808-808-NOHA (6642)
Marriage & Fiancé(e) Immigration Attorney in Hawaii
At Noha Immigration Law, we work with many couples who want to build their lives together in the United States. Whether you’re engaged, newly married, or have been together for years, there is a path forward and the right one depends on your specific situation. The immigration process for couples can vary significantly depending on whether your partner is already in the U.S. or living abroad, and whether you are engaged or already married. Rules and policies change quickly, so it pays to consult with an experienced immigration attorney before embarking on your immigration journey.
Married Couples: Green Card Based on Marriage
If you are a U.S. citizen and your spouse is living in the United States, your spouse may be eligible to apply for a green card through a process called adjustment of status without having to leave the country. If you are a U.S. permanent resident or your spouse is living outside the United States, the process will typically involve a family-based immigrant visa petition followed by consular processing at a U.S. embassy or consulate in your spouse’s home country.
The process and timeline differ depending on whether you are a U.S. citizen or a permanent resident, and whether there are any prior immigration issues to address. Sherry will assess your specific situation and walk you through the fastest, most reliable path available to you.
Engaged Couples: The K-1 Fiancé(e) Visa
If you are a U.S. citizen and your fiancé(e) lives outside the United States, the K-1 fiancé(e) visa may allow them to come to the U.S. to get married. Once in the U.S. and married within 90 days of arrival, your spouse can then apply for a green card through adjustment of status.
The K-1 process requires demonstrating a bona fide relationship and meeting other eligibility requirements. It involves both USCIS and the U.S. Department of State, and like all immigration matters, it is governed by rules that change. We’ll help you understand exactly what’s required and put together the strongest possible petition.
What About Getting Married in Hawaii?
Hawaii is a popular destination for weddings, and couples sometimes ask whether getting married here affects their immigration options. The short answer is: it depends. If your fiancé(e) is visiting the U.S. on a tourist visa, marrying them here and then applying for a green card is not as simple as it sounds and can create immigration complications. This is an area where speaking with an attorney before the wedding, not after, is important.
For couples planning a Hawaii wedding with an international partner, we encourage you to reach out early so we can make sure your immigration plans align with your wedding plans.
Every Couple’s Situation Is Different
Some cases are beautifully straightforward. Others involve prior visa issues, previous marriages, criminal history, or prior immigration violations that need to be addressed thoughtfully. Sherry will give you an honest assessment of where things stand and what the best path forward looks like for your specific situation. She won’t tell you what you want to hear; she’ll tell you what you need to know.
Schedule a confidential consultation or call 808-808-NOHA (6642).
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