For those wondering “If I have a U visa, can I get married?” At Urbina Immigration Law we bring you the answer.
The first thing to clarify is that, since this is a temporary visa granted to victims of certain crimes who have cooperated with the authorities in the investigation or prosecution of such crimes, you can get married if you have a U visa without major inconveniences. However, there are particular cases in which this may affect your immigration status.
If you are wondering how to get married without affecting your immigration status, Urbina Law can help you. Our specialized immigration attorneys have the experience and knowledge necessary to guide you through the process smoothly. You can also subscribe to our newsletter to keep up to date with the latest news.
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What are the legal requirements to get married if I have a U Visa?
The U visa is a temporary visa available to victims of certain crimes who have suffered physical or psychological abuse and have assisted law enforcement in the investigation or prosecution of the crime. So, for all those who ask us “Do I have a U visa, can I get married?” The answer is, yes. If you have a U Visa you can get married in the U.S., but there are some requirements you must meet.
In general, the legal requirements for getting married if you have a U Visa are the same as for any other foreign national wishing to marry in the United States. You must meet the age and mental capacity to marry requirements of the state where you reside and obtain a marriage license from the same state.
In addition to these general requirements, if you are a foreign national wishing to marry in the United States, you will need to submit additional documentation to prove your identity and immigration status. This may include a copy of your U Visa, your passport and any other documents required by the state where you plan to get married.
So, when asking the question “If I have a U visa, can I get married?”, keep in mind that requirements may vary from state to state and it is important to check local regulations and the specific marriage requirements of the state in question.
If you have specific questions about your circumstances, it is a good idea to consult with an experienced U.S. immigration attorney. At Urbina Law we can help you, contact us at 770-746-6659.
Do I have to fill out any special U.S. Citizenship and Immigration Services forms to get married if I have a U Visa?
In general, you can get married if you have a U visa without having to fill out a special U.S. Citizenship and Immigration Services (USCIS) form. It allows temporary residence and work in the United States, and has no specific restrictions on marriage in the country.
However, if you are seeking to obtain a more permanent immigration status through marriage, you may need to fill out forms and follow certain processes. For example, if you marry a U.S. citizen and wish to apply for permanent residence, you must file an immigrant petition for your spouse using Form I-130, among other documents and forms.
Can I add my partner to my U visa application?
For those who constantly ask us “If I have a U visa, can I get married?”, it is important to keep in mind a few details. For example, you should know that you can add your partner to your U visa application, as long as you do so before your application is officially approved.
In addition, you do not need to be married at the time you apply for a U visa to be able to add your new partner, but you can get married at any time before your U visa is approved.
In this way, your partner will be able to apply inside or outside the U.S. with the same benefits that would be given to you, and eventually have access to permanent residency.
This possibility of adding her as a derivative within the U visa is a good option because it allows her derivative a faster path to a work permit if her case is already approved or is about to be approved.
What happens if I get married after your U visa approval?
As we have been clarifying, the answer to the question “I have a U visa, can I get married?” depends on your situation. If you married after acquiring the U visa, you will have to wait until it is time to become a permanent resident to add your partner.
In these cases, the best option is to begin the I-929 (Acquired Post-Status Partner-Acquired Post-Status Relative) process.. The I-929 process is most beneficial because your family member will be able to benefit from the U visa waivers even if you are adding him or her to the U visa at the time of becoming a resident.
These are discretionary, but broad, waivers that could be useful if your partner already has immigration violations that would not be possible to fix through a normal family petition.
In addition, this process is also the fastest process for permanent residency for your new partner because, when your residency is approved, the Immigration Department can make a decision in favor of your new partner.
How can marriage affect my immigration status if I have a U visa?
In response to the fear that arises with the question “I have a U visa, can I get married?”, it is necessary to answer that, as we have already said, the ways in which getting married can affect your immigration status vary from case to case. Therefore, here are some possible scenarios and how they may affect your immigration status.
Marriage to a U.S. citizen
If you are a U visa beneficiary and marry a U.S. citizen, you may be eligible to apply for permanent residency through marriage.
To do so, the citizen spouse must file an immigrant petition on your behalf using the Form I-130. In addition, you will need to file other forms and documents, including an application for adjustment of status if you are currently in the United States.
Once the I-130 petition is approved and the adjustment of status process is completed, you will receive a permanent resident card, also known as a Green Card.
In cases like this you can apply for a K-1 visaa temporary visa for fiancé(e) of U.S. citizens who wish to enter the U.S. to marry. Once the couple marries, the foreign spouse may apply for adjustment of status to obtain permanent residence in the United States.
Please note, however, that marriage to a U.S. citizen alone does not guarantee permanent residency or citizenship; other requirements must also be met.
It is a process that can be long and complex, in which you must prove that your marriage is genuine and is not being used as a means to obtain a Green Card.
Marriage to a permanent resident or someone with a temporary immigration status
If you marry a permanent resident or someone with a temporary immigration status, such as a work or student visa, your immigration status as a U visa beneficiary will not be affected. However, marriage does not automatically guarantee permanent residency or citizenship.
If you are seeking to obtain a more permanent immigration status through marriage, you will need to follow the proper processes and requirements, how to file an immigrant petition and meet the eligibility requirements.
In some cases, you may need to leave the United States and apply for an immigrant visa through consular processing in a foreign country. If you or someone you know would like help with this delicate process, please call our office at 770-746-6659.
Marriage and residence outside the United States
If you marry someone who lives outside the United States and wish to join him or her abroad, you may need to apply for an immigrant visa to enter the country. If you have a U visa, you may be able to apply for permanent residency through consular processing outside the United States. outside the United States.
It is important to keep in mind that the immigrant visa application process can be complex and that there are certain requirements that must be met. In addition, the application may be denied if you cannot prove that you are married and that your marriage is genuine.
Marriage to someone involved in the crime that gave rise to your U Visa
If you marry someone who was involved in the crime that gave rise to your U Visa, this may have a negative impact on your immigration status.
Please note that the U Visa is granted to victims of certain crimes who have cooperated with the authorities in the investigation or prosecution of those crimes. If you marry someone who was involved in the wrongdoing in question, there may be questions about your cooperation with the authorities and the authenticity of your case.
If you find yourself in this situation, it is important to seek the advice of an immigration attorney as soon as possible. An experienced attorney can help you understand your options and determine the best course of action.
Don’t risk your future together! Contact us today at 770-746-6659 and let our immigration attorneys help you secure your immigration status.
Divorce while awaiting U visa approval
If the spouses divorce before the visa is officially approved, the family member in question may be removed from the case. This could make you ineligible to apply for a U visa and, therefore, be denied.
If he is a “son” or “brother” of the primary victim, he may also be removed from the case by marrying.
In some cases, you could even face deportation if you cannot prove that your marriage was genuine and was not used as a means to obtain permanent residence.
In summary, when faced with the question “If I have a U visa, can I get married?”, the answers vary depending on your situation. If you find yourself in any of these situations, it is important to seek the advice of an immigration attorney as soon as possible. An experienced attorney can help you understand your options and determine the best course of action.
Do you have questions about the marriage process and how it may affect your immigration status? Contact Urbina Law at 770-746-6659.