When filing Form I-751, Petition to Remove Conditions on Residence, a conditional permanent resident (and spouse when filing jointly) must document their good faith marriage.
Even if you are filing with a waiver for the joint filing requirement (rather than jointly with your spouse), you will need to prove that your marriage was genuine and not created to circumvent immigration laws.
If you or your spouse recently became a conditional permanent resident through marriage, now is the time to begin documenting your life together. Don’t wait until it is time to file Form I-751 to prove you have a good faith marriage. Continue reading
Common reasons why a family-based application for permanent residence may be denied by USCIS
Each year the U.S. government allows thousands of people to enter the United States with permanent resident status. Permanent residence is symbolized with a card, most commonly referred to as a green card. But the government also denies thousands of green card applications. There are several possible factors for a green card application denial. The reasons vary from no basis for eligibility to grounds of inadmissibility to failure to properly deal with the application requirements. What’s more, a new policy broadens the powers of immigration officials to deny applications without first issuing a warning. Continue reading
What to expect at your Adjustment of Status Interview
First of all, don’t get anxious just because USCIS sent you an appointment notice for an I-485 interview. Almost everyone must go through an interview during the adjustment of status process. In fact, there’s reason to get excited. The I-485 interview is likely the last step in your application process. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. Continue reading
To obtain a green card for your spouse, you’ll need to submit Form I-130, Petition for Alien Relative, and evidence of a bona fide marriage to U.S. Citizenship and Immigration Services (USCIS).
Filing the I-130 petition is just the first step in the family-based immigration process. It’s critical that you establish a valid spousal relationship at this point, but also again and again.
In fact, immigration officials will ask additional questions about the relationship during the green card interview. As a conditional resident, the scrutiny will continue. A marriage certificate is necessary, but more evidence is required to prove a bona fide marriage. It’s never too early to begin collecting this evidence.
An applicant for a family-based green card will need a financial sponsor in the United States before immigrating. Although some new green card holders may be able to find employment immediately and support themselves, the financial sponsor is necessary in case things don’t go as planned.
Every person who immigrates based on a family-based visa petition must have a financial sponsor. Whoever files Form I-130, Petition for Alien Relative, on behalf of a family member (or Form I-129F on behalf of a fiancé) must also agree to be the financial sponsor and file Form I-864, Affidavit of Support, when the time comes for the person to actually immigrate to the United States. Continue reading
An interview is an essential part of obtaining virtually any nonimmigrant visa for entry to the United States. But K-1 fiancé visa interview questions dive deeper into your history and intentions. They can even seem a little personal. And that’s a little scary.
It’s natural to be anxious about your K-1 interview. If you are prepared and know your fiancé well, you’ll find that the fiancé visa interview questions are actually very simple to answer. The K-1 questions will focus on your relationship with the U.S. citizen fiancé, but there’s no reason to fear the interview if you have a genuine relationship. Continue reading
Foreign spouses who recently married U.S. citizens generally enter the United States as conditional residents. The conditional status lasts for a period of two years. U.S. Citizenship and Immigration Services (USCIS) uses the conditional status like a probation period. Before the end of the conditional period, the couple must file Form I-751, Petition to Remove Conditions on Residence and prove a bona fide marriage. Getting an I-751 approved is essential for the conditional resident to remain in the United States and obtain the permanent 10-year green card. Getting an I-751 denied can result in the foreign spouse being removed from the U.S.
If your Form I-751 is denied, USCIS will send you a letter explaining the reason for the decision. That letter will also include a Notice to Appear (NTA) in immigration court for removal proceedings. Continue reading
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