Getting a green card through marriage to a U.S. citizen is one of the fastest ways to obtain permanent residence (and citizenship) in the United States. But it can also create significant immigration problems for couples that don’t understand the U.S. immigration system.
Permanent residence is not automatic after marriage. There is an application process that must be followed. Although a green card through marriage to a U.S. citizen is one of the quickest ways to immigrate, there are several steps that include application forms, a medical examination, fingerprinting, and various approvals. For certain people, applying for a green card through marriage can create significant, long-term immigration problems. Continue reading
How Divorce Can Affect Your Immigration Status
Divorce can be a devastating life event. It’s emotionally exhausting, financially costly and can even affect one’s immigration status in the United States. A divorce after green card may introduce new challenges to a permanent resident. But in other cases, it’s not an issue.
Before you file another application or petition with U.S. Citizenship and Immigration Services (USCIS), take the time to understand how your divorce or annulment may affect your situation. Continue reading
The questions vary from, “Can I stay in the U.S. after a visa overstay and marriage to a U.S. citizen?” to “What happens if my visa expires and I’m married?” These questions are concerned with obtaining a legal status in the United States despite a period of unlawful presence.
Spouses of U.S. citizens do have special immigration privileges. They benefit from certain provisions in the law that are favorable in cases where the intending immigrant has overstayed a visa. But it’s important Continue reading
United States immigration laws provide a variety of ways to apply for a green card (permanent resident status). The different paths come through family relationships, employment, refugee/asylum status, diversity lottery, and several special immigrant classes .
However, the vast majority of immigrants apply for a green card through a family relationship. For example, 66% of the 1.1 million people who obtained a green card in 2017 were in a family-based category according to USCIS statistics. Continue reading
Although the K-1 visa is a nonimmigrant visa, the interview and requirements are slightly different that typical nonimmigrant visas. A K-1 fiancé visa permits the holder to permanently immigrate to the U.S. Therefore, the fiancé must meet some of the requirements of an immigrant visa. Our K-1 visa interview checklist will help you prepare for this important day.
Use CitizenPath to prepare the Fiancé Visa Petition Package. Our software will help you prepare Form I-129F, Petition for Alien Fiancé, and instruct you on the supporting documents to submit with it. While you await approval, Continue reading
The K-1 fiancé visa is one of the most requested U.S. visas. The U.S. Department of State issues the K-1 to the foreign national fiancés of U.S. citizens for the purpose of entering the United States for marriage. Once married, the foreign national may adjustment status to permanent resident (green card holder). However, mistakes in the K-1 visa process can ruin those plans. Minor oversights may only delay the process, but other mistakes can create long-term immigration problems.
Although most visa requests are granted, it’s good to know the common pitfalls that caused problems for others. We’ve outlined five of the biggest mistakes in the K-1 visa process. Before preparing Form I-129F, Petition for Alien Fiancé, review these avoidable problems. Continue reading
A foreign national spouse of a U.S. citizen who is also inside the United States can generally apply for a green card without leaving the U.S. This process, known as adjustment of status, concludes with an interview. U.S. Citizenship and Immigration Services (USCIS) interviews virtually every applicant for a marriage-based green card. Upon completion of a successful marriage-based adjustment of status interview, the applicant will generally become a permanent resident (green card holder). Every couple should prepare for this interview. Knowing what to expect, what items to take, and how to respond to questions will improve your chances of a quick approval. Continue reading
As the name suggests, permanent resident status is generally constant. It’s granted to people who intend to live in the United States for the foreseeable future. Permanent residents, also known as green card holders, have the privilege of living and working in the United States permanently. However, there are ways to lose permanent resident status. Certain actions can trigger removal (deportation) proceedings and the potential loss of this coveted immigration status.
The article discusses the major ways that one can lose permanent resident status, but it isn’t an exhaustive list. Only a lawful permanent resident who naturalizes as a U.S. citizen is safe from most of these grounds of removal. Continue reading
Permanent residents use Form I-90, Application to Replace Permanent Resident Card, to apply for the replacement or renewal of an existing Permanent Resident Card (green card).
Many permanent residents use CitizenPath to prepare Form I-90. The low-cost, do-it-yourself software was designed by immigration attorneys to make the application easy and help applicants avoid mistakes. Get started for free. Only pay if you’re eligible. Try it now >>
Failing to keep an up-to-date green card can make it difficult to travel internationally or to prove your eligibility for employment in the United States. In fact, an expired green card creates four urgent problems. Continue reading
U.S. immigration law (INA §213A) requires intending immigrants in family-based visa categories to show that they have financial support in the United States. The U.S. citizen or permanent resident that petitions a family member for a green card also must file Form I-864, Affidavit of Support. The affidavit of support is a legal contract between the petitioner and the U.S. government. On Form I-864, petitioners must prove that they have the ability to financially support the visa applicant(s) if necessary. Additionally, the petitioner must provide proof of domicile in the United States.
In fact, there are three fundamental requirements for acting as the sponsor on the affidavit of support. The sponsor must: Continue reading