Our experienced Immigration attorneys will bring you and your fiancé(e) or spouse together through the K-1 Fiancé(e) visa process or, if a spouse, by filing an I-130 and I-485 on your behalf.
At Gupta & Trujillo, our dedicated immigration attorneys can help you with your K-1 fiance(e) visa or your marriage visa throughout Southern California, including Orange County, Los Angeles County, Riverside County, the Inland Empire and San Diego County. Contact our office for a free consultation
K-1 Fiancé(e) Visas
The K-1 fiancé(e) visa is available to U.S. citizens who wish to marry a foreign national fiancé(e) living abroad. You must meet the following requirements:
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The petitioner must be a U.S. citizen;
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The petitioner must intend to marry the fiancé(e) within 90 days of the fiancé(e) entering the United States;
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Both the petitioner and the fiancé(e) must be free to marry;
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Any previous marriages must have been legally terminated by divorce, death, or annulment; and
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The petitioner and fiancé(e) must meet each other in person at least once within 2 years of filing the petition. This is known as the meeting requirement.
There are two waivers to the meeting requirement:
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if the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice; or
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If you prove that the requirement to meet would result in extreme hardship to you.
NOTE: USCIS makes a distinction between fiancé(e)s and spouses. If you plan to marry abroad you do not need to file for a a fiancé(e) visa.
Marriage Visas
A U.S. citizen and a legal permanent resident can petition for his/her immigrant spouse by filing an I-130 and I-485 application together. Marriage results in conditional residence status for two years. After two years, you and your spouse must file a joint petition to remove the immigrant spouse’s conditional status. Once approved, the immigrant spouse can file for legal permanent resident status.
Your joint petition must demonstrate:
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You entered into a good faith marriage;
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The marriage was legal where it took place;
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The marriage has not been terminated;
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The marriage was not entered into for the purposes of obtaining a green card.
If the marriage is terminated within the two year period, the immigrant spouse may apply for a waiver:
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You will experience extreme hardship if removed from the United States;
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You entered the marriage in good faith and the U.S. citizen or legal permanent resident died;
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You entered the marriage in good faith and the U.S. citizen or legal permanent resident spouse was physically or mentally abusive towards you; or
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You entered the marriage in good faith, but it terminated.
NOTE: Please visit our Green Card section for more information on the I-485 Application for Permanent Residency. Your entry into the United States, whether legal or illegal, can determine the success of your I-485 application.
Gupta & Trujillo can help you explore which options are best for you and your fiancé(e) or spouse. We will assist you in filing the necessary petitions so that you and your fiancé(e) can marry as soon as possible. |