Marriage-Based Petitions

Your Path to a United Future with a Marriage-Based Petition

Introduction

The Marriage-Based Petition is a vital immigration tool for couples looking to reunite and start a new chapter of their lives together in the United States. Whether you are a U.S. citizen or permanent resident, if you’re married to a foreign national, you may be eligible to bring your spouse to the U.S. and live together in this country.
The NIW petition isn’t just a gateway to a new chapter—it’s recognition of the value you bring to a nation striving for innovation and progress. For many, it represents more than a legal status; it’s a chance to achieve personal goals while making a meaningful difference on a larger scale.

The process can be complex, but with the right legal support, you can navigate the application process smoothly, ensuring that your union is honored and that your future together in the U.S. begins as soon as possible.

Take the first step toward bringing your spouse to the U.S. Contact Zhang-Louie PLLC for expert legal guidance in securing your Marriage-Based Petition.

Why Choose a Marriage-Based Petition?

Choosing a Marriage-Based Petition to reunite with your spouse offers several compelling benefits, including the ability to live together in the U.S. and pursue a future in one of the world’s most diverse and opportunity-filled countries.

Here’s why applying for a Marriage-Based Petition is the right choice for many couples:
  • Immediate Family Reunification:

    The Marriage-Based Petition allows couples to reunite quickly. If your spouse is outside the U.S., the visa process enables them to join you and begin a new life together.

  • Work Authorization for Spouses:

    Once your spouse enters the U.S. on a Marriage-Based Petition, they can apply for work authorization, allowing them to contribute to the household and their career.

  • Path to U.S. Permanent Residency:

    A Marriage-Based Petition can pave the way for your spouse to eventually apply for a Green Card and become a permanent U.S. resident.

  • No Limitations on Age or Skillset:

    There is no age requirement for the spouse, and unlike other visa categories, the Marriage-Based Petition doesn’t require your spouse to demonstrate specific skills or qualifications.

  • Expedited Processing for U.S. Citizens:

    U.S. citizens who apply for a Marriage-Based Petition for their spouses often enjoy quicker processing times.

If you want to start a life together in the U.S., a Marriage-Based Petition is the ideal solution to help bring you and your spouse closer.

Who Qualifies for a Marriage-Based Petition?

To qualify for a Marriage-Based Petition, certain requirements must be met by both the U.S. citizen or permanent resident petitioner and the foreign national spouse.

Key Requirements for a Marriage-Based Petition:

  • Legal Marriage:

    The couple must be legally married, and the marriage must be recognized under the law. This is fundamental to the visa application.

  • U.S. Citizenship or Permanent Residency:

    The petitioner must be a U.S. citizen or permanent resident. U.S. citizens often experience faster processing times.

  • Proof of a Bona Fide Marriage:

    You must prove that your marriage is genuine and not entered into for the sole purpose of immigration. This includes providing evidence such as joint financial documents, photos, communications, and testimonies.

  • Admissibility:

    The foreign national spouse must be admissible to the U.S., meaning they must not have a history of criminal activity, visa violations, or health-related issues that would disqualify them from entry.

Navigating these requirements can be complex, but an experienced immigration attorney can ensure your application is complete and compelling.

How a Marriage-Based Petition Lawyer Can Help: The Zhang-Louie PLLC Advantage

The Marriage-Based Petition process involves several steps, and any mistake or oversight can delay your application or jeopardize your chances of approval. Working with an experienced immigration lawyer can ensure that everything is handled smoothly and in compliance with U.S. immigration laws.

Here’s how Zhang-Louie PLLC can assist you throughout the Marriage-Based Petition process:
  • Preparation of Application:

    We ensure that your application is filled out correctly and contains all the required documentation, including proof of a genuine marriage.

  • Evidence Compilation:

    We assist in gathering the necessary supporting evidence to demonstrate the authenticity of your marriage, such as joint tax returns, bank statements, and other proof of shared life.

  • Interview Preparation:

    The Marriage-Based Petition application process often includes an interview with USCIS. We help prepare you and your spouse for the interview, ensuring that you both feel confident and ready.

  • Dealing with Complex Cases:

    If there are any complicating factors, such as prior visa overstays, criminal issues, or questions about the legitimacy of the marriage, we work with you to address them appropriately.

  • Post-Approval Guidance:

    After approval, we can assist in adjusting your spouse’s status to permanent residency or Green Card holder, making sure they are able to remain in the U.S. long-term.

By partnering with Zhang-Louie PLLC, you gain access to experienced legal support throughout every stage of the Marriage-Based Petition process.

Contact us today for a consultation and let us help you reunite with your spouse.

The Marriage-Based Petition Application Process

Applying for a Marriage-Based Petition involves several critical steps, each requiring detailed documentation and careful preparation to increase your chances of approval. Here’s what you can expect:
  • Petition Submission:

    The U.S. citizen or permanent resident spouse submits a petition (Form I-130) to USCIS to initiate the process of bringing their foreign spouse to the U.S.

  • Approval of the Petition:

    Once USCIS approves the petition, the foreign spouse can apply for an immigrant visa at a U.S. consulate in their home country (if they are abroad), or adjust their status if already in the U.S.

  • Visa Interview:

    The foreign national spouse will attend an interview at the U.S. consulate or embassy. Here, they must provide additional evidence of the marriage’s authenticity and undergo a medical examination.

  • Visa Issuance:

    If the consulate is satisfied with the application and interview, the Marriage-Based Petition is issued, allowing the spouse to enter the U.S. and begin the process of obtaining a Green Card.

  • Adjustment of Status (if applicable):

    If the spouse is already in the U.S. on another visa, they can apply for an adjustment of status to become a permanent resident. This process involves submitting additional forms and attending a USCIS interview.

Our team at Zhang-Louie PLLC will guide you through each step, ensuring that your application is strong and well-prepared for success.

Common Challenges in Marriage-Based Petition Applications

While the Marriage-Based Petition process is straightforward for many couples, there are some common obstacles that applicants may face. Understanding these challenges and how to overcome them is essential to a successful application.

Here are some common challenges:
  • Proving a Bona Fide Marriage:

    USCIS scrutinizes Marriage-Based Petition applications to ensure that marriage is genuine. The burden of proof is on you to provide sufficient evidence that your marriage is real and not just for immigration purposes

  • Previous Immigration Violations:

    If the foreign spouse has overstayed a visa or violated U.S. immigration law in any way, this can complicate the application process. We can help address these issues and find solutions to ensure a smoother application.

  • Unclear or Incomplete Documentation

    Failing to provide complete and accurate documentation can delay the process. We ensure that all forms and supporting documents are properly filled out and submitted.

  • Medical and Criminal Issues:

    A medical exam or criminal background check can pose challenges. Our team will help you navigate these issues and ensure that you meet the necessary requirements.

Zhang-Louie PLLC offers expert legal guidance to help you avoid these pitfalls and successfully navigate the process.

FAQs About Marriage-Based Petitions

Here are answers to some of the most common questions about the NIW petition process. Whether you're just starting or already considering applying, this information will help clarify key aspects of the process

A Marriage-Based Petition allows U.S. citizens or permanent residents to bring their foreign spouses to the U.S. and live together. The visa grants the foreign spouse temporary or permanent residency depending on their circumstances.

The processing time varies, but typically it takes 10 to 12 months for USCIS to approve the petition. Additional processing at a U.S. consulate or embassy may add time to the process.

Unlike other types of petitions, your spouse who is the beneficiary can apply for work authorization and travel permit after applying for adjustment of status based on the marriage-based petition right away.

Yes, children under 21 and unmarried can accompany you on a Marriage-Based Petition. They will be classified as dependents.

Yes, a Marriage-Based Petition often provides a pathway to permanent residency (Green Card). If they are outside of the U.S., they would receive their Green Card after entering the U.S. If they are already inside the U.S., then they would apply for adjustment of status, which would allow them to receive their green card at the same time that the marriage-based petition is approved.

If you have more questions or are ready to start your journey,
Contact Zhang-Louie PLLC today for expert guidance.

Conclusion: Reunite with Your Loved One Today

The Marriage-Based Petition process is the first step in reuniting with your spouse and building a future together in the U.S. With the help of an experienced immigration attorney, you can ensure the process is completed smoothly and efficiently.

At Zhang-Louie PLLC, we specialize in guiding couples through the Marriage-Based Petition process. Our team is here to help you navigate the paperwork, meet the legal requirements, and prepare a strong case for your application.

Don’t wait to take the next step

Contact Zhang-Louie PLLC today to schedule a consultation and begin your journey toward success with confidence. Let us help turn your vision into reality.