Green Card through Fiancé and Marriage Visa

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Green Card through Fiancé' and Marriage Visa

Every year, thousands of foreign-born people engage or marry U.S. citizens and permanent residents of the same or opposite sex. Still, none of these couples will have precisely the exact Immigration needs. For example, some may have met and married overseas and then moved to the United States. At the same time, some may have met in the United States and wish to marry and stay. Finally, some may have met overseas and want to come to the United States for the wedding. Each of these situations, and others, will require slightly different planning and procedures. However, no matter what your situation is, you have one thing in common with all the other fiances and newlyweds (or even long-time spouses). Before you get the right to come to the United States, whether just to get married or stay permanently, you will have to go through a lengthy process of submitting application forms and paperwork and meeting with government officials to prove your eligibility. At F4 India Law Office, we have expert immigration attorneys to help you get through all the immigration processes quickly and with perfection. Here, you can check your eligibility for a Fiancé and Spouse visa by clicking on the Eligibility check service tool.

Suppose you have any questions regarding your case or find difficulty in self-eligibility check. In that case, you can contact us or write to us by filling up a simple form given below named "Get advice for Free," or you can also email us directly at

The Most Common Questions Asked for Spouse or fiancé Visa

  • Should I apply for a fiancé visa or get married first?

  • What happens if the sponsor does not have enough income?

  • What to do if the I-130 petition for an alien relative is denied at the initial stage by USCIS?

  • Can I get a green card in the United States, or do I have to be outside?

  • How can a sponsor maintain their U.S. Domicile while staying out of the United States?

  • Under what circumstances does the petition affect the DHS final rule on public charge?

Should I Apply For Fiancé Visa Or Get Married First?

What type of visa you should apply for entirely depends upon your situation. Only an experienced attorney will guide you best by analyzing your case type, including many aspects.

Fiancé(e) Visa Spouse Visa
A U.S. citizen can bring their fiancé (e) to the United States to marry and live here with a fiancé (e) K-1 visa. With the K-1 visa, the foreign fiancé (e) will travel to the U.S. and marry their sponsor within 90-days. Afterward, the foreign citizen has the option of applying for an adjustment of status to become a legal permanent resident (LPR). The advantage of the Fiancé's visa is that the process is fast as compared to the other visas for married individuals. The fiancé (e) visa process takes approx. Six months and becoming a permanent resident after that takes approx. 10 to 11 months. Spouse visas offer two options–IR-1 or CR-1 and K-3 visas. A Sponsor can bring their spouse to the United States through a Petition for Alien Relative, I-130, or nonimmigrant visa (K-3). A "spouse" is well-defined as the legally married husband or wife of U.S. citizens and LPRs. The validity of the CR-1 spousal visa is six months, which means you have six months to enter the U.S., allowing the holder to come to the U.S. and reside permanently. Please note that no adjustment of status is required with a spouse visa (CR-1). However, the spouse of a green card holder will be on a waitlist until the visa or green card becomes available.

What Happens if The Sponsor Does Not Have Enough Income?

The minimum annual income required to sponsor a spouse for a marriage-based green card is $21,550. The income requirements increase based on family size. A Sponsor can add a joint sponsor if they don't meet the income requirement. Adding a joint sponsor is not just a usual criterion. Many aspects are analyzed first, like previous liabilities, financial eligibility, current legal status, police records, relation to the sponsor, etc. Attorneys at F4 India do such tasks daily. They check the eligibility of a joint sponsor and only after that recommend to add. It is crucial as sometimes, the joint sponsor added on the petition is not eligible. Your immigrant visa petition may go under the administration process, which delays your case, or even you may face denial.

What to do if I-130 Petition for Alien Relative is denied at the Initial Stage by USCIS?

If your petition gets denied, you may have the option of filing a motion to appeal or reconsider. But have you ever thought about why your petition got rejected? F4 India has a record of not having a single denial of the I-130 petition from USCIS. There could be many reasons for the rejection of your I-130, and that's why we advise having an experienced attorney file U.S. complex forms and do the processing on your behalf.

Some of the reasons for the denial are not enough for a negative decision. Thus, USCIS issues a Request for Evidence before denying the petition. Lack of accurate response and no follow-up worsen the case and lead it to rejection, but if you have hired us, you need not worry about anything as this would be the task of our expert Team. Contact us today if you want an expert attorney to handle your case at affordable, pocket-friendly fees. Email id:, Contact number: +91-6283507748

Can I Get Green Card Based on Marriage Visa in the United State or Do I Have to Be Outside?

An applicant can process their marriage-based visa petition from inside the United States under Adjustment of Status processing or outside the United States under Consular processing. But the accurate option to go ahead varies from case to case as everyone has different circumstances. So get your case analyzed by an attorney and choose the best option.

How Can a Sponsor Maintain their U.S. Domicile While Staying Outside of the United States?

Suppose you are a U.S. citizen living abroad and married to a foreign citizen, and your spouse wishes to receive a U.S. green card based on your marriage. In that case, you and your spouse should be able to initiate the green card application process from outside of the United States. But in such types of situations where the couple lives abroad, they need proper planning and strategy to apply for a marriage-based visa.

Specific application requirements and procedures may change if both the U.S. citizen petitioner and the foreign-born beneficiary live outside the U.S., and an attorney is the one who can guide you best in this regard. For example, one of the foremost requirements for marriage-based visas is that the petitioner must be residing in the U.S. If the petitioner is living outside the U.S., how will they fulfill the requirement of a U.S. domicile? Our attorneys have worked for different clients worldwide and have dealt with such situations efficiently. Our attorney will check your eligibility by analyzing aspects, including a temporary stay outside of the U.S., your intention to return, ties to the country you have maintained, etc. Thus, it is advised to consult an immigration attorney in such cases.

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Under What Circumstances the Petition Get Affected By The DHS Final Rule on Public Charge?

Under the new rule of public charge, inadmissibility is determined based on the factors outlined in the statute and deciding on the Applicant's likelihood of becoming a public charge at any time in the future." To prevent this, an applicant does not need to have received public benefits in the past. While checking this determination, the adjudicator considers the factors based on an applicant's age, Health, Family Status, Assets, Resources, Financial Status, Education, and Skills.

Now Applicant has to be vigilant while submitting their documents or presenting their details. Thus, hiring an attorney for your complete case processing would be the best decision as immigration has to be adequately planned. The process of sponsoring a relative or soon-to-be spouse can be burdensome but will help a qualified attorney. We can help you stay on the right track. Working under the guidance of an immigration attorney at every step is crucial. It is one of the most important decisions of your life.

The Team of F4 India has successfully handled thousands of cases globally and has assisted our clients through every step of the process. We are committed to providing each client with successful results by considering appropriate and inventive choices. At F4 India, we tend to take personal pride in the quality of our work and our attention to detail. To get in touch with one of our expert attorneys, you can fill out the contact form and schedule your consultation with our office today.

Why You Need An Immigration Attorney

  • Filling with attorney is safe and secure.

  • Avoid delay and costly errors.

  • Analyse your eligibility.

  • Spot any potential legal problems.

  • Prepare the complete set of complex forms.

  • Follow up with USCIS in regard to case updates.

  • Quick results and fast processing.

  • Only attorney can guide you in legal matters while USCIS does not provide legal guidance in regard to your case. Even if in some cases a USCIS information officer may give you advice but keep in mind that USCIS employees cannot best represent your interests- that’s what your attorney does.

  • It is important to have an attorney if you have issues about moral character, for an example, if ever in your life you have arrested for a drug offense or DUI or other crime.

  • Attorney takes quick action if there is a request for additional evidence by USCIS.

  • Sometimes you need attorney simple because your case has gotten messy and you need more personalized advice.

  • Experienced lawyers may also have contacts inside USCIS who can give them information or locate a lost file.

  • Affordable legal fees

Just Remember

“A good attorney can be the difference between an approval and a denial and its always better to get it right the first time."

F4 India handling Fiancé' and Marriage Visa Cases with Confidence

Immigration Attorneys at F4 India have broad experience handling Fiancé and Marriage based visa cases. We provide legal advice and representation on a full range of complex and routine visa cases. Our immigration attorneys help you identify the best course of action, whether through a K-1 fiancé (e) visa or spouse visa. Our U.S.-based Immigration attorneys provide complete assistance for preparing and submitting Fiancé and Marriage-based cases. The entire process starts with an eligibility check, suggesting the most appropriate option and documentary requirements, USCIS follow-ups, Fulfilling the requests for evidence (RFEs) asked by USCIS, Interview Preparation. If required, Attorneys file motions to reopen after denial. The most crucial part when you hire an attorney is to have the appropriate knowledge and experience concerning what option is the best suited for you, depending on your situation and current U.S. immigration law. Here, our attorneys play an essential role by providing you with the best advice, like applying for a Nonimmigrant visa for a spouse (K-3) or an Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1). We are the best U.S. immigration Consultants in Chandigarh, India. Our Team's vast experience and achievement in the most challenging areas for U.S. Immigration-based petitions like Adjustment of Status, Consular Processing case, Child Status Protection Act for children "aging out," and inadmissibility waivers make us unique and the first preference of an applicant.