An Experienced Immigration Lawyer Answers the Most Common Questions About Family Immigration

What’s the Difference Between a Marriage-based Green Card (CR-1) and a Fiancé Visa (K-1)?

By applying for a Green Card, non-citizens express immigrant intent and indicate that they desire to permanently reside in the United States. The spouse of a U.S. citizen or a green card holder may apply from either within the United States (Adjustment of Status) or through their home embassy or consulate (Consular Processing). On the other hand, a visa expresses non-immigrant intent and provides a non-citizen the right to temporarily enter the United States for the specific reason for which the visa was issued.

A specific type of visa called a K-1 fiancé visa allows U.S. citizens to bring their fiancés living abroad to the United States. Only a current U.S. citizen may submit a K-1 visa application and only if the following is true:

• The couple has met in person within the last two years.
• Both individuals may legally marry.

Upon approval, the K-1 visa allows the fiancé to travel to the United States and marry his or her U.S. Citizen sponsor within 90 days of entry.

Can I Get a Green Card through Marriage?

Yes, you may obtain a green card if you are legally married to a U.S. citizen or Green Card holder. You can apply for your Green Card from either within the United States (Adjustment of Status) or through your home embassy or consulate (Consular Processing).

The following are amongst the most important documents you must provide in order to be able to file for the Green Card:

• Proof of nationality: This may be a birth certificate, passport, or other acceptable document.
• Proof of lawful entry to the US (if applying from within the United States): This may be a K-1 or other U.S. visa.
• Proof of termination of any prior marriages: Any divorce must be final and must be issued by the appropriate authority in your home country. You must be legally free to marry the U.S Citizen or green card holder..

• Medical examination: To meet the requirements, a USCIS-approved doctor must perform the exam.
• Affidavit of Support: This documentation proves your spouse’s ability to financially support you..

Green cards are a complicated part of the immigration process. If you’re not sure you have all the necessary documents or need any guidance on changing your immigration status, get legal advice from an experienced immigration lawyer. A law professional may be able to offer solutions about which you may be unaware.

What Is a Green Card Marriage Interview?

Before U.S. Citizenship and Immigration Services (USCIS) can approve your green card application, you must prove the validity of your marriage. If you have been living with your spouse, collect documents that include both of your names, such as bills or other official mail. You may also gather photos of the two of you and any other evidence that you are a genuine couple.

At the interview, you must be able to show that you have entered into a bona fide (true) marriage to your U.S. citizen or green card holder spouse and are not merely in a marriage of convenience that would allow you to obtain an immigration benefit. The USCIS officer will ask questions about the history of your relationship, any plans you may have for the future, and your day to day life together. Examples of such questions include essential questions, such as “How did you meet?”, but may also include questions like:

• What does your spouse typically eat for breakfast?
• Who is your spouse’s cell phone provider?
• What do you and your spouse do together for fun?

I Am an Adult. Can My U.S. Citizen Child Petition for Me?

Yes, your child may petition for a green card for you, but they must meet specific requirements to do so. Generally, your child must be:

• At least 21 years old
• Able to support you with a minimum income of 125% of the federal poverty level

If your child does not meet these qualifications, talk to an immigration lawyer at our firm. Immigration matters are notoriously complex, and an experienced attorney can help guide you through your next steps.

What is the VAWA, and Who Qualifies?

The Violence Against Women Act (VAWA) offers protection to women and men subjected to domestic abuse by a spouse who is a U.S. citizen or legal permanent resident (green card holder). If you are the victim of domestic abuse (physical or emotional), you may qualify to apply for permanent residency under the VAWA. We urge you to speak with our immigration lawyer as soon as possible to protect yourself from future abuse.