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
It is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What’s more, the stakes are high. If USCIS isn’t convinced that you have a bona fide marriage, the conditional resident’s status may be in jeopardy.
As a matter of law (INA §216) a couple must appear for a personal interview in order for the conditions on residence to be removed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. Let’s help you avoid the I-751 interview all together. Continue reading
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. Of course, the permanent resident may 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. Continue reading
Since September 2017 the Trump Administration has had a policy to end the Deferred Action for Childhood Arrivals (DACA) program. Although the decision to wind down DACA has been stopped in the courts for now, the future of the program is uncertain. This has put a renewed emphasis for many DACA recipients to find other paths to legal status. Obtaining a DACA green card through marriage to a U.S. citizen is one of the most common ways to gain legal status.
The DACA program does not provide a direct path to permanent residence (green card). However, certain individuals with DACA can apply for permanent residence in the United States. In other words, under current immigration law, no individual can apply for a green card on the basis of having DACA. There must be some other factor that makes a DACA recipient eligible for a green card. These factors may include marriage to a U.S. citizen, certain employment, and others. The most common scenario, and the focus of this article, is a DACA recipient who marries a U.S. citizen and then wants to adjust status to permanent resident. Continue reading
Intending immigrants who want to prepare Form I-485, Application to Register Permanent Residence or Adjust Status, face a challenge. The Form I-485 instructions can be extraordinarily intimidating. After all, there are 42 pages of instructions for the green card application. What’s more, other forms are typically filed concurrently as a part of the adjustment of status package. In some cases, an innocent mistake can result in significant delays, long-term immigration problems, or even an I-485 denial.
The consequences of deviating from the I-485 instructions can be significant. U.S. Citizenship and Immigration Services (USCIS) recently published a policy memo that provides guidance to USCIS officers who make decisions about your adjustment of status application. Continue reading
If your green card is lost or stolen, you may also be wondering about green card identity theft. Identity theft is a crime in which an impostor obtains personal information, such as a green card or Social Security card, in order to impersonate someone else. By using someone else’s information, the impostor may obtain new credit cards or make unauthorized purchases. What’s worse, the thief may provide false identification to police, creating a criminal record or leaving outstanding arrest warrants for you, the victim of the green card identity theft. Continue reading