Tag Archives: I-130

Form I-130 (Petition for Alien Relative) posts in the CitizenPath immigration blog.

Green Card through Marriage to a U.S. Citizen

Green Card through Marriage to US CitizenGetting 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

Marriage to a U.S. Citizen After a Visa Overstay

Marriage to a U.S. Citizen After a Visa OverstayThe 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

How to Apply for a Family-Based Green Card

how to apply for a green cardUnited 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. Taxes and Immigration Consequences

U.S. Taxes and Immigration ConsequencesFor immigrants arriving to the United States, the American tax system can be a very new and confusing concept. In fact, the U.S. tax system is so complex that most natural-born Americans have difficulty filing each year. As a general rule, U.S. tax law applies to you if you live in the United States or spend a significant amount of time here.

In the United States everyone with income above certain levels is expected to file a tax return. That’s not true in all countries around the world. In many countries, the government withholds taxes from paychecks, and the individual never has to directly file an income tax return. The Internal Revenue Service (IRS) is the U.S. agency responsible for collecting taxes.

Whether you are a lawful permanent resident or an undocumented immigrant, it’s important that you get a basic understanding of your tax filing obligations. Continue reading

Getting Ready for the Marriage-Based Adjustment of Status Interview

Marriage-based adjustment of status interviewA 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

Marriage Green Card: Obtaining Permanent Residence through Marriage

Marriage Green Card ProcessMarriage 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

Fiancé Visa or Marriage Visa: Which is Better?

Which is the Best Way to Get a Marriage-Based Green Card?

k-1 fiancé visa or marriage visa for green cardWhen 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.

Fiancé Visa

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).

Marriage Visa

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

What Happens at an Immigration Medical Exam

Immigration Medical Exam and form I-693An 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

Family-Based Green Card Application

Family Based Green CardThe 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

Upgrade an I-130 Petition After Naturalization

upgrade an i-130 petition for spouse or childrenIf 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