Family Immigration Attorneys in Coppell

Bringing Immigrant Families Together in Dallas/Fort Worth

Many of the immigrant visas issued annually in the U.S. arise from lawful permanent residents regarding their family members. Because this is such a popular avenue of immigration, there has been a lot of abuse and the family immigration process has become more difficult and complicated. Having a dedicated lawyer on your side can help you and your family seek a successful resolution.

Spousal Petitions

If you are currently married to a U.S. citizen or permanent resident, one of the most popular and easiest ways to immigrate is through a petition from a U.S. citizen spouse. The United States wants its citizens and residents to have the right to marry whomever they choose - whether they are from the U.S. or not. Once married, U.S. citizens can file a petition to allow their spouse to immigrate so the family can be together. If both spouses are already here, they will be allowed to adjust their immigration status to a permanent resident.

However, because of the popularity of this program, there have been thousands of people who have abused the process and gotten married “just for the green card.” USCIS now overcompensates by requiring each married couple to prove they are married and prove that the marriage is bona fide. Essentially, the government does not believe you are married just because there is a marriage certificate. They will require you to overwhelm them with other evidence and many legitimate marriages are denied. Because of the scrutiny that USCIS imposes, many immigrants now use an attorney to help them in this process.

The family petition is only the first step for many people in their quest to immigrate to the U.S. to live with their spouse. After the petition is filed, there are many other steps to take depending on your unique situation. It is also important to make sure that filing the petition is a good idea in the first place.

Fiancé Petitions

A K-1 visa allows a U.S. citizen’s fiancé to enter the U.S. in order to get married. The fiancé and petitioner have 90 days to marry, after which the non-citizen fiancé can apply for permanent residency. The fiancé’s children may also apply for green cards through a K-2 nonimmigrant visa if they are under 21 years of age and unmarried. In addition, a K-3 visa allows those who have already married a U.S. citizen the ability to enter the United States while their immigration petition is pending.

To qualify for a K-1 or K-3 visa, a couple must show the following:

• The petitioner is a U.S. citizen
• The couple intends to get married within 90 days of entering the U.S.
• All parties are legally free to marry, meaning any previous marriages have been annulled or terminated by death or divorce
• The couple has met in-person within the last two years, except when this violates the customs of the fiancé’s country of origin or the requirement would result in an extreme hardship

Because these requirements can be complicated, it may be easier for a couple to marry first and then apply for a spousal petition. This, however, depends on each individual situation. By scheduling an initial consultation with our Coppell attorneys, we will listen to your needs and let you know your best options.