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
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
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
Which is the Best Way to Get a Marriage-Based Green Card?
When a U.S. citizen marries a foreign citizen, there are fundamentally two different ways for the foreign citizen to immigrate to the United States and obtain a green card. The choice — a fiancé visa or marriage visa — can cause confusion for many couples. Each has its own benefits. So what’s best for one couple may not be ideal for another couple’s situation. In making your decision, you’ll need to consider speed of the process, cost, as well as other factors.
The fiancé visa (aka K-1 visa) is a nonimmigrant visa obtained by the foreign fiancé to travel to the U.S. for the purpose of getting married in the U.S. and then adjusting status to a permanent resident (green card holder).
The marriage visa (aka CR-1 or IR-1 visa) is an immigrant visa obtained by the foreign spouse while in the foreign country after marriage for the purpose of immigrating to the U.S. to live permanently with the spouse.
Deciding on the fiancé visa or marriage visa is a personal decision. So, the best path for you depends on your specific situation. However, for many couples, the speed of the immigration process is an important factor. Continue reading
An immigration medical exam is a necessary part of immigrating to the United States and becoming a permanent resident (green card holder). Sometimes called a green card medical exam, the appointment is a routine part of the process to ensure public safety and remove the grounds for inadmissibility for intending immigrants.
Certain diseases of public health significance make an individual inadmissible to the United States. The exam is the process to remove these grounds of inadmissibility. Continue reading
A dual intent visa allows foreign nationals to be temporarily present in the United States with the known 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 establish nonimmigrant intent. Continue reading
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. Continue reading
If you previously filed an I-130 petition for your spouse and/or minor children when you were a permanent resident, you can upgrade the petition if you’ve now become a U.S. citizen. For the spouse and/or children of a lawful permanent resident, the wait for an immigrant visa (green card) can be lengthy. After the filing Form I-130, Petition for Alien Relative, spouse and children of a lawful permanent resident will wait several months to years. In some situations the wait can be very long. If you upgrade an I-130 petition after naturalization, your petition gets expedited because there is no numerical limit.
In many cases, one family member is able to obtain permanent resident status in the United States, but must leave behind a spouse and/or children in the home country. Upon arriving in the U.S. and becoming a permanent resident (green card holder), he or she may petition those family members to immigrate with Form I-130, Petition for Alien Relative. However, the wait time can take several years. If that permanent resident becomes a U.S. citizen, he or she may upgrade the I-130 petition and speed up the immigration process. Continue reading
Preparing for your marriage-based 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. Continue reading