Spouse Visa Lawyers in Laredo

Trusted Spousal Immigration Lawyers in Laredo

We understand that the spouse immigration process can feel daunting and complex. As seasoned attorneys, we bring our extensive knowledge and experience to the table, breaking down the steps into manageable pieces and guiding you through each one.

Our lawyers can aid in:

• Form I-130 Preparation: We provide guidance in filing out Form I-130, ensuring that all relevant information is accurately captured and that the form is submitted correctly.
• Documentation Assistance: We assist in gathering all the necessary supporting documents required for your case. This includes helping clients understand what documents are needed, how to obtain them, and ensuring they are submitted in the correct format.
• Form DS-260 Completion: We help our clients complete Form DS-260, ensuring that it complies with all the requirements put forth by the National Visa Center.
• Interview Preparation: We can provide comprehensive support for the visa interview, potentially offering practice sessions, reviewing potential questions, and giving advice on how best to present your case.
• Case Management: We can manage the entire case from start to finish, monitoring the progress and keeping our clients informed at every step. This includes responding to requests for additional evidence or information from U.S. Citizenship and Immigration Services or the National Visa Center.
• Advocacy and Representation: In the event of unexpected hurdles or complications, our attorneys provide representation, advocating for our clients and offering legal solutions to challenges.

At Cardenas & Rodriguez, our firm is prepared to take on the challenges of immigration law. We are committed to providing our clients with the personalized attention they deserve, and we will fight to support your family’s immigration goals. We know that family is important to you, and it is our goal to help you stay together.

Types of Spouse Visas

When applying for a spouse visa, there are different options depending on how long the couple has been married and their specific situation. Here are the main types:

• IR1 Visa:
  This is for spouses of U.S. citizens who have been married for more than two years. With this visa, the immigrant spouse is granted permanent resident status immediately upon entry into the U.S.
• CR1 Visa:
  The CR1 visa is for spouses of U.S. citizens who have been married for less than two years. This visa grants conditional permanent residency, and the spouse must apply to remove the conditions after two years.
• K-3 Visa:
  The K-3 visa allows the foreign spouse of a U.S. citizen to enter the U.S. while waiting for the completion of the immigration process. This visa is typically used when there are delays in processing the immigrant visa.

Eligibility Requirements for Spouse Immigration

To successfully apply for a spouse visa, both the U.S. citizen or permanent resident petitioner and the foreign spouse must meet certain eligibility requirements:

• For the U.S. petitioner:
  The petitioner must be a U.S. citizen or a lawful permanent resident, and they must provide evidence of their legal status. They must also prove that they can financially support their spouse.
• For the foreign spouse:
  The foreign spouse must meet the age and legal status requirements. They will also undergo background checks, including criminal and security clearances.
• Bona Fide Marriage:
  It’s crucial to show that the marriage is genuine and not entered solely for immigration purposes. Evidence like photos, joint financial records, or affidavits from friends and family can help establish this.

Common Challenges in Spousal Immigration Cases

The spousal immigration process can come with its challenges. Here are a few common ones:

• Delays in Processing:
  Visa processing times can vary, and delays are not uncommon. It’s important to stay informed and prepare for potential waiting periods.
• Request for Evidence (RFE):
  Sometimes, USCIS or the National Visa Center may request additional documentation or information. It’s vital to respond promptly and accurately to avoid delays.
• Background Issues:
  Past immigration violations or criminal history can complicate the process. Addressing these issues early on, with the help of an experienced immigration attorney, is essential.
• Inadmissibility:
  Certain issues, like health problems or past criminal convictions, may lead to inadmissibility. An attorney can help navigate these challenges and potentially seek waivers where applicable.

Frequently Asked Questions (FAQ)

• How long does the spousal immigration process take?
  The spousal immigration process typically takes anywhere from 10 months to over a year, depending on various factors like the type of visa, processing times at USCIS, and the U.S. embassy or consulate. Delays and requests for additional information can extend this timeline.
• Can I work while my spouse's immigration petition is pending?
  If you are in the U.S. on a K-3 visa or if your spousal visa has been approved and you're waiting for a green card, you may be eligible to apply for work authorization. However, the IR1 and CR1 visa holders will need to wait until they arrive in the U.S. before they can work legally.
• What happens if my spousal visa is denied?
  If your visa is denied, you will receive an explanation from the consular officer or USCIS. The denial could be based on missing documents, issues with the application, or concerns about the legitimacy of the marriage. In some cases, you may be able to appeal or reapply after addressing the issues.
• Can I apply for a spousal visa if my spouse has children from a previous relationship?
  Yes, your spouse’s children can also be included in the visa process as derivative beneficiaries, provided they are under the age of 21 and unmarried. You will need to include their information in the application and submit necessary supporting documents.
• Do I need to be married for a certain amount of time to apply for a spousal visa?
  No, you do not need to be married for a specific amount of time to start the spousal visa process. However, if you’ve been married for less than two years, your spouse will receive a conditional permanent residency status (CR1), which requires additional steps to remove conditions after two years.
• What is the difference between adjustment of status and consular processing?
  • Adjustment of Status: This option is available if you are already in the U.S. and want to change your status to a lawful permanent resident (green card holder) without leaving the country.
  • Consular Processing: This option is for spouses who are outside the U.S. and must apply for an immigrant visa at a U.S. consulate in their home country before entering the U.S.
• Can my spouse enter the U.S. on a tourist visa while waiting for a spousal visa?
  It’s generally not advisable for someone to enter the U.S. on a tourist visa if they intend to immigrate as a spouse. Doing so can be seen as visa fraud, as the tourist visa is for non-immigrant purposes. Always consult an immigration attorney before making such a decision.

Ready to start the visa process? Contact us now at (956) 450-7951 and get experienced legal guidance every step of the way. We speak spanish!