Immigration Insider articles in this category include topics related to the application for permanence residence (green card) in the United States. This includes immigrant petitions (Forms I-129, I-130, I-140, and I-360), the immigrant visa application (DS-260) and adjustment of status (Form I-485).
Preparing for your marriage-based immigrant visa consular interview
The consular interview at a U.S. embassy or consulate is an important milestone in your application for an immigrant visa (green card). After all, consular officers use their discretion based on this interview to determine if they will approve your green card application. For marriage-based applications the interview is especially crucial. Knowing what to expect and preparing for possible green card interview questions will help you be ready.
Green card interview questions for spouses tend to dig a little deeper than typical interviews. That’s because marriage is one of the primary ways that fraudulent visas are requested. Immigration officers want to verify that you have a bona fide marriage. That’s it. The officer will ask additional questions to help determine if your marriage is the real deal.
There are two fundamental ways to apply for green card (permanent resident status). Foreign nationals, who meet certain criteria, may be eligible to apply from within the United States through a process called adjustment of status. But the majority of foreign nationals apply from outside the United States at a U.S. embassy or consulate. This is known as consular processing.
This article provides an overview of the immigrant visa (green card) application process for consular processing. Although other categories take a similar path, this overview discusses the steps to apply for a green card through the family-based immediate relative and family preference categories. Before one can start, you’ll need to know that you have a qualifying relationship to apply for a green card through family.
The K-1 visa is for the fiancé of a U.S. citizen to come to the United States for the purpose of marriage. If you entered the U.S. on a K-1 visa, you have 90 days to marry the U.S. citizen from the date of entry. A K-1 visa does not allow the foreign national to stay in the United States for more than 90 days – it can’t be extended. Once married, the foreign national has the option of staying in the United States if he or she files an application for adjustment of status through a K-1 visa entry.
Adjustment of status to permanent resident is an exclusive process to apply for a green card reserved for certain intending immigrants that are physically present in the United States. A K-1 visa holder who has married his or her U.S. citizen fiancé is generally eligible.
Yesterday, the U.S. Supreme Court cleared the way for the
Trump administration to implement its new public
charge rule. The modified rule affects intending immigrants based on
their past use of public assistance and a host of other new financial scores.
Titled “Inadmissibility on Public Charge Grounds,” the rule sparked several legal challenges. The new rule basically reinterprets how the law defines inadmissibility. In other words, it re-defines how the government can keep out certain immigrants that may use or have used certain public benefits. In fact, there has always been a public charge rule. The Trump administration evaluated the law, and decided to interpret it differently.
A dual intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home. Thus, attempting to adjust status to permanent resident with other nonimmigrant visas can potentially trigger severe, long-term immigration problems.
Most people will find it difficult to qualify for a U.S. nonimmigrant visa, such as a visitor visa, if there is any evidence of immigrant intent—a past intent, an intent to seek to immigrate during this trip to the U.S., an intent to immigrate to the U.S. in the future, or even a hope to immigrate in the future. The applicant must prove that he or she has nonimmigrant intent.
The steps to obtain a family-based green card — officially known as a permanent resident card — vary based on the qualifying family relationship and where you live (inside the United States or outside).
If you would like to petition (sponsor) a family member for a green card or you are a foreign national that wants to permanently move to the United States, this article provides a basic overview of the eligibility categories and family-based green card process.
The K-3 visa process was designed to help shorten the physical separation between a foreign citizen and his or her U.S. citizen spouse. In theory, it’s the perfect solution for many couples that want to move to the United States together without an extended separation associated with the immigration process. In practice, the K-3 visa process is rarely used. While it remains a component of immigration law, most couples have a tough time obtaining one.
Marriage green card is a common phrase used to describe a permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. Permanent residence is an immigration status that allows a foreign national to live and work in the United States permanently. Generally, the permanent resident may also choose to naturalize as a U.S. citizen once eligible.
A marriage-based green card can be one of the quickest ways to obtain permanent residence. The marriage alone doesn’t provide any immigration status to a foreign national. But marriage to a U.S. citizen or permanent resident is a qualifying relationship for a foreign national to apply for immigration benefits.
The requirements for petitioning a foreign citizen spouse for permanent residence (green card) are more exhaustive than any other relationship. When filing Form I-130, Petition for Alien Relative, the petitioner must also submit other supporting documents to evidence the relationship. We’ve developed an I-130 checklist for spouses to help you through this process.
Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), have an additional layer of scrutiny for spousal relationships. After all, sham marriages are one of the most common ways to commit green card fraud. Immigration officials want to be sure that your spouse is obtaining a green card based on a genuine relationship.
The next wave of Trump administration policy designed to reduce immigration is here. U.S. Citizenship and Immigration Services (USCIS) has proposed major increases in the immigration fee structure. The USCIS immigration fee increase would nearly double the cost of some applications.
The Trump administration is simultaneously squeezing immigrants with a new public charge rule and changes to the fee waiver rules that make it more difficult for low-income immigrants and their families. To add insult to injury, some of the new fees would go to pay for Immigration and Customs Enforcement (ICE).