October 30, 2011 § 1 Comment
US citizens who get married to foreign nationals can petition them to obtain permanent residence in the US. Spouses of US citizens are termed as “immediate relatives” and are exempt from all numerical quota limitations. Getting a green card through marriage to a US citizen is the fastest way to getting a green card. Battered spouses and children of US citizens or green card holders can get special benefits per US immigration laws. A US citizen can also get a temporary visa for his/her fiancé(e) and get married once he/she arrives in the US.
Marriage in the US:
To get started, you, the US citizen have to submit a visa petition through Form I-130. You have to also include Forms G-325 (Biographical forms) for both the husband and wife. In addition, attach proof of your citizenship (US Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen’s birth certificate). Do not forget to include a certified copy of the marriage certificate and certified copies of the documents if previous marriages were terminated (including final divorce decrees, and certificates of annulment or death.)
The foreign national spouse is required to submit an application for adjustment of status (Form I-485) with the USCIS. After receiving and reviewing your application, the USCIS will notify to appear for an interview within a few months.
Marriage outside the US:
Per previous laws, the foreign national spouse had to remain in his/her country until he/she obtained a green card. But after August 14, 2001, temporary K-3 and K-4 visas became available and this helped the spouse and children of US citizens to get temporary visas to come to the US and then process the paperwork in the US.
You, the US citizen spouse have to file a visa petition either to the USCIS office which has jurisdiction over your residence or directly to the US Embassy or Consulate in the country where your foreign national spouse resides. As soon as the visa petition is approved, your foreign national spouse will receive a package from the National Visa Center (NVC). This package will have detailed information about the documents that has to be presented at the immigrant visa interview abroad (passport, police clearances, medical examination results, etc.). It will also contain certain documents requesting biographic data that has to be completed, signed and forwarded to the U.S. Embassy or Consulate abroad. Generally, your foreign national spouse will be interviewed and issued an immigrant visa within three to six months. The State Department charges a fee to issue an immigrant visa.
The conditional resident card that is issued is valid for two years. Both you and your spouse are required to file a joint petition (Form I-751) to remove the two-year condition. Remember to file it within the 90-day period before the end of the two year period. If your marriage was terminated due to divorce, death of the citizen spouse or spousal abuse, the foreign national spouse can qualify for and may apply for a waiver of the joint petition requirement at any time before the end of the two-year period. Once the USCIS approves your petition, they will issue a permanent resident card with a ten year validity.
October 15, 2011 § 4 Comments
If you are outside the US and planning to immigrate to the US, you have to go through consular processing at the US Consulate your country. If you are already in the US legally and eligible to apply for a green card based on being sponsored by an employer or family member or based on holding asylee or refugee status, you have to file Form I-485, Application to Adjust Status to Permanent Resident with the USCIS.
Who can apply?
You will qualify to file this form if you are in the US and have an approved immigrant petition. In plain terms, adjustment of status is the process where a foreign national applies for a green card while being in the US. Unless you are applying in a classification for which visa numbers are always available, you must have a “current” Priority Date in order to be eligible to file. Priority date refers to the date you filed the immigrant petition. If you are applying based on being married to a US citizen, the parent or child may also qualify file the application to adjust status to a green card holder at the same time the immigrant petition is filed.
You may also file to adjust status to a green card holder if you are an individual who held asylee or refugee status for one year or more. It is important to note that if you are outside the US, you will not be eligible to file to adjust status to a permanent resident. In such cases, you have to apply for an immigrant visa at a US consulate in your country. Cuban nationals requesting a change in the date their permanent residence began in the US can also file Form I- 485.
You need to file Forms I 485 with the necessary supporting documents and the submission fees with the USCIS service center that serves your area. If you are 79 years of age or older, you need not pay the biometric fee. If you are filing this form based on being admitted to the US as a refugee, then you need not pay any fee. After reviewing and processing, if your I-485 for green card application is rejected, the USCIS will notify you through a letter that will tell you why the application was denied.
If you are not in a legal status in the US, the process to remove you from the country will begin as soon as your application is rejected. Under such instances, you can have an immigration judge review the denial of your application during removal proceedings. During this review, immigration officials are required to justify and prove that the information on your I 485 application were false and that your application was rightly denied. After this review, if the judge decides to remove you from the country, you can still appeal this decision. You can appeal within 33 days after the immigration judge passed the judgment to get you removed from the country. The appeal will then be referred to the Board of Immigration Appeals after your appeal form and the required fee are processed.