Filing For A Spouse Visa Or A Fiancé(e) Visa Requires Substantial Documentation

Spouses and fiancé(e)s of U.S. citizens receive top priority for immigration purposes. They are not subject to the annual visa "quotas" determined by Congress. The quotas, which determine how many people in certain relationships are allowed into the U.S. each year, are listed monthly in the U.S. Department of State's "visa bulletin" published on its website.

For example, brothers and sisters of U.S. citizens may have to wait 15 years before they are able to enter the U.S. despite the USCIS' approval of their immigration petitions. Congress places a lower priority on sibling immigration than it does for spouses.

K-1 And Spouse Visas

The process of getting your spouse into the U.S. usually takes two steps, one with USCIS and the other with the Consular Section of the U.S. Embassy abroad. Call Joe Adams for assistance at 800-448-5383.

  • In the first part of the process, we need to prove to USCIS that you are in a legitimate marital relationship. You will need to submit substantial documentation, which could include showing that you commingle your income and expenses, have a child together, will live at the same address or hold yourselves out as a married/engaged couple, among other requirements.
  • The second step after the USCIS approves the petition is to prepare and file the application for the visa at the consulate.
  • If you are married, you will receive an "immigrant visa" in your passport. After you arrive in the U.S., you will receive the "green card" in the mail at your permanent address.
  • If you are engaged, you will receive a "fiancé(e) visa." You will have three months to get married after you enter the U.S. You will file additional paperwork with the USCIS for your green card, after the marriage takes place.

If you would like to have a family member join you in the U.S., we can advise you through the process. We will prepare the petition packages for family immigration cases and file them with the U.S. Citizenship and Immigration Services (USCIS).

If your family member is not already in the U.S. in some other legal status, we will prepare the paperwork for his or her interview at the U.S. consulate abroad.

USCIS Watches Closely For Marriage Fraud In Immigration Petitions

The USCIS is very concerned about marriage fraud and looks carefully at the quality of the evidence you submit. USCIS has been known to visit the homes of spouses and verify sleeping arrangements, require blood samples to prove children are biological, and seek other, very personal information.

Our experienced Los Angeles K-1 visa lawyer knows what evidence to submit to meet USCIS eligibility criteria. You can arrange a free consultation with attorney Joe Adams at our Los Angeles office by calling 800-448-5383 or sending an email.