Yes. If the petitioner is a U.S. citizen or permanent resident s/he can file a marriage petition on behalf of their same-sex foreign spouse. The eligibility to file a marriage petition for a same-sex foreign spouse and the same-sex foreign spouse’s admissibility as an immigrant will be determined according to the immigration laws applicable to… Read More
Marriage
Can a permanent resident file a marriage petition?
Yes. However, the foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no… Read More
What are the requirements to file a marriage petition?
The petitioner must be a U.S. citizen or permanent resident. You and your spouse must be legally married. You and your spouse have a genuine relationship and bona-fide marriage.
What is a marriage petition?
A marriage petition is filed by a U.S. citizen or permanent resident on behalf of their foreign spouse with the United States Citizenship and Immigration Services (USCIS). If filed by a U.S. citizen on behalf of a foreign spouse that entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa,… Read More
Can a U.S. citizen or permanent resident complete the marriage (immigrant) visa process without an attorney?
Yes. The immigration regulations do not require a U.S. citizen or permanent resident to use the services of an attorney.
What is a K-4 visa?
Previously, the USCIS processing times for marriage petitions were extremely lengthy, resulting in the long-term separation of U.S. citizen and foreign spouse. In December, 2000, the K-3 visa was established. The K-3 visa is issued by the United States embassy or consulate in the foreign spouse’s home country for the purpose of allowing the foreign… Read More
What are the requirements for an IR-1 visa for a foreign spouse?
The petitioner is a U.S. citizen. The parties are legally married for 2 years or more. U.S. citizen and foreign spouse have a bona-fide marital relationship. U.S. citizen can demonstrate ability to financially support foreign spouse. Foreign spouse has not committed certain crimes.
What are the requirements for a CR-1 visa?
The petitioner is a U.S. citizen or permanent resident. The parties are legally married for less than 2 years. U.S. citizen or permanent resident and foreign spouse have a bona-fide marital relationship. U.S. citizen or permanent resident can demonstrate ability to financially support foreign spouse. Foreign spouse has not committed certain crimes.
What is a CR-2 visa?
The CR-2 visa (also known as a conditional resident visa) is issued by the United States embassy or consulate in the foreign spouse’s home country for the purpose of allowing the foreign spouse’s minor (under 21 and unmarried) children to legally enter as a resident and live permanently in the United States. After entry into… Read More
What is a CR-1 visa?
The CR-1 visa (also known as a conditional resident visa) is issued by the United States embassy or consulate in the foreign spouse’s home country for the purpose of allowing the spouse to legally enter as a resident and live permanently in the United States. The CR-1 visa is issued to a foreign spouse who… Read More