Marriage-Based Immigration

Finding a partner that you want to spend the rest of your life with is wonderful, however, marrying someone who is not a U.S. citizen or permanent resident will require you and your spouse to deal with the United States Citizenship and Immigration Services (USCIS) in order to get your spouse permanent residency. CR1 and IR1 Visas are the pathway to permanent residency offered to spouses of U.S. citizens or permanent residents.

Premier Immigration Solutions understands the rules governing marriage-based immigration and how the USCIS operates and can assist you through the process of the marriage-based immigration system.

What is Marriage-Based Immigration?

Marriage-based immigration is the process permitted by the USCIS in which a foreign national, who does not have U.S. permanent residency, is able to obtain permanent residency (commonly known as a green card) based on their marriage to a U.S. citizen or lawful permanent resident. 

In this process, the U.S. citizen or permanent resident sponsors his or her spouse and petitions for their spouse to be granted permanent residency. There are certain eligibility requirements for the foreign spouse and certain financial requirements in which the petitioner must demonstrate that they have the financial means to support their foreign spouse. Premier Immigrations Solutions can ensure that you and your spouse meet all the requirements and guide you through the entire process.

What is the Process for Marriage-Based Immigration?

The process for marriage-based immigration in the United States can be quite complicated. First and foremost, to begin the process, the couple must be married, and it must be a legitimate marriage.  The USCIS can be a stickler on “legitimate marriage” and will require documentation of the legitimacy of the relationship.

Once you are married, the U.S citizen or permanent resident will petition on behalf of their spouse for permanent residency. This requires filling out and submitting specific forms along with supporting documentation. Premier Immigration Solutions can assist you with all of this, ensuring the forms are filled out correctly and submitted in a timely manner with the correct supporting documentation. 

If your spouse is already in the U.S., you and your spouse will most likely be required to attend an interview at a USCIS center in your area. If your spouse is abroad, they will attend an interview at a U.S. embassy or consulate. If the application is approved, the spouse will receive a two-year conditional green card if the couple have been married for less than two years, otherwise, the spouse will be issued a permanent green card.

If granted a conditional green card, you and your spouse will need apply to remove the conditional status within the 90-day period before the conditional green card expires in order to convert it to a permanent green card. Premier Immigration Solutions can assist you with this as well and make sure everything is done correctly and submitted on time. 

Why is it Important to Hire an Attorney for Marriage-Based Immigration?

Marriage-based immigration can be a complicated process requiring specific forms to be filled out with detailed and correct information. Additionally, certain specific marriage related and financial documentation will have to be provided to the USCIS as evidence to support your application. 

An immigration attorney knows how to correctly complete these forms and what specific type of evidence the USCIS is looking for when reviewing an application. Additionally, an attorney will be able to help prepare you and/or your spouse for the interview process and attend the interview and assist you as allowed by the USCIS. Having an attorney makes the process easier and less stressful for you and your spouse. 

If you are in need of legal assistance with marriage-based immigration, Premier Immigration Solutions can help. We can assist through the entire process from completing the initial immigration forms to converting a conditional green card into a permanent one, if necessary. If you need assistance with marriage-based immigration issues, contact Premier Legal Solutions today to set up a consultation.