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.
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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.
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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.
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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. The policy is being challenged in the highest court. Today, the U.S. Supreme Court will hear oral arguments in a case (McAleenan v. Vidal ) that will likely determine the future for more than 700,000 DACA recipients. 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.
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When filing Form I-130, Petition for Alien Relative, on behalf of a spouse, it’s necessary to submit evidence that you have a genuine, bona fide marriage. This can be challenging for a couple that hasn’t had time to join financial accounts or have children. This I-130 affidavit sample can help provide evidence in lieu of other documents.
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When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” U.S. Citizenship and Immigration Services (USCIS) wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit an I-751 affidavit.
These “letters of support” are statements written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading
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
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
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.
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