Albuquerque Marriage Visa Lawyer
Representation for Family & Spousal Immigration Matters
At Monument Immigration, we understand that your family is the most important thing in the world to you. That's why we take the time to help you understand the U.S. immigration process and assist you with your family and marriage visas. We are a full-service immigration law firm with more than 20 years of experience and a record of success in handling family-based immigration cases. Our compassionate and knowledgeable immigration lawyer is here to help you reunite with your loved ones.
Types of Family-Based Immigrant Visas
There are several types of family-based immigrant visas available for individuals who have close family members who are U.S. citizens or lawful permanent residents (green card holders). These visas allow family members to immigrate to the United States and obtain permanent resident status.
Immediate Relative Immigrant Visas
These visas are available to the immediate relatives of U.S. citizens, including spouses, unmarried children under the age of 21, and parents of U.S. citizens who are 21 years of age or older. There is no numerical limit on the number of visas issued in this category each year.
Family Preference Immigrant Visas
These visas are available to more distant relatives of U.S. citizens and permanent residents. They are divided into several categories:
- F1 Visa: This category is for unmarried sons and daughters (over the age of 21) of U.S. citizens.
- F2 Visa: This category is divided into two subcategories:
- F2A Visa: Spouses and unmarried children (under the age of 21) of permanent residents.
- F2B Visa: Unmarried sons and daughters (over the age of 21) of permanent residents.
- F3 Visa: This category is for married sons and daughters of U.S. citizens.
- F4 Visa: This category is for siblings of U.S. citizens, where the U.S. citizen petitioner is 21 years of age or older.
Special Immigrant Visas
These visas are available to certain special immigrant categories, including:
- IR-3 and IR-4 Visas: These visas are for foreign-born adopted children of U.S. citizens.
- SI Visas: This category includes certain religious workers, employees of international organizations, and other special immigrant groups.
- VAWA Visas: These visas are available to victims of domestic violence who qualify under the Violence Against Women Act (VAWA).
Marriage Visas For Albuquerque Immigrants
There are several types of visas available for individuals who are married to a U.S. citizen or lawful permanent resident (green card holders). These visas allow the foreign spouse to immigrate to the United States and obtain permanent resident status.
- K-1 Fiancé(e) Visa: This visa is available for foreign nationals who are engaged to be married to a U.S. citizen. It allows the foreign fiancé(e) to enter the United States for the purpose of getting married within 90 days of arrival. After the marriage takes place, the foreign spouse can apply for adjustment of status to obtain permanent residency.
- CR-1 and IR-1 Spousal Visas: These visas are available for spouses of U.S. citizens or lawful permanent residents who have been married for less than two years (CR-1) or more than two years (IR-1). The CR-1 visa is an immigrant visa, while the IR-1 visa is an immediate relative immigrant visa. The process involves the U.S. citizen or permanent resident spouse filing an immigrant petition on behalf of the foreign spouse, followed by consular processing and issuance of an immigrant visa. The foreign spouse enters the United States as a lawful permanent resident.
- K-3 Spouse Visa: This visa is available for foreign spouses of U.S. citizens. It allows the foreign spouse to enter the United States while the immigrant visa petition is being processed. Once in the U.S., the foreign spouse can apply for adjustment of status to obtain permanent residency.
How Do I Get a Marriage or Family Visa?
The family-based immigration process allows U.S. citizens and lawful permanent residents (green card holders) to sponsor certain family members for immigration to the United States.
The process typically involves the following steps:
- Determine Eligibility: The first step is to determine if you are eligible to sponsor a family member for immigration. U.S. citizens can sponsor their spouses, parents, children (including married and unmarried adult children), and siblings. Lawful permanent residents can sponsor their spouses and unmarried children.
- File Form I-130: The sponsoring family member must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the sponsor and the intending immigrant.
- Wait for Processing: After submitting Form I-130, the petitioner must wait for USCIS to process the petition. USCIS will review the form and supporting documents and make a decision on whether to approve or deny the petition. Processing times can vary.
- Visa Availability: Once the I-130 petition is approved, the availability of an immigrant visa depends on the family preference category and the country of origin of the intending immigrant. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) have visas immediately available. Family preference categories may have a waiting period due to annual visa limits.
- National Visa Center (NVC) Processing: If a visa is available, the case is transferred to the National Visa Center (NVC). The petitioner must submit additional documentation and fees to the NVC. This includes the Affidavit of Support, supporting financial documents, civil documents, and visa application forms.
- Consular Processing: Once the NVC has received all required documents, it will schedule an immigrant visa interview at the U.S. embassy or consulate in the intending immigrant's home country. The intending immigrant will attend the interview and undergo medical examinations.
- Immigrant Visa Issuance: If the consular officer approves the visa application, the intending immigrant will receive an immigrant visa packet. They can use this packet to travel to the United States.
- Entry to the United States: Upon arrival in the United States, the intending immigrant becomes a lawful permanent resident (green card holder). They may receive a temporary I-551 stamp on their passport until they receive the physical green card.
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