Somerset County Marriage & Fiancé Visa Lawyer

Compassionate Immigration Lawyer in Old Bridge Serving Clients Nationwide Somerset County Fiance Visa

Are you currently a citizen of the United States who is looking into options for your foreign fiancée to join you for marriage? At the Law Office of Laurie Y. Wu, LLC, we are able to handle any immigration-related matter related to K-1 fiancée visas. A K-1 visa allows you to bring your fiancée to the United States for a period of 90 days in order to get married. Once you have been married, your spouse is able to apply for adjustment of status to obtain legal permanent resident status. During this happy time in your life, we would be honored to provide legal guidance.

Request an appointment by contacting us online or calling (732) 629-8033.

Approval for a K-1 Fiancé Visa

Every person seeking a K-1 fiancée visa must abide by certain requirements before filing an I-129F petition with the United States Citizenship and Immigration Services (USCIS). Once USCIS approves the petition, the case is forwarded to the National Visa Center for background checks on the foreign fiancée and then to the U.S. Embassy or Consulate of fiancée’s country for an interview.

Basic requirements to apply for a K-1 fiancée visa include:

  1. You are an eligible United States citizen;
  2. You have physically (in person, at the same location) met your fiancée within the two years immediately before filing the petition;
  3. You and your fiancée are legally free to be married; AND
  4. You and your fiancée have both have serious intentions to marry within 90 days of your fiancée’s admission in the United States.

For the physical meeting requirement listed above, you may apply for an exception if compliance would result in extreme hardship to you (the petitioner) or violate strict and long-established customs of your fiancée’s foreign culture or social practice and that any and all aspects of the traditional arrangement have been or will be met in accordance with the custom or practice. These exceptions are extremely difficult to attain.

Applicants who meet the basic filing requirements above are not guaranteed a K-1 fiancée approval. One of the most common reasons K-1 visas are denied is a finding of a lack of a bona fide relationship, such that the couple failed to convince the consular officer that they have a genuine relationship. Other common reasons for a K-1 denial are when the United States citizen and/or the foreign fiancée have certain criminal convictions and when the foreign fiancée has committed material fraud or misrepresentation on their current or prior visa applications.

Approval for a Marriage Visa (Spouse Visa)

Unlike the K-1 fiancée visa reserved for only United States citizen filing for their fiancées, marriage visas (also known as spouse visas) can be filed by both United States citizen and Unites States legal permanent residents for their spouses. Before filing the spouse visa petition, the couple must first get married and the marriage can occur in any country, as long as the marriage is considered as a legal marriage in that country.

The procedures for a spouse visa are similar to a fiancée visa, such that the petition will also be processed by the same three U.S. government agencies: USCIS, National Visa Center and U.S. Embassy/Consulate. Although both visa types are processed by the same agencies, the specifics procedures are slight different for the two visa types. A couple of notable differences between the spouse visa and fiancée visa include the following:

  1. The spouse visa is a one-step process such that after spouses enter the United States on a spouse visa, they automatically gain legal permanent resident status the moment their passports are stamped and then they automatically wait for their green cards in the mail. The fiancée visa is a two-step process such that after fiancées enter the United States on a fiancée visa, they must get legally married within 90 days and then apply for adjustment of status to obtain their legal permanent resident status.
  2. The processing time for a fiancée visa is generally quicker than a spouse visa. Fiancée visas usually take about 6 to 8 months, which is from the time of USCIS filing to the final consular interview. Spouse visas filed by United States citizens usually take about 10 to 12 months, which is from the time of USCIS filing to the final consular interview. Spouse visas filed by legal permanent residents usually take about 2 years.

Attorney Wu Speaks Mandarin Chinese, Cantonese Chinese & Hakka Chinese

At the Law Office of Laurie Y. Wu, LLC, we can address the legal questions that you may have bringing your future fiancée and spouse to the United States. We can guide you through the process of establishing the validity of your marriage and gathering the appropriate paperwork and documentation. It may seem simple to obtain a marriage and fiancée visa but the reality is more difficult.

Be assured that your situation is in good hands with our firm. Contact (732) 629-8033 to schedule a consultation.

What to Expect When You Hire

The Law Office Of Laurie Y. Wu, LLC?
  • Nationwide Representation

    We serve clients that are located in all 50 states.

  • Excellent Client Care

    Our firm provides the level of satisfaction you deserve.

  • Urgency with Every Case

    Expect to receive our immediate attention when you need us.

  • Compassionate Advocacy

    We take a caring approach to immigration law.