Spouse Visa Lawyer Burlington County — Secure Your Family’s Future
A spouse visa (I-130 petition) is the primary path for a U.S. citizen or lawful permanent resident to bring their foreign-national spouse to live permanently in the United States. The process is governed by the Immigration and Nationality Act (8 U.S.C.) and involves proving a bona fide marriage.
Understanding the Spouse Visa Petition Process
The foundation of a spouse visa is the Form I-130, Petition for Alien Relative, filed by the U.S. citizen or green card holder petitioner. Approval establishes the qualifying relationship, which is the first step toward either consular processing abroad or adjustment of status within the U.S. The burden of proof is on the petitioner to demonstrate the marriage is legitimate and not entered into solely for immigration benefits.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | U.S. Citizenship and Immigration Services (USCIS)
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to immigration cases. We understand the high stakes of family separation and the importance of meticulous petition preparation.
Official Government Resources
- USCIS Form I-130 Instructions and Information (Official U.S. government site)
- Superior Court of New Jersey, Burlington Vicinage (Official court website)
Local Procedural Insights for Burlington County
While immigration is a federal matter, local factors impact Burlington County cases. The USCIS Newark Field Office at the Peter Rodino Federal Building handles interviews for adjustment of status applications. New Jersey’s Immigrant Trust Directive also affects how local law enforcement interacts with federal immigration authorities, which can be a critical consideration in some cases.
- Initial Consultation & Case Assessment: We review your situation, marital history, and immigration goals to determine the best strategy.
- Petition Preparation & Evidence Gathering: We meticulously prepare the I-130 petition and assemble compelling evidence of a bona fide marriage (joint finances, photos, affidavits).
- Filing & USCIS Communication: We file the petition with the correct USCIS lockbox and manage all requests for evidence (RFEs) or notices.
- Next Steps Guidance: Upon I-130 approval, we guide you through the subsequent process—either consular processing at the National Visa Center or filing for adjustment of status (Form I-485) if the beneficiary is in the U.S.
- Interview Preparation: We conduct thorough preparation sessions for the mandatory USCIS or consular interview.
- Case Resolution & Follow-up: We assist with final visa issuance, green card arrival, or address any post-approval issues.
Potential Challenges in Spouse Visa Cases
In Burlington County spouse visa cases, common challenges include requests for evidence (RFEs) on marriage legitimacy, prior immigration violations, and handling the differences between petitions for U.S. citizens versus lawful permanent residents, which have different visa availability wait times.
| Issue | Potential Consequence | Legal Standard |
|---|---|---|
| Insufficient Proof of Bona Fide Marriage | Request for Evidence (RFE) or Denial | USCIS must be convinced marriage is not solely for immigration benefits. |
| Unlawful Presence by Beneficiary | Trigger of 3/10-Year Bar, requiring waiver (I-601A) | INA § 212(a)(9)(B); departure triggers bar. |
| Prior Misrepresentation or Fraud | Permanent Inadmissibility, requiring extreme hardship waiver | INA § 212(a)(6)(C)(i). |
| Petitioner’s Income Below Poverty Line | Need for Joint Sponsor for Affidavit of Support (I-864) | Must meet 125% of Federal Poverty Guidelines. |
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, operates on the principle of “Advocacy Without Borders.” Our immigration practice is led by Mr. Sris, who brings a strategic, detail-oriented approach to family-based petitions. We understand that a spouse visa is more than a form—it’s about uniting families and building futures. Our firm-wide experience of over 4,739 documented case results informs our proactive strategy for each case.
Case Results and Client Focus
SRIS actively practices immigration law in Burlington County and across New Jersey. While specific local counts are integrated into our broader practice, firm-wide we have handled 4,739+ documented case results with a high rate of favorable outcomes. We assist with I-130 petitions, adjustment of status, consular processing, and overcoming inadmissibility issues like unlawful presence.
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, Burlington City, Cinnaminson, Evesham, and Medford. We are accessible via the NJ Turnpike and I-295.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions: Spouse Visas in Burlington County
Where is the USCIS office for Burlington County, New Jersey?
It is in Newark. Immigration applications for Burlington County residents are processed at the USCIS Newark Field Office, Peter Rodino Federal Building, 970 Broad St, Newark, NJ 07102. Removal cases are at Newark Immigration Court. Detained cases may be at the Elizabeth Contract Detention Facility.
What is the difference between a spouse visa and a fiancé visa?
It depends on your marital status and where your partner is located. A spouse visa (I-130) is for legally married couples. A fiancé visa (K-1) is for a U.S. citizen to bring a foreign fiancé to the U.S. to marry within 90 days. The choice affects processing time and where the green card application is filed.
How long does a spouse visa take for a U.S. citizen petitioner?
For the immediate relative of a U.S. citizen, there is no annual limit. Current processing times for the I-130 petition range from 10 to 16 months. After approval, additional time is required for consular processing or adjustment of status, making the total timeline typically 1.5 to 2 years.
Can I adjust status in the U.S. on a spouse visa?
Yes, if the foreign spouse is lawfully present in the U.S. (e.g., on a valid visa). They can file Form I-485 for adjustment of status concurrently with the I-130 petition. If they entered without inspection or are out of status, they generally must process through a U.S. consulate abroad, which may trigger bars to re-entry.
What if my spouse has unlawful presence in the U.S.?
This is a complex issue. If the spouse accrued more than 180 days of unlawful presence and leaves the U.S., they face a 3 or 10-year bar. A provisional waiver (I-601A) may be filed before departure to overcome this bar, but it requires demonstrating extreme hardship to the U.S. citizen spouse.
Related Legal Services in Burlington County
If you are facing other legal challenges, our firm provides full representation. You may also need a criminal defense lawyer in Burlington County, a DUI/DWI lawyer in Burlington County, or a divorce and family law lawyer in Burlington County. For all New Jersey immigration matters, visit our New Jersey immigration lawyer hub page.
Page last verified and updated: April 2026. Immigration laws and USCIS procedures change frequently. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance on your spouse visa petition.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.