You must also have met with the fiancé(e) in person at least one time within the last two years before filing for the fiancé(e) visa. (This requirement can be waived in certain circumstances)

You may also apply to bring the fiancé(e)’s unmarried children, who are under age 21, to the United States.

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