Marriage Immigration Lawyer (K-1 Visa & K-3 Visa)
If you are engaged to or married to a foreign citizen, there are several ways you can bring your loved one to the United States. For many people, it makes sense to work with a San Francisco marriage immigration lawyer who understands U.S. immigration law and who can answer your questions, fill out and file your paperwork, and be with you every step of the way.
Bringing a fiancé or spouse to the United States is one of the most meaningful, and sometimes most complicated, steps a couple can take. U.S. immigration rules for marriage visas and fiancé visas involve multiple agencies, strict documentary requirements, and evolving timelines. A knowledgeable marriage green card lawyer can guide you through the best visa options, explain requirements clearly, and help you choose the most efficient path based on your relationship history, your partner’s location, and your long-term plans.
Working with an attorney also ensures that your forms are complete, your evidence is properly organized, and that you avoid common mistakes that can delay or jeopardize your case. At Warren Law Firm, we help couples navigate these processes with clarity and confidence, whether they are pursuing a K-1 fiancé visa, a K-3 marriage visa, or a marriage-based green card.
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Angela D. Warren
With more than 20 years of immigration and business immigration experience, Angela Warren has helped hundreds of individuals, families and businesses.
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About the Marriage Visa, Spouse Visa, and Fiancé Visa
The United States government provides several avenues for people to bring their loved ones into the country to share their lives. If you are an American citizen or a lawful permanent resident of the United States, a knowledgeable marriage immigration lawyer may be able to help you obtain a fiancé visa (K-1), a spouse visa (K-3), or a green card for your partner.
K-1 Visas for Fiancés
If you are an American citizen, you may be able to petition the United States government to bring your fiancé to travel to the United States to get married. To qualify for a fiancé visa (K-1), you must show the government that you and your fiancé intend to get married within 90 days of your fiancé’s arrival in the United States. You must also meet the following requirements:
- You must be a United States citizen
- You and your fiancé must intend to get married within 90 days of their arrival in the U.S.
- Both of you must be legally free to marry (which means you have documentation that shows you’ve legally ended any prior marriages, such as divorce decrees or death certificates)
- You must have met each other in person at least once in the past two years, unless meeting would violate your culture’s social norms or would result in extreme hardship to the U.S. citizen involved in the process.
K-1 visas have become increasingly scrutinized in recent years; it is more important than ever to present a well-documented and persuasive petition. A fiancé visa lawyer can assist you in gathering proof of your relationship, organizing a clear timeline of communication and visits, and preparing thoroughly for your K-1 interview abroad.
Many couples are unaware that minor inconsistencies, such as mismatched dates, insufficient evidence of in-person meetings, or unclear wedding plans, can trigger Requests for Evidence (RFEs) or visa denials. Careful planning early in the process can prevent unnecessary delays. For couples seeking the fastest path to marriage inside the U.S., a strong K-1 filing is essential.
This type of visa is ideal for people who wish to get married in the United States and already have plans in place (or intend to make wedding plans). However, for some people, it makes more sense to get married outside the United States and then apply directly for a green card for the foreign spouse. If you’re not sure what’s right for you, you should talk to a San Francisco immigration attorney who can give you the guidance you need.
CR1 or IR1 Visas for Spouses of U.S. Citizens
If you’re a U.S. citizen who is already married, but your spouse is located outside the United States, you can petition the government for a CR1 or IR1 visa for your loved one. This visa enables your spouse to enter the United States. (After your spouse arrives, they will be eligible for lawful permanent residency, which gets them a green card.)
A CR1 visa is for people who have been married for fewer than two years, while an IR visa is for people who have been married for more than two years. (CR means conditional resident, and IR means immediate relative).
For many couples, CR1 and IR1 visas offer significant advantages over the K-1 process. These visas allow your spouse to enter the United States as a permanent resident, eliminating the need for an additional adjustment of status filing. A marriage green card lawyer can help you determine whether consular processing is the most efficient option based on current processing times, your spouse’s location, and your immigration history.
This process also requires extensive documentation, including proof of a valid marriage, financial sponsorship forms, and civil records, which must be submitted in the correct order to avoid delays at the National Visa Center.
K-3 Visas for People Who Are Already Married
K-3 visas are not the right option for every couple. These visas are for foreign spouses of United States citizens who want to minimize the time they spend living apart while waiting for permanent residence. A K-3 visa is intended as a temporary solution while a green card application is pending.
However, there are a number of better alternatives for many people. That’s because processing time for this visa takes between six and nine months; there’s also a filing fee associated with it. Often, it ends up being an unnecessary step that simply costs you more money.
Please note that it is important that the application for the K-3 visa must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed and the visa has been issued, the spouse can travel to the United States to later begin the processing of the immigrant visa case, which results in the green card. Two petitions are required.
It’s important to know that visas enable someone to enter the country. Visas expire, and they don’t offer any special benefits such as lawful permanent residence. After your spouse has a visa, they can enter the country, but you’ll still have to apply for a green card on their behalf so that they can live and work anywhere in the United States.
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How to Get a Marriage Visa, Spouse Visa, or Fiancé Visa
To start the process of obtaining a marriage or fiancé visa, contact Warren Law Firm to schedule a consultation. By preparing your marriage documentation in advance, you can make the most of our consultation time. As your marriage immigration lawyer, we will evaluate your case and let you know what steps you need to take moving forward, but they generally look similar to the following:
Your attorney will fill out and file the appropriate paperwork with U.S. Citizenship and Immigration Services for you to kick off the process of obtaining a visa for your loved one. If you’re in the United States, your petition stays with USCIS.If you’re located outside the United States, USCIS will forward your petition to the National Visa Center, or NVC, which is part of the U.S. Department of State.
The NVC will evaluate the petition after you pay your processing fees. Then, you’ll complete an affidavit of support and several other required documents.
Don’t worry, though. A marriage immigration lawyer can fill out all the necessary paperwork to get the process rolling. You just have to provide information that helps your lawyer and makes your case to the United States government. Your attorney will be with you every step of the way, too, answering all your questions and ensuring you know what to expect next.
Understanding the difference between a visa and a green card is essential when planning your immigration strategy. While visas permit travel and entry into the United States, they do not provide long-term immigration status. That is why the visa stage is only the first step.
After your fiancé or spouse arrives, the next phase, Adjustment of Status or immigrant visa processing, begins. An experienced marriage immigration lawyer can help you prepare for this transition, ensuring that your financial documentation, relationship evidence, and forms meet USCIS requirements for permanent residency.
What About Green Cards?
After your spouse arrives in the United States, you can begin the process of helping them obtain a green card. A green card enables your loved one to live and work anywhere in the United States, without restriction.
If you have been married for less than two years, your spouse will receive a conditional green card; that means they cannot apply for United States citizenship just yet. However, if you’ve been married for more than two years, your spouse’s green card will not be conditional, and they can apply for citizenship. Applying for green cards and citizenship are two separate processes.
How Do You Get a Marriage-Based Green Card?
Getting a marriage-based green card is a process. It doesn’t happen overnight. Only a United States citizen or lawful permanent resident can petition for a spousal green card. That means the foreign spouse cannot petition the government for themselves (except in very limited circumstances, such as when they are victims of abuse). The person filing the petition for a green card with the United States government is called the sponsor or petitioner. The foreign spouse is called the beneficiary or green card applicant.
USCIS evaluates marriage-based green card applications using a “totality of circumstances” standard. This means no single piece of evidence is decisive; instead, officers assess the overall credibility and consistency of your documentation and interview responses. A marriage green card lawyer can help you compile a compelling evidence package that reflects your daily life together, shared responsibilities, and long-term commitment. Couples with limited joint documents, for example, those who have lived apart due to work or international travel, often benefit from legal guidance to present alternative forms of proof that still demonstrate a bona fide marriage.
For the United States government to approve a green card application based on a marriage, USCIS will attempt to ensure that you are not engaged in a fraudulent marriage, that is, a marriage that you entered just so that someone could get immigration benefits.
To do that, USCIS will ask for a significant amount of documentation that proves your marriage is real. That may include things like joint leases, bank statements from accounts that you share, kids’ birth certificates, shared utility bills, and even wedding invitations and photos from your wedding.
You and your spouse will also have to participate in a green card interview. During this interview, a USCIS official will attempt to verify everything on your application. You and your spouse will be required to answer questions about your marriage, such as where you met, who sleeps on which side of the bed, what activities you enjoy participating in together, and even how your household chores are divided. After you have convinced the USCIS official that your marriage is genuine, the green card application can proceed.
It can take up to 36 months for a marriage-based green card to go through the process with USCIS. That means it’s in your best interest to apply as soon as possible after your marriage. Many people choose to work with an attorney during the green card application process. Generally, people find it easier to have a lawyer answer their questions, fill out and file their paperwork with USCIS, and explain each step of the process as it happens.
Do You Need to Talk to an Attorney About Obtaining a Marriage or Fiancé Visa for Your Loved One?
Although obtaining a marriage visa or fiancée visa can be fairly straightforward, using an experienced immigration attorney can help improve your chances of approval. The entire marriage visa process can take several months to complete.
To take the first steps in obtaining a marriage, spouse, or fiancé visa, like a K-1, K-3, or IR visa, contact Warren Law Firm to schedule a consultation. Our team is always here to answer your questions and provide you with the legal guidance you need to begin moving forward. Whether you are interested in bringing your fiancé to the United States so you can get married or you’re already married and want to bring your spouse home, our law firm can help you and your spouse begin your lives together.
