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U.S. citizens can bring their foreign spouses to the United States using two different visa options: IR-1/CR-1 or a K-3 marriage visa. A CR-1 is an immigrant visa suitable for couples married for less than two years. An IR-1 is another immigrant visa appropriate for couples married for more than two years.

A K-3 marriage visa is also referred to as a nonimmigrant visa. It allows a foreign spouse of a U.S. citizen to travel to the United States and await an immigrant visa to be issued. Two petitions are usually required for a K-3 visa, and we will cover both options with you. We can help you bring your spouse to the United States with an appropriate visa option.

What is a Fiancé Visa?

A fiancé visa (K-1 visa) is not related to a marriage visa such as the CR-1, IR-1, or K-3. Engaged couples who want to get married in the United States can use a fiancé visa. It allows a U.S. citizen and a foreign-born citizen to get married within 90 days.

Compared with any marriage visa, fiancé visas are quicker alternatives as they often get issued in five to seven months. We help you file a petition and submit all necessary paperwork and documentation to the United States Citizenship and Immigration Services (USCIS) for processing.

What is the Required Documentation for a Spouse?

A foreign spouse must be married to a U.S. citizen with a green card or lawful permanent residency (LPR) status to come to the United States. The required documentation for a foreign spouse includes the following:

• A completed Form I-130
• Copy of a marriage certificate
• Copy of any divorce decrees, death certificates, or annulment decrees
• Passport
• Evidence of all legal name changes

U.S. citizens must be able to prove legal status with a valid passport, birth certificate, or other similar forms of identification, as well as proof of a green card. There are many requirements to follow, and we will walk you through the checklist.

Can My Spouse Come to the United States with a Pending Visa?

If your spouse is a foreign citizen and you are a United States citizen, you can file a Form I-130 so that your spouse is eligible to apply for a nonimmigrant K-3 visa. This will allow your spouse to come to the United States to live and work while the visa petition is pending.

It can take anywhere from seven to 24 months for the USCIS to process and approve “spousal sponsorship.” We will ensure you fill out the proper forms and complete the application process.

Contact our law firm to schedule a consultation and discuss legal strategies and marriage visas to bring your spouse to the United States. Speak with our experienced immigration attorney: 408-402-4967.

The Violence Against Women Act (VAWA) is a federal law that allows abused and battered women to petition for legal status in the United States without relying on their abusive spouse or another U.S. citizen to sponsor their green card. In other words, a woman can pursue a lawful permanent residency (LPR) in the United States independently and without the help of their abuser, which is a requirement under normal circumstances.

VAWA cases can take anywhere from 16 to 21 months to resolve. The role of our attorneys is to ensure the court has enough evidence to approve your petition.

Am I Eligible for a VAWA Self-Petition?

If you are a spouse or former spouse of an abusive U.S. citizen or LPR, we must be able to help you prove that you are a victim of extreme cruelty or domestic assault and battery to proceed with a VAWA self-petition. Your eligibility depends on some of the following criteria:

• Proof that you married your spouse in good faith
• Proof that you are married to a U.S. citizen or LPR and they are abusive toward you
• Proof that your spouse lost legal status due to a domestic violence incident
• Proof that your marriage was legally terminated by death
• Proof that your spouse abused your children or family members
• Proof that you are a person of good moral character

We will discuss other requirements with you as part of our consultation.

What Should Be Included in a VAWA?

A VAWA petition is a personal account of your experience with an abusive spouse, as the court will demand supporting evidence before making a decision. Our attorney ensures intimate details are included regarding you and your spouse—from how you met to how your relationship developed to why you got married. We will also have the types of abuse you and your children or family members experienced and when the abuse occurred.

The second part of a self-petition is filling out Form I-360, a petition specifically for individuals pursuing a green card based on marriage without a spouse’s help.

Can an Immigration Attorney Help My Chances?

United States Citizenship and Immigration Services (USCIS) must have written evidence and proof of abuse before granting a woman consideration for LPR. Abused women seeking a green card without the help of an abusive spouse must also be eligible first.

As most cases take months to resolve, we can improve your chances of success by gathering the necessary information and details to appease the court. Anytime a VAWA petition is rejected because of a lack of evidence, such as medical or police records or other documentation proving assault and battery.

We will ensure you can back up your claims and prove abuse. Contact our firm to get started: 408-402-4967.

Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident (LPR) after three years if you are married to a U.S. citizen or five years. Once a person becomes a U.S. citizen through the naturalization process, they cannot be deported, nor can citizenship be taken away.

There are some exceptions to this, however, and denaturalization is possible if a citizen received citizenship when they were not eligible or if they committed fraud to attain U.S. citizenship.

Can a Naturalized Citizen Be Deported?

A naturalized U.S. citizen is an individual that has been granted citizenship or permanent and indefinite residency in the United States. Unless there are extenuating circumstances, a naturalized U.S. citizen is a U.S. citizen and is no longer at risk of deportation.

Denaturalization is the process in which a person is stripped of their citizenship status. The grounds for this include an illegal or fraudulent naturalization process, the conviction of criminal activity, dishonorable military discharge, and dual citizenship in another country, to name a few examples.

If you are facing denaturalization and possible deportation, do not hesitate another minute, pick up the phone and contact our immigration attorney.

What Rights Does a Naturalized Citizen Have?

Naturalized citizens are U.S. citizens and share many of the same rights and responsibilities. This includes the right to vote, access to government benefits, and the ability to get a job in the public sector. Another advantage of becoming a naturalized citizen after fulfilling a lawful permanent residency is that U.S. citizens can no longer be deported, with some exceptions.

The only rights naturalized citizens do not have are the right to run for the Office of President or Vice President of the United States. They may run for public offices, such as mayor, school board, or city council.

How Do I Apply for Naturalization?

Our attorneys can help you apply for naturalization and fulfill your dreams of becoming a permanent U.S. citizen. To apply for naturalization and become a U.S. citizen, you must meet the following requirements:

• Be at least 18 years old
• Have proof of being a lawful permanent resident for 3-5 years, depending on the specifics of your case
• Be able to speak, write and read English
• Show good moral character
• Demonstrate knowledge of U.S. history and government and loyalty to the U.S. Constitution
• Be willing to take the Oath of Allegiance to the United States

If you are applying for naturalization or facing denaturalization and other issues regarding your U.S. citizenship, contact our immigration attorney for immediate assistance. Call our offices today: 408-402-4967.

A parent with a green card can sponsor a child that is 21 years or older. Children over 21 are also known as unmarried “sons or daughters,” per immigration law. To sponsor their child, green card holders must file a visa petition with the help of an immigration attorney. Our law firm helps parents prepare and submit Form I-130 to U.S. Citizenship and Immigration Services (USCIS), a vital tool in the sponsorship process.

There are many supporting documents as part of the filing process and fees, and if more than one child is involved, green card holders must fill out an additional I-130 form. Our firm handles all necessary paperwork to avoid mistakes and ensure success.

How Long Does Sponsorship Take?

There are many variables involved in sponsorship that impact processing times. Generally, it takes longer for unmarried sons and daughters to get approval. On average, it could take three to four years.

Approval depends on whether the parent is a U.S. citizen, a lawful permanent resident, or a green card holder. How long a sponsorship case takes also depends on the location where it is being processed and where the interview will take place.

Our attorneys work with parents and children to navigate the sponsorship process, accurately file paperwork, and overcome obstacles as they arise to achieve citizenship.

Are there Liabilities to Sponsoring a Child Over 21?

There are responsibilities and liabilities involved in being a sponsor. Once a parent signs an affidavit of support on behalf of a child, they automatically assume legal and financial responsibility.

For instance, parents are financially responsible for their children until they become U.S. citizens or are credited with 40 quarters of work—whichever comes first. Parents must maintain at least 125 percent of the U.S. poverty line based on household size.

If a sponsor isn’t providing financial support according to immigration law, a child might be able to sue. We ensure you are aware of your rights and responsibilities related to sponsorship to avoid legal trouble involving your obligations.

What are the Challenges Associated with Sponsorship?

One of the most frustrating aspects of sponsorship is approval time. Limited visas are available for immigrants overall, and unmarried sons and daughters fall into the preference category. Compared with immediate relatives, this is not a priority category. Because more people seek visas than are available, a continuous backlog prevents more people from becoming U.S. citizens sooner.

We don’t want our clients to waste years of their lives or money spinning their wheels in the immigration system. Contact our immigration attorneys to protect you, your rights, and your family: 408-402-4967.