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Legal Expertise  >  Families & Children

Fiancés (K-1/K-2)

Colorado Immigration Attorney Family Fiance Visa

Fiancé(e)s are eligible to enter the United States in K-1 visa status but must meet various requirements and screening prior to entry. Their children under 21 and unmarried are eligible to enter on K-2 visas. Unlike a permanent resident applicant, a fiancé is NOT married at the time of obtaining a visa and is only eligible if NOT in the United States.

The main requirements are:
1. U.S. citizens only can sponsor a fiancé.
2. U.S. citizen and foreign fiancé must have met in person within the last two years.
3. The U.S. citizen and the foreign fiancé must be eligible and willing to marry.

While fiancé visas may sound simple and straightforward, in many instances they can be difficult to navigate depending on the dating, marital, criminal and immigration history of the foreign or U.S. fiancé, the U.S. Consulate the foreign fiancé is applying through, and if any children are accompanying the foreign spouse. In all instances, timing and procedures are best obtained from and explained ahead of time by an experienced immigration attorney, as well as additional advice regarding other issues that may arise.

If you wish to bring a K-1 fiancé to Colorado or the United States, contact Denver immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 720-432-VISA.

Spouses of U.S. Citizens (K-3/K-4)

Denver Immigration Attorney Family K-3 Spouse Visa

Once married to a U.S. citizen, a foreign national can obtain a temporary K-3 visa. Any children accompanying would enter on a K-4. Similar to a fiancé visa in some ways, the K-3 visa, however, is different in that the couple must already be married and prove a bona fide and legal marriage. A K-3 visa has its advantages and disadvantages especially in terms of timing, costs, and geographic location of the couple.

K-3 visas may be difficult to navigate depending on the marital, criminal, and immigration history of the U.S. citizen spouse or the foreign spouse, the U.S. Consulate the foreign spouse is applying through and if any children are accompanying the foreign spouse. In all instances, timing and procedures are best obtained from and explained ahead of time by an experienced immigration attorney, as well as additional advice regarding other issues that may arise.

If you wish to bring a K-3 spouse to Colorado or the United States, contact Denver and Boulder immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 720-432-VISA.

Spouses, Children of Legal Permanent Residents (V-1/V-2)

Even spouses and children of Legal Permanent Residents can obtain a temporary visa to reunite with the permanent resident, but it only applies to I-130 Petitions filed on or before December 21, 2001. Anyone who filed an I-130 Petition after that date cannot benefit. If you have an I-130 Petition filed by a legal permanent resident spouse or parent on or before December 21, 2001, you may still be eligible and should consult an experienced immigration lawyer if this is the case.

If you wish to bring a V-1 or V-2 LPR spouse or child to Colorado or the United States, contact Denver immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 720-432-VISA.

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Immediate Relatives (Spouse of a U.S. Citizen, Child of a U.S. Citizen, Parent of a U.S. Citizen)

Denver Immigration Attorney FamilyVisa

Filing Papers for Spouse, Child, or Relative of US Citizen

To be an “immediate relative” is optimum because unlike other qualifying relatives and employment-based visas, there is no cap or limit on how many may enter the U.S. This means there is no “waiting in line” for a visa.

Spouse of a U.S. Citizen: One of the most common questions I receive is: How do I get my husband or wife (spouse) a green card? The answer is not always simple because a host of issues may arise in a marriage-based application of this sort, including the timing, location, and of course, the immigration, criminal, and marital history of the couple.

Permanent residence based on marriage to a U.S. citizen is a two-step, sometimes three-step procedure whether you are in court proceedings or not. The first step is for the U.S. citizen spouse to file an I-130 Petition in order to qualify the relative. The second major step is for the foreign national to actually apply for his or her visa. If standing abroad, that process is referred to as Consular Processing or Visa Processing. If the person is physically in the U.S. and entered legally, the foreign national can file for the visa in the United States, called “Adjustment of Status” or alternatively can always opt to Visa Process in the home country.

Widow of a U.S. Citizen is within the definition of “spouse” and can qualify, but speaking with a Colorado family visa attorney Catherine Brown about your eligibility is most recommended.

Child of a U.S. Citizen: Children of at least one U.S. citizen are considered Immediate Relatives if they are unmarried and under 21 prior to filing. Children include a U.S. citizen’s natural children, stepchildren, adopted children, and orphaned children. (Adoptees and Orphans go through special procedures that are explained below). Like a spouse, a U.S. citizen must file an I-130 Petition for the child and the child must qualify for the visa—whether undergoing Consular Processing or Adjustment of Status.

If US citizens wish to bring a spouse or child to Colorado or the United States, contact Denver and Boulder immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 720-432-VISA.

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Adopted Children

Denver Immigration Attorney Adopted Child Visa

Adopted children in Colorado, Wyoming and other locations must also be under 21 and unmarried but MUST meet additional requirements to qualify:
1. Child is legally adopted prior to turning 16 (some exceptions apply)
2. Child is in legal and physical custody of the U.S. citizen for 2 years

Adopted children petitions may sometimes be difficult or complex depending on if the adopted parents are relatives of the natural parents and the country the child is being adopted from. Contact Denver and Boulder immigration lawyer, Catherine Brown to schedule a consultation. Contact us  online or at 720-432-VISA.

Orphaned Children:

Denver Immigration Attorney Orphan Visa

Orphaned children to enter the US and Colorado must also be under 21 and unmarried but MUST meet additional requirements to qualify:
1. Adoption while child under 16
2. Orphan by reason of death or disappearance, abandonment and/or desertion, separation, or loss of both parents. Abandonment requires parents forsake all parental rights.

Orphans are distinguished from adopted children in the following ways:
1. Orphans do not have a two-year legal custody/residence requirement or a pre-existing family relationship.
2. For orphan, need to establish that s/he is adopted abroad.

The adoption process must conform to the Hague Convention if both countries are state parties to the Convention. If already here, then not an orphan, but an adoption. Some benefits are available to an orphan in U.S. in parole status who is NOT adopted in the U.S., but an orphan illegally in the U.S. or on a nonimmigrant visa is ineligible to receive the benefits of an orphan petition and to adjust.

Orphan children petitions are complex and can be difficult depending on several factors including the country the child is being adopted from.

Contact Denver and Boulder immigration lawyer, Catherine Brown to schedule a consultation. Contact us online or at 720-432-VISA.

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Other Qualifying Relatives

Denver Immigration Attorney Family Visa LPR and US Relatives

If you are not an Immediate Relative, you may still qualify under other major family categories called “Preference Categories.” Unlike Immediate Relative, these relatives are subject to visa limits or “caps” based on the percentage allotted to that category and from what country you come from. Because many categories have too many people applying each year, a backlog occurs and creates a “waiting line,” which can be incredibly long and complicated depending on what country you come from. Mexico, the Philippines, China, and India are usually countries with longer “waiting lines” than others.

If you fit within one of these categories, you are eligible now to file a Relative Petition on Form I-130:
1. Unmarried son or daughter of a U.S. citizen
2. Spouse or child of a legal permanent resident
3. Married son or daughter of a U.S. citizen
4. Brother or sister of a U.S. citizen

It is even more critical sometimes than Immediate Relative applications to consult with an experienced immigration lawyer like Denver and Boulder attorney Catherine Brown, about eligibility, appropriate evidence, and timing because they are each unique and you do not want to lose your place in line due to mistakes.

If you wish to bring a spouse, child, brother, or sister to Colorado and the United States , contact Denver and Boulder immigration attorney Catherine Brown to schedule a consultation. Contact us online or call us at 720-432-VISA.

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Victims of Domestic Abuse

If you are a victim of domestic violence and you are a spouse, parent, or child of a U.S. citizen or Legal Permanent Resident (the abuser) you may be able to obtain permanent residence through a statute referred to as “VAWA” – based on the Violence Against Women Act. The following things must be proven for eligibility:

• Proof of relationship to U.S. citizen/LPR spouse, parent, child
• Proof of perpetrator’s U.S. citizenship or LPR status
• If marriage, proof that marriage entered into in good faith
• Proof of battery or extreme cruelty (physical OR mental)
• Proof of the victim’s good moral character

A U visa is a temporary visa for victims of domestic violence and other qualifying crimes and can also eventually lead to permanent residence.

• It does NOT require a marital, parental, or child relationship to the perpetrator.
• It does NOT require the perpetrator to be a U.S. citizen or permanent resident.
• It does NOT require the victim to be legal in the U.S.

If you are a victim of domestic violence and are not related to the perpetrator or the perpetrator is also not a permanent resident/U.S. citizen, you may qualify for this type of visa.

For more information on VAWA or U visas, contact Colorado law firm, Law Office of Catherine Brown, LLC or Denver and Boulder immigration attorney Catherine Brown to schedule a consultation. Contact us online at or call us at 720-432-VISA.

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Juveniles and Children (Unaccompanied Minors) without families

Colorado Immigration Attorney Visa Juveniles Children

Children and juveniles who have been abandoned or neglected by at least one parent may be eligible for permanent residence through a process called “Special Immigrant Juvenile.” This procedure can take place whether the child is in detention, removal proceedings, or not in removal proceedings at all. A child, however, must be determined to be abandoned or neglected by a state juvenile court—whether that be a dependency and neglect proceeding, probate proceeding, or other proceeding pertaining to guardianship. Most of those procedures require a child to be under the age of 18, so timing can be critical.

If you think you may be eligible for Special Immigrant Juvenile visa in Colorado or the United States, contact Colorado law firm, Law Office of Catherine Brown, LLC or Denver and Boulder immigration attorney Catherine Brown to schedule a consultation. Contact us online at or call us at 720-432-VISA.

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Waivers for Immigrant Visa Applicants Who Are Spouses or Parents of U.S. Citizens or Legal Permanent Residents: I-601 Extreme Hardship

Colorado Denver Immigration Attorney Waiver I-601

An application for a Waiver of Grounds of Inadmissibility (I-601) is filed in the event that an Applicant for an Immigrant Visa (Green Card) has been denied admission to the United States. There are many reasons a person can be denied entry, but the most applicable are for two “unlawful presence” bars that bar entry for three years or ten years due to illegal status in the United States and for “misrepresentation.” This waiver requires that a certain type of relative or a “qualifying relative” must suffer “extreme hardship” if the Applicant is not admitted or able to reunite in the United States. The qualifying relative must be a U.S. citizen spouse or parent or legal permanent resident spouse or parent. Children of the foreign national do not qualify.

The waiver is available and adjudicated after the Applicant is found inadmissible in undergoing the permanent residence process—either within the United States or in the Applicant’s home country. A waiver cannot be filed ahead of the adjudication of the permanent visa process, but may in some instances be filed at the same time.

Eligibility

The waiver’s main requirement is that the U.S. citizen or legal permanent resident will suffer “extreme hardship” as a result of the Applicant being denied entry into the United States. Extreme hardship is defined as more difficulties than what is expected from being separated from a close family member.

There is not an exhaustive list and therefore all facts and history should be reviewed by an immigration attorney like Colorado attorney Catherine Brown to to provide the strongest “extreme hardship” case. It is critical for the success of the waiver to have sufficient evidence documenting the extreme hardship, both personal and non-personal evidence.