Spouse Visa Lawyer Serving Burlington County, New Jersey
A spouse visa (I-130 petition) is the primary path for a U.S. citizen or lawful permanent resident to bring their foreign-born spouse to live permanently in the United States. The process involves proving a bona fide marriage and handling federal immigration law. Law Offices Of SRIS, P.C.
Understanding Spouse Visa Law in New Jersey
The legal foundation for a spouse visa is the Immigration and Nationality Act (INA), specifically 8 U.S.C. § 1151(b), which governs family-sponsored immigration for immediate relatives, including spouses of U.S. citizens. The process is administered by U.S. Citizenship and Immigration Services (USCIS) under the regulations in Title 8 of the Code of Federal Regulations (C.F.R.). For Burlington County applicants, cases are typically processed at the USCIS Newark Field Office, with consular processing handled at U.S. embassies abroad.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | USCIS Laws & Policy
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of both the legal requirements and the practical challenges of immigration cases. We focus on building strong, evidence-based petitions to demonstrate the legitimacy of your marital relationship to immigration authorities.
Official Immigration Resources
- USCIS I-130 Petition for Alien Relative – Official form and instructions from U.S. Citizenship and Immigration Services.
- Superior Court of New Jersey, Burlington Vicinage – Local court information; may be relevant for obtaining certified marriage or divorce decrees needed for visa applications.
The Spouse Visa Process for Burlington County Families
The key procedural fact for Burlington County residents is that all I-130 petitions and related applications (like I-485 for adjustment of status) are filed with the USCIS Lockbox facility, but interviews and case management for affirmative applications are handled at the USCIS Newark Field Office. For cases where the spouse is abroad, the National Visa Center and a U.S. Consulate will manage the final steps. New Jersey’s Immigrant Trust Directive also means local law enforcement generally will not detain individuals based solely on ICE detainers, which can affect certain aspects of a case.
- File the I-130 Petition: The U.S. citizen or green card holder petitioner files Form I-130 with supporting documents (marriage certificate, proof of petitioner’s status, evidence of bona fide marriage) and the filing fee to the designated USCIS Lockbox.
- USCIS Adjudication: USCIS reviews the petition. They may request additional evidence (RFE) or schedule an interview at the Newark Field Office if the beneficiary is already in the U.S.
- National Visa Center (NVC) Processing: If the beneficiary is outside the U.S., the approved petition goes to the NVC for fee payment, form submission (DS-260), and document collection.
- Consular Interview: The beneficiary attends a medical exam and an interview at the U.S. Embassy or Consulate in their home country. If approved, they receive an immigrant visa to travel to the U.S.
- Admission to the U.S. & Green Card: Upon entry with the immigrant visa, the spouse becomes a lawful permanent resident. The physical green card is mailed to their U.S. address.
- Adjustment of Status (Alternative Path): If the spouse is already lawfully in the U.S., they may file Form I-485 concurrently with or after the I-130 to adjust status to permanent resident without leaving the country.
Potential Challenges in Spouse Visa Cases
While the spouse visa is a common path, the process carries significant procedural requirements and potential hurdles, including requests for evidence, interviews, and strict eligibility criteria.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Case
Law Offices Of SRIS, P.C., founded in 1997, brings over 120 years of combined legal experience to family immigration matters. Our founder, Mr. Sris, is a former prosecutor with a background in accounting and information systems, providing a unique advantage in cases requiring detailed financial documentation. We understand that a spouse visa petition is more than paperwork—it’s about uniting families. Our approach involves meticulous preparation of your petition package, proactive management of case timelines, and clear communication at every step.
Documented Case Results
While specific spouse visa outcomes are confidential, our firm-wide track record demonstrates our commitment to favorable resolutions. SRIS has handled 4,739+ documented case results across all practice areas with over 93% favorable outcomes. We apply the same diligent, evidence-focused strategy to every marriage visa petition we file.
Results may vary. Prior results do not guarantee a similar outcome.
Spouse Visa Lawyer Near Burlington County
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and surrounding communities. We are accessible via the NJ Turnpike and I-295.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
24/7 Phone Consultations
Toll-Free: (888) 437-7747 | Local: (732) 200-8300
Spouse Visa FAQs for Burlington County
What is the first step to get a green card for my spouse?
Yes. The U.S. citizen or permanent resident spouse must file Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This establishes the qualifying family relationship and is the foundation for all subsequent steps, whether through consular processing or adjustment of status.
How long does a spouse visa take for someone in Burlington County?
It depends on several factors, including whether the sponsoring spouse is a U.S. citizen or green card holder, and if the foreign spouse is inside or outside the U.S. For a U.S. citizen sponsoring a spouse living abroad, current processing times often range from 12 to 24 months from filing to visa issuance. Processing at the Newark Field Office can affect timelines for adjustment of status cases.
Can my spouse work while the visa is processing?
It depends. If your spouse is in the U.S. and has filed for adjustment of status (Form I-485), they can concurrently apply for an Employment Authorization Document (EAD) using Form I-765. This work permit typically takes several months to receive. If your spouse is outside the U.S., they cannot work in the U.S. until they receive their immigrant visa and enter the country as a permanent resident.
What if my spouse entered the U.S. without inspection?
This creates a significant barrier. Generally, an individual who entered without inspection (EWI) cannot adjust status in the U.S. and would need to depart for consular processing, which could trigger a 3-year or 10-year bar on reentry. A waiver may be possible, but it requires proving extreme hardship to the U.S. citizen spouse. This is demanding area where consulting a spousal immigration lawyer Burlington County residents trust is critical.
What evidence proves a “bona fide” marriage?
USCIS looks for evidence of a life together. Strong proof includes joint leases or mortgages, shared bank accounts, joint tax returns, life insurance policies naming each other as beneficiaries, photos together over time, affidavits from friends and family, and evidence of shared expenses. The goal is to show the marriage is real and not solely for immigration benefits.
Do we need a lawyer to file a marriage visa petition?
No, it is not legally required. However, the forms are detailed, the evidence requirements are strict, and mistakes can cause long delays or denials. A marriage visa petition lawyer Burlington County families recommend can help organize evidence, prepare for interviews, and handle issues like prior immigration violations or criminal history, potentially saving time and reducing stress.
Related Legal Information
If you are in Burlington County and need assistance with other family-based immigration matters or related legal issues, our firm can help. You may also find our pages on Criminal Defense in Burlington County and Family Law in Burlington County useful. For a broader view of our immigration practice, visit our New Jersey Immigration Lawyer hub page.
Page Last verified: April 2026. Immigration laws and USCIS procedures change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a consultation about your spouse visa or other immigration matters.
Your case in Burlington County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Burlington County that is the Superior Court of NJ, Burlington Vicinage (8th Vicinage), 49 Rancocas Road, Mount Holly, NJ 08060, telephone (609) 518-2500, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Burlington County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Burlington County NJ lawyers directory · Spouse Visa Lawyer Bergen County, NJ · Spouse Visa Lawyer Hudson County, NJ · Spouse Visa Lawyer Monmouth County, NJ.