Family Visas Attorney in Gaithersburg, MD

Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children under 21 of U.S. citizens
• Parents of U.S. citizens (if the citizen is over 21)

There is no minimum age requirement for a U.S. citizen petitioning to bring a foreign spouse to the United States. However, the citizen must be 18 or older to sign an affidavit of support and must have a residence in the United States.

Family preference categories are subject to annual caps and waiting lists. These include married children of U.S. citizens, siblings of U.S. citizens, and all relatives sponsored by Lawful Permanent Residents (spouses and unmarried children). Each preference category has a "priority date," which is the date USCIS received the I-130 petition. The Department of State publishes a monthly Visa Bulletin showing which priority dates are current. 

We monitor the Visa Bulletin and advise clients on when their priority date is likely to become current, which can take anywhere from months to years, depending on the category and the beneficiary's country of origin.

Fiancé(e) Visas (K-1) and Spousal Visas (K-3)

For U.S. citizens engaged to foreign nationals, the K-1 fiancé(e) visa provides a pathway to bring a partner to the United States for marriage. The K-1 visa allows the fiancé(e) to enter the United States for 90 days to marry the petitioner and then apply for Lawful Permanent Resident status. If the marriage does not occur within the 90-day period, the visa holder is subject to removal proceedings.

To qualify for a K-1 visa, the couple must prove they have met in person within the last two years and intend to marry within 90 days of the beneficiary's arrival. We help couples demonstrate the bona fides of their relationship by organizing evidence of correspondence, visits, shared finances, and future plans. We prepare couples for the scrutiny of consular interviews, where officers assess whether the relationship is genuine and authentic.

The K-3 visa is available to foreign spouses who are already married to U.S. citizens, and the K-4 visa is available to the unmarried children of the foreign spouse under 21. The K-3 visa is valid for two years and can be extended indefinitely as long as the marriage remains ongoing. K-3 holders can work and travel in and out of the United States.

Important: Immigration law defines a spouse as a legally wedded husband and wife. Cohabitation does not create a spousal relationship for immigration purposes. In polygamous marriages, only the first spouse qualifies under the law. Common law marriages recognized under the laws of the country where the marriage occurred may qualify.

Adjustment of Status & Removal of Conditions

Once a K-1 visa holder marries the U.S. citizen petitioner, or for beneficiaries of approved I-130 petitions who are already in the United States, the next step is to adjust their status (Form I-485) to obtain a green card. This process includes a USCIS interview, during which officers assess the validity of the marriage to prevent fraud.

If the marriage is less than two years old at the time the green card is approved, the beneficiary receives conditional permanent residence, valid for two years. Before the two-year anniversary, the couple must file Form I-751, Petition to Remove Conditions on Residence, to prove the marriage remains viable. We guide couples through this process, assembling evidence of joint financial accounts, shared property, children born to the marriage, and other documentation showing the marriage is genuine.

Consular Processing & Inadmissibility Waivers

When a family member is outside the United States, the final stage of the immigration process occurs at a U.S. Embassy or Consulate in their home country. This is called consular processing. The beneficiary completes Form DS-260, undergoes a medical examination, obtains police certificates, and attends a visa interview.

During this process, consular officers review the applicant's history for grounds of inadmissibility, including prior criminal convictions, immigration violations, unlawful presence in the United States, or misrepresentations on previous visa applications. If a ground of inadmissibility exists, the applicant may be eligible for a waiver.

Common waivers include:

• I-601 waiver. For applicants with specific grounds of inadmissibility, including criminal convictions or fraud.
• I-601A provisional unlawful presence waiver. For applicants who accrued illegal presence in the United States and are the spouses or children of U.S. citizens or Lawful Permanent Residents.

Waivers often require proving that a qualifying U.S. citizen or Lawful Permanent Resident spouse or parent would suffer "extreme hardship" if the applicant were denied entry. We craft legal arguments and assemble supporting documentation, such as medical records, psychological evaluations, and financial statements, to demonstrate the severity of the hardship.

Navigate family immigration and inadmissibility issues with our Gaithersburg, Maryland family visas attorney. Contact Fatemi Law at (301) 857-4914 or reach us online to discuss your case.