Helping Couples Navigate the Marriage Visa Process with Ease
Reuniting with your spouse or fiancé(e) in the U.S. is a major milestone, but the immigration process can be complex and stressful. At Martinez Immigration, our experienced immigration lawyers guide couples through the legal process to obtain marriage-based visas, ensuring that your application is filed correctly and efficiently.
Who may need an immigration attorney for Marriage Visa?
An experienced immigration lawyer can assist with:
- Fiancé(e) Visas (K-1) – Helping U.S. citizens bring their foreign fiancé(e) to the U.S. for marriage.
- Spousal Visas (CR-1 & IR-1) – Assisting spouses of U.S. citizens and permanent residents in securing Green Cards.
- Consular Processing & Adjustment of Status – Navigating visa approvals for couples inside and outside the U.S.
- Complex Cases – Overcoming challenges such as prior marriages, financial issues, and legal complications.
- Marriage Fraud Accusations – Defending against USCIS marriage fraud suspicions and ensuring a successful application.
Marriage fraud is taken seriously by USCIS.
Our lawyers ensure your application is properly documented to avoid unnecessary scrutiny.
Eligibility Requirements for a Marriage Visa
To qualify for a marriage-based visa, couples must:
- Have a Legally Recognized Marriage – Provide a valid marriage certificate from the country where the marriage took place.
- Prove a Genuine Relationship – Submit photos, messages, travel records, financial documents, and other proof of a bona fide relationship.
- Meet Financial Sponsorship Requirements – The U.S. citizen or permanent resident must prove financial ability to support the foreign spouse.
- Have No Major Immigration or Criminal Violations – Past deportations, visa overstays, or criminal records may complicate the case.
Understanding Marriage-Based Visas
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Not sure which visa applies to you? Our attorneys can guide you through the best option based on your relationship status.
How to Apply for a Marriage-Based Visa Process
File Form I-130 (Spousal Petition) or I-129F (Fiancé(e) Petition)
USCIS verifies the relationship before approving the case.
Visa Processing (Consular or Adjustment of Status)
- If the foreign partner is outside the U.S., they must apply through a U.S. embassy.
- If they are inside the U.S., they adjust status without leaving.
Attend a Visa Interview
USCIS or the U.S. embassy will interview the couple to confirm the legitimacy of the relationship.
Visa Approval & Entry to the U.S.
Spouses receive a Green Card; fiancé(e)s enter on a K-1 visa and must marry within 90 days.
Missing paperwork or inconsistencies can result in denials. A lawyer ensures your application is accurate and complete.
Required Documentation
Proof of U.S. Citizenship or Permanent Residency
Passport, birth certificate, or Green Card of the U.S. spouse.
Marriage Certificate (For Spousal Visas)
Legal proof of the marriage.
Proof of Relationship
Photos, messages, joint accounts, travel records, and affidavits.
Proof of Financial Support (Form I-864)
Tax returns, employment letters, and bank statements.
Medical Examination Results
Required for visa applicants before entry to the U.S.
Common Challenges & Legal Solutions
Challenges
Solutions
Proving a Genuine Relationship
USCIS denies applications suspected of fraud.
We ensure strong evidence (joint financials, travel records, affidavits).
Financial Sponsorship Issues
If the U.S. sponsor doesn’t meet income requirements, the case may be denied.
We help find a joint sponsor or use assets to meet requirements.
Delays & Processing Backlogs
Some cases take longer due to embassy delays or missing paperwork.
We track your case, submit expedite requests if eligible, and prevent delays.
Additional Resources
Frequently Asked Questions
Can I work in the U.S. while waiting for a marriage visa?
Yes, after filing for Adjustment of Status, you can apply for a work permit (EAD).
What happens if my visa is denied?
You may appeal, submit additional evidence, or reapply with legal guidance.
Can I apply for a Green Card after getting a K-1 Visa?
Yes, after marrying within 90 days, you can apply for a Green Card via Form I-485.
How long does a marriage visa take?
Processing varies but typically takes 6-15 months depending on the visa type.
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Speak with an Immigration Lawyer Today!
Need help with a spousal or fiancé(e) visa? Call our immigration lawyers today at Martinez Immigration to ensure a smooth and successful marriage visa application process.