Legal Assistance for Marrying a Cuban Citizen

Updated on Saturday 23rd January 2021

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Citizens of Cuba who want to get married in Miami, United States of America (USA), have to respect several legal procedures in this sense. The regulations are imposed in accordance with the legal statute of the persons. Persons who are divorced will need to provide a different set of documents than the ones available for single persons or for widowed individuals.

Our immigration attorneys in Miami can offer legal assistance on the requirements imposed for marrying a Cuban in the USA and can help persons in obtaining various documents that will allow them to get married here. Marriage can lead to a residence permit in USA.

 

How to get married in Miami as a Cuban citizen   


Cuban citizens are allowed to marry in Miami, US, only if they obtain relevant immigration documents provided by the American authorities

The Cuban fiancé of an American citizen can enter US if they file for an immigrant visa for spouses or fiancés. For this, they will need a K- 1 visa. The visa is issued by the U.S. Citizenship and Immigration Services (USCIS). The document will allow the Cuban citizen to marry the American individual in a period of 90 days since the admission in the country was granted. 

Individuals interested in marrying a Cuban in USA should know that the Cuban citizen will also need to provide a birth certificate and a Certificate of Single Status notarized in front of a public notary, in order to attest the fact that they are single and not involved in another marriage concluded elsewhere. Those interested in immigration in Miami who have the legal status of a divorced person will have to provide a Final Divorce Sentence
 

Obtain a K-1 visa in Miami 


The Cuban citizen can obtain the K-1 visa if the future American spouse will file a petition through the Form I-129F at USCIS, stating the beneficiary of the document. Further on, the USCIS representatives will verify if the two persons meet the criteria of getting married. One of the criteria refers to the duration of the relationship, which stipulates that the individuals should know each other for at least two years prior to the date when the petition was filed at USCIS

The procedure implies that USCIS will verify the criminal records of both individuals, as well as other aspects related to their current statute. Our immigration lawyer in Miami can provide more details on other related steps when marrying a Cuban citizen who can then obtain USA citizenship.

 

The Cuban Adjustment Act in Miami, US 


Immigration matters related to Cuban citizens are handled under the regulations provided by the Cuban Adjustment Act 1996. The document prescribes the ways in which Cuban citizens can benefit from the rights deriving from a green card issued by USCIS. 

In order to obtain a green card in USA as a Cuban citizen, it is necessary to have lived in this country for at least one year, but also to have received the statute of an immigrant. 

An important aspect related to immigration in Miami as a Cuban citizen interested in receiving the green card is that the spouse and the couple’s children can benefit directly from the effects of this type of visa. Our immigration attorney in Miami can offer more details on the visa requirements and can also help you in case you are interested in marrying a Cuban in USA. We will also provide support in applying for the residence permit in USA.
 

The Cuban Family Reunification Parole Program  


In the situation in which a Cuban citizen has members of his or her family living in Miami, US, the person can obtain the legal right of immigrating to US without receiving a different visa. 

Under the Cuban Family Reunification Parole Program, the Cuban citizen who is living in US can apply for parole for their family members, who are currently living in Cuba. 

If the local authorities provide the parole, the Cuban family members may immigrate to Miami, US. An important right deriving from this program is that such persons will be allowed to apply for a job available on the local market. 

The program will be enabled only if the petitioner, as well as the beneficiary (or beneficiaries), will fulfill certain requirements. In this sense, we mention that the petitioner must have the legal statute of a US citizen or a permanent citizen in Miami, USA
 

Family-based visas for Cuban citizens moving to the US


When seeking to apply for a spouse visa for a Cuban citizen in order to bring the wife or husband to the US, you need to consider the definition of spouse under the immigration regulations which state that only legally married persons can be considered husband and wife. People living together for large periods are not considered as such, therefore, you should consider this aspect when moving to Miami, US.

If you plan to immigrate to Miami and need advice on how to relocate with your Cuban wife or husband, you can rely on guidance and tailored advice from our lawyers. They will also help your Cuban spouse apply for USA citizenship.
 

Steps of immigration to US from Cuba based on a spouse visa


The following steps need to be completed when immigrating as a Cuban citizen married to a US one:

 

  1. file a petition with the US Citizenship and Immigration Services (USCIS);
  2. if the application file is complete, USCIS will issue a Notification of Action;
  3. the National Visa Center will send the case to the US Embassy in Cuba;
  4. The US Embassy will contact the applicant in order to schedule the visa interview.


If you need information on how to prepare for applying for a spouse visa while in Cuba, our immigration lawyer in Miami is at your service for guidance. Where possible, our lawyer can partially handle the process.
 

The visa interview when immigrating to US from Cuba


The visa interview is one of the most important steps when immigrating to Miami from Cuba. The interview will not be scheduled until the application file is not complete which is why you should make sure you have a complete file before submitting the paperwork with USCIS.

USCIS will send the file to the US Embassy or Consulate in Cuba where the interview will take place. The visa applicant must have his/her valid passport and other documents as requested in the interview invitation. Also, the US spouse will be notified of the interview.

Our immigration lawyers in Miami can provide valuable information on how to prepare for the spouse visa interview, however, compared to several years ago, the procedures have been simplified.
 

Conditional residence for Cuban spouses moving to the US


It is not uncommon for recently married persons to seek to relocate to the US when one of the spouses is a citizen of this country. However, the US immigration laws state that persons married for less than two years are subject to special rules.

A Cuban citizen immigrating to the US based on a spouse visa will be granted conditional permanent residence. After two years of living in the US based on the conditional residence permit, the spouses must file a joint application for the removal of the condition to the residence.

These are particular situations that require the attention of immigration lawyers and our team in Miami can help those who want to move to Florida based on spouse visas. You get access to our services if you want to move to Doral, Kendall, or North Miami if you are seeking a more tranquil way of life without getting too far from the great city of Miami.
 

The spouse visa for Cuban citizens


When an American citizen marries a Cuban one, the foreign one can request a spouse visa and based on it, he or she can immigrate to the US. In this case, the American citizen will act as a sponsor for the Cuban spouse.

There are a few requirements to meet in order to become a US resident for both the Cuban citizen and the spouse living in the USA, provided that one of the following situations is met:
 

  • the spouse living in America is not a citizen of this country,
  • the spouses are legally married in another country,
  • the American spouse must meet the income requirements in order to act as a sponsor.

The spouse living in the US must be a citizen or permanent resident of this country in order to act as a sponsor for the Cuban citizen. Also, the spouses must be legally married, and they must submit proof (the marriage certificate) when applying for the spouse visa. When it comes to the income requirements imposed on the US spouse, it should be noted that this is calculated differently in every state, and if you need information about the minimum amount of money necessary in Florida, our immigration lawyers in Miami can guide you.

If you want to marry a Cuban citizen and act as a sponsor for them, you should note that among the sponsorship requirements you must meet are the following:
 
  • the number of persons you have living with you in the same house,
  • the income,
  • if the Cuban spouse will bring any other members to the US.

You can ask for guidance on the minimum income threshold requirement from our lawyers in Miami. We can also provide support if you want to relocate near Miami, in districts like North Miami or Doral.
 

The immigrant visa for a Cuban citizen marrying an American


There are two types of spouse visas that can be obtained and the most suitable for Cuban citizens seeking to establish themselves in the US is the immigrant one. In this case, Form I – 130 must be submitted with Homeland Security by the American spouse.

Our immigration law firm in Miami can help with the application for an immigrant visa for Cuban citizens.
 

Recognition of marriages of American citizens in other countries


One of the important aspects when marrying a foreign citizen, including a Cuban one, is to have the marriage certified in the US. As a matter of fact, there aren’t a few cases in which US citizens decide to get married in other countries, however, there are several aspects to consider when making this decision.

Among these, the fact that the US Consulate or Embassy cannot perform the marriage ceremony, therefore the US citizen must get married in accordance with the laws of the respective country. Then, he or she must gather all the documents requested by the US immigration authorities and have the marriage recognized here if they want to come back to the country with their foreign spouses. The same condition applies when marrying a Cuban citizen.

Getting married in another country as an American can require a few additional steps compared to when doing the same thing in the United States, and among these, here is what one needs to consider:
 
  • the US citizen might be required to be a resident of the respective country before applying for marriage registration,
  • the minimum age (which is 18 in Cuba) must be met (the Cuban spouse must be at least this age),
  • all documents filed with the Cuban Civil Registry must be translated into Spanish and authenticated.


If an affidavit for marriage for the American citizen is required, it can be obtained with the US Consulate or Embassy.

When it comes to the recognition of marriage in the US, American citizens living in Miami will have their marriage certificates registered with the Attorney General’s Office in Florida.

One of our immigration lawyers in Miami can help with this procedure. Generally, the US recognizes marriages legally registered abroad.
 

The rights obtained by Cuban citizens married to American ones


Once all formalities have been completed and the marriage was recognized by the American authorities, the Cuban citizen can move to the US and enroll for study or even find employment like any other resident. He or she will also have the right to benefit from healthcare insurance.

American citizens marrying Cuban ones are not required to complete any special formalities, however, for making sure everything is in order and goes smoothly, our lawyers in Miami can offer the necessary guidance and assistance. Furthermore, we invite you to get in touch with us prior to starting any formality for the process to be quick.
 

Tailored assistance in applying for a US spouse visa for Miami


Even if the procedure is the same for all Cuban citizens interested in joining their spouses in the US, it should be noted that particular requirements will apply to citizens of every country, as the laws of both USA and Cuba are considered when it comes to the recognition of marriage, for example.

Then, there is an interview where specific documents could be requested by the US Embassy or Consulate staff.

These are also situations in which our immigration lawyers in Miami can help by reviewing application files and specific laws that apply to every situation in particular. Also, all your questions can be answered in detail by our lawyers.

You can also grant one of our lawyers a power of attorney if you consider this is the best way to bring your Cuban spouse to the US. As a matter of fact, this is one of the common procedures when applying for an immigrant visa.
 

Cuban citizens living in the US


Here are some facts on migration from Cuba to the USA:
 

  • at the level of 2018, Cubans represented the 7th largest community of expats in the US;
  • the same year, there were around 1,3 million Cuban citizens living in the US;
  • the Cuban community represents approximately 3% of the entire population of the US.

You can rely on our immigration lawyers in Miami for more information on how to bring a Cuban spouse or fiancé to the US. We also invite you to watch our video below:




 

FAQ on the spouse visa for Cuban citizens moving to the USA

 
  1. Are there any sponsorship requirements when applying for a spouse visa?
One of the main requirements for the sponsoring spouse is to be at least 18 years old at the time the spouse visa application is filed. There is also an income requirement that varies from state to state.
 
  1. Can I work in the US if I came here on a spouse visa?
Yes, the Green Card also comes with the right to work in the US.
 
  1. Can I bring children on the same visa as my spouse?
No, you need to apply for a separate visa for each dependent child if you want to bring them to the US.
 
  1. How long does it take to obtain the spouse visa for US?

The application process for a spouse visa takes between 9 and 12 months.
 

Our Miami immigration lawyers can offer more details related to the regulations imposed for marrying a Cuban in USA. Please contact our lawyers for more details.