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DuPage County immigration conditional residence attorneyWhen a U.S. citizen is married to someone from another country, they may apply for a spouse visa which will allow their partner to live and work in the United States. However, some spouses are only eligible to reside in the country on a conditional basis, and couples should be aware of how to remove the conditions on residence and avoid the possible deportation of an immigrant spouse.

Conditional Residence Visas

A spouse who has been married to a U.S. citizen for less than two years is eligible for a conditional residence (CR1) visa. A citizen can apply for this type of visa for their spouse by filing a Petition for Alien Relative (Form I-130). If the alien spouse has already been lawfully admitted to the United States, they can also file an Application to Register Permanent Residence or to Adjust Status (Form I-485). A conditional residence visa allows a spouse to live and work in the U.S. for two years, after which they must apply to have the conditions removed.

Removing the Conditions on Residence

Spouses can apply to remove the conditions on their permanent residence if they were married in good faith (that is, they did not get married with the goal of evading U.S. immigration laws) and:

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DuPage County fiance visa immigration attorneyWhen a U.S. citizen plans to marry a foreign national who resides in another country, they are able to apply for a K-1 nonimmigrant visa (also known as a fiancé visa), allowing their future spouse to immigrate to the United States for the purposes of getting married. However, the process of applying for this type of visa can be complex, and it is important to understand the requirements that must be met.

Required Documentation for a Fiancé Visa

To apply for a K-1 nonimmigrant visa, a U.S. citizen must file Form I-129F (Petition for Alien Fiancé(e)). They will be eligible to file this petition if both spouses are legally able to get married and plan to do so within 90 days after the alien fiancé arrives in the United States. After the petition is approved, the National Visa Center (NVC) will assign a case number and send information to the U.S. Embassy or Consulate in the country where the fiancé resides, and a visa interview will be scheduled. The foreign national fiancé must provide the following documentation at this interview:

  • A completed Form DS-160 (Online Nonimmigrant Visa Application) - After completing this form, the confirmation page can be printed to bring to the interview.
  • A valid passport - The passport must be valid for travel to the U.S. for at least six months after the period of time the fiancé plans to stay in the country.
  • Proof of dissolution of previous marriages - Both the U.S. citizen and foreign national fiancé must provide divorce or death certificates for any previous spouses.
  • Criminal records - An applicant must provide police certificates containing any arrest records from countries where they have lived for at least six months after reaching the age of 16.
  • Medical examination and vaccination records - An applicant must receive a medical examination from an authorized doctor. While vaccinations are not required at this time, immigration law requires immigrants to receive certain vaccinations in order to obtain legal permanent resident status, and applicants are encouraged to receive these vaccinations as soon as possible.
  • Proof of financial support - Applicants must demonstrate that they and/or their spouse will be able to provide support for them while they live in the United States. A Form I-134 (Affidavit of Support) may be required by the Consular Officer.
  • Two passport photos
  • Proof of relationship - Applicants may be required to provide evidence, such as photographs, that their relationship with their intended spouse is genuine.
  • When a K-1 visa has been approved and issued, the fiancé can enter the U.S., and after the marriage has taken place, they can apply for a green card as a lawful permanent resident.

Contact a DuPage County Immigration Attorney

The application and interview process for a fiancé visa can be complex, and mistakes or omissions made during this time can cause significant delays. If you, your fiancé, or other family members are planning to immigrate to the United States, the skilled attorneys at Khan Nayyar & Associates, LLC can help you meet your legal requirements and work with you to complete the process as quickly and efficiently as possible. Contact an Oak Brook immigration lawyer today by calling 630-LAWYERS.

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DuPage County green card attorneyLiving in the United States provides people with great opportunities, and after someone has immigrated to the country and attained U.S. citizenship, they will likely want to have their family members join them. In these cases, people should be aware of the options available for family members to immigrate to the U.S. and obtain their green card as a lawful permanent resident.

Immediate Relative Green Cards

Immediate relatives of U.S. Citizens are eligible to apply for an immigrant visa and green card if they fall into one of the following categories:

  • A spouse of a U.S. citizen
  • Children of a U.S. citizen who are under the age of 21 and unmarried
  • Parents of a U.S. citizen who is over the age of 21
  • A widow or widower of a U.S. citizen

There is no limit on the availability of immigrant visas for immediate relatives of U.S. citizens, and once these relatives are living in the United States, they are eligible to apply for a green card. 

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DuPage County immigration attorney spouse immigrant visaWhen family members are separated by international borders, they will want to do everything they can to be together. This is especially true for married couples or people who are planning to get married. United States citizens or lawful permanent residents who are planning to have their spouse immigrate to the country should be sure to understand their options for obtaining visas and permanent resident status.

Visas for Spouses of U.S. Citizens

To begin the process of obtaining an immigrant visa, a U.S. Citizen who lives in the U.S. and is legally married to a non-citizen must file a Petition for Alien Relative (Form I-130) with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). If the spouse is already living in the U.S., an Application to Register Permanent Residence or to Adjust Status (Form I-485) must also be filed.

If spouses have been married for more than two years, they are eligible for an Immediate Relative visa (IR1). If they have been married for less than two years, they are eligible for a Conditional Residence visa (CR1). Spouses who receive a CR1 visa are allowed to live in the U.S. on a conditional basis for two years. Within the 90 days before a spouse’s conditional residence expires, the spouses must file a Petition to Remove the Conditions of Residence (Form I-751). If they fail to do so, the immigrant spouse may be subject to removal from the country. 

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Posted on in Immigration

DuPage County fiance visa attorneyIf a U.S. citizen wishes to bring a foreign national to the U.S. in order to marry him or her, the U.S. citizen may apply for a fiancé visa. A fiancé visa (also called a K-1 nonimmigrant visa) allows a U.S. citizen’s foreign national fiancé to enter and stay in the U.S. for about three months so that the U.S. citizen and foreign fiancé may get married. Once they are married, permanent residence (green card) for the foreign fiancé may be applied for. In addition, if the foreign fiancé has children who are under the age of 21 and are unmarried, the children are eligible for a K-2 nonimmigrant visa. 

If the foreign national fiancé does not marry the petitioner within 90 days of his or her arrival to the U.S., the fiancé status of the visa applicant immediately expires. 

In order to be eligible for a fiancé visa, the petitioner must show that:

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