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.
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 →
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 a citizen or permanent resident of the United States, you can help a relative get a green card. The green card, formally known as a permanent resident card, is the tangible proof that a person may permanently live and work in the U.S. as a permanent resident.
The process begins by filing Form I-130, Petition for Alien Relative. Specifically, the form establishes an eligible family relationship that exists between you and your relative and initiates the request for a visa.
Your relative’s wait for a green card will vary significantly based on the type of relationship and other factors. Immediate relatives may have virtually no wait while some family preference categories will have to wait several years. Filing the I-130 petition is a critical first step to get your family member get a green card. Continue reading →
A “spouse visa” in this article is a term to refer to an immigrant visa (green card) for spouses. The U.S. government may issue a spouse visa to the foreign national spouse of a U.S. citizen or permanent resident. For couples that have been married for less than two years, the U.S. Department of State will issue a “CR1” visa. This code indicates that the new permanent resident (green card holder) is a conditional resident. On other hand, spouses that have been married more than two years will likely be issued an “IR1” visa. In fact, most spouse visa beneficiaries are approved as conditional residents.
Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), scrutinize spouse relationships more than other types of immigrant visa applications. That’s because Continue reading →