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How do our Immigration Lawyers for Marriage Visas work in Virginia?
Marriage Visa Immigration Attorneys in Richmond, VA, are here to guide you through every step of the process. Marriage visas are immigrant visas granted to individuals engaged to or married to U.S. citizens. For those unfamiliar with legal procedures, the U.S. immigration system can feel overwhelming and confusing. But don’t worry — we’ll guide you through every step, starting with your free case evaluation and continuing throughout the entire process.
First, it’s important to know that there are two main types of visas: non-immigrant visas (for those wishing to engage in temporary activities in the U.S.) and immigrant visas (for those seeking to live in the U.S. permanently).
Obtaining a visa is often the first step toward immigrating to the United States. Visa holders can eventually apply for a Green Card (permanent residency), and after several years of residency, they may even become U.S. citizens.
What types of marriage visas are available?
The process varies depending on your situation. For instance, if a U.S. citizen is engaged to a foreign national but not yet married, they will need a K-1 non-immigrant visa.
If the U.S. citizen is already married to a foreign national, an IR1 or CR1 immigrant visa is needed. This visa allows the foreign spouse to obtain permanent residency through a family-based petition. Marriage-Based Green Card Attorneys at Airington Law can help you navigate these options.
What are the steps to get a marriage visa?
As mentioned, the process depends on whether you are married or engaged. However, the steps are quite similar. Here are the key aspects:
Form I-129F is required for K-1 (fiancé) and K-2 (fiancé's children) non-immigrant visas. The U.S. citizen fiancé must fill out this form to petition to live in the U.S. with their foreign fiancé.
Form I-130 is used to petition for a spouse residing abroad. This form must also be completed by the U.S. citizen spouse. Only a U.S. citizen can request a marriage visa; a foreign national cannot apply on their own.
For fiancé petitions (K visas), the wait time depends on the U.S. embassy in the foreign country where the fiancé lives. The waiting time usually depends on the number of appointments or current backlogs at the embassy.
For spousal petitions, the average waiting time for a response is usually 5 to 8 months.
In fiancé petitions, once the visa is issued, the fiancé is free to enter the U.S. The marriage must take place within 90 days of arrival.
For spousal petitions, once you receive your visa, congratulations! You can now reunite with your partner in the U.S.
Permanent residency
Benefits You May Be Eligible For
When our experienced Immigration Lawyers for Marriage Visas help you secure your visa, you can enjoy many benefits, including:
Permanent Residency
As the spouse of a U.S. citizen, you have the right to live and work permanently in the U.S.
Right to Work
You can work for any employer, without restrictions.
International Travel
You can travel outside the U.S. and return without needing a re-entry visa, as long as you maintain your permanent residency status.
Protection under U.S. Immigration Law
You are now protected by U.S. immigration law and may adjust your status or apply for naturalization if eligible.
Path to Citizenship
After meeting certain residency and other requirements, you can apply for U.S. citizenship.
Access to Social Benefits
You may be eligible for public assistance programs, healthcare, education, and Social Security benefits.
Social Security Rights
Just as you are eligible to work, you can also obtain a Social Security Number (SSN), which provides you with a national identification to fulfill your tax responsibilities and access certain benefits.
Educational Opportunities
You can enroll in U.S. educational institutions and pay in-state tuition rates.
Family Sponsorship
You can sponsor certain family members to obtain Permanent Residency and reunite your family in your new home.
As the spouse of a U.S. citizen, you have the right to live and work permanently in the U.S.
You can work for any employer, without restrictions.
You can travel outside the U.S. and return without needing a re-entry visa, as long as you maintain your permanent residency status.
You are now protected by U.S. immigration law and may adjust your status or apply for naturalization if eligible.
After meeting certain residency and other requirements, you can apply for U.S. citizenship.
You may be eligible for public assistance programs, healthcare, education, and Social Security benefits.
Así como es elegible para trabajar, también puede tener un número de seguridad social (SSN), el cual le otorga una identificación nacional que le servirá para cumplir con sus responsabilidades fiscales y obtener ciertos beneficios.
You can enroll in U.S. educational institutions and pay in-state tuition rates.
Puede patrocinar a ciertos familiares para que obtengan la Permanent Residency y reunir a su familia en su nuevo hogar.
FAQs
Frequently Asked Questions
The K-1 visa, also known as the fiancé visa, allows the fiancé of a U.S. citizen to enter the United States with the intent of getting married. Once the K-1 visa is approved, the foreign fiancé can travel to the U.S. and has 90 days to marry the U.S. citizen. After the marriage, they can apply for an adjustment of status to obtain permanent residency (green card).
A U.S. citizen can apply for a K-1 visa for their foreign fiancé. To qualify, the couple must have met in person within two years before filing the petition unless doing so would violate strict cultural customs or cause extreme hardship. Both individuals must be legally free to marry and genuinely intend to wed within 90 days of the fiancé’s arrival in the U.S. You can find more information on the U.S. Department of State website – Visa K-1.
The processing time for a K-1 visa can vary, but it generally takes between 6 to 9 months from the time the petition is filed until approval. This period includes processing by USCIS, the National Visa Center, and the interview at the U.S. embassy or consulate. Check current processing times for more details.
K-1 visa applicants must submit several documents, including evidence of the relationship (such as photos and communication records), the completed I-129F petition, proof of the U.S. citizen’s status, and the foreign fiancé’s birth certificates and criminal records. A financial support affidavit is also required to show that the U.S. citizen can support their fiancé.
Once the foreign fiancé enters the U.S. with the K-1 visa, the couple has 90 days to get married. After the marriage, the foreign spouse must apply for adjustment of status by filing Form I-485 to obtain a Green Card. This process may involve an additional interview and providing more documentation to show the marriage is legitimate.
Yes, the foreign fiancé can apply for a work permit (EAD) once in the U.S. with a K-1 visa. However, this work authorization is temporary and usually only valid until the adjustment of status is approved and a Green Card is issued.
If the couple doesn’t marry within 90 days, the foreign fiancé must leave the U.S. The K-1 visa cannot be extended or changed to another visa type, so staying beyond the allowed period may result in an immigration violation and potential complications for future visa applications.
Yes, unmarried children under 21 years old of the foreign fiancé can accompany them to the U.S. with K-2 visas. Each child must be listed in the original I-129F petition and apply for their own K-2 visa. Once the marriage occurs, the children can apply for adjustment of status along with their parents to obtain a Green Card.
The fees for a K-1 visa include the I-129F petition filing fee of $535 and the consular processing fee, which varies by country. Additional costs may include the required medical exam and other administrative fees. After arriving in the U.S., there are further fees for applying for adjustment of status and a work permit.
After the marriage, the foreign spouse must file Form I-485 to adjust their status and obtain permanent residency (Green Card). This process requires submitting additional evidence of a bona fide marriage, attending a USCIS interview, and completing biometric screenings. If the marriage is less than two years old, the Green Card will be issued on a conditional basis. Later, the spouse can apply to remove these conditions to obtain a permanent Green Card.
Practice Areas
Learn About Our Legal Services
Our Virginia-based visa law firm is made up of women—lawyers and mothers. Our mission is to reunite families and bring them home. Some of the visa-related legal services we offer in Richmond, VA include:
Contact Us!
At Airington Law – The People’s Attorneys, we offer legal counsel for marriage visas. With over 15 years of experience, we are here to help bring your family home.
The People’s Attorneys lead a specialized team of Family Immigration Marriage Visa Lawyers in Richmond. Our team of attorneys will handle your case with the passion to reunite immigrant families and help you achieve the American dream. If you want to legally bring your fiancé or spouse to the United States, contact us! Schedule your free case evaluation. We are The People’s Attorneys.