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Resources

Green Card through Marriage Application

There are many options to get a Green Card through Marriage to a U.S. Citizen
(“USC”) or Lawful Permanent Resident (“LPR”).
Green Card through Marriage to a USC
It is well known that marriage to a USC is the fastest and easiest way to get aGreen Card or to save a foreign-citizen’s illegal status. However, marriage to a USC will not automatically change one’s status to a lawful and permanent status in the United States.

 

i) Non-US spouse is legally in the U.S.
In this case, a USC can petition (“I-130”) for the Non-US spouse to adjust his
or her status in the United States provided that their marriage was entered in
 good faith. In order to support an I-130 petition, the following documents should be
included:

  •  Form I-130, Petition for Alien Relative
  • Form I-130A, Supplemental Information for a Spouse Beneficiary
  • Form I-864, Affidavit of Support
  • Marriage Certificate
  • United States Citizenship and Immigration Service (“USCIS”) Filing Fee, and
  • Evidence proving a valid marriage

    After I-130 approval or concurrently, a Non-US spouse may apply for an
    application (“I-485”) to adjust his or her status in the United States. Filing an I-
    485 concurrently with an I-130 may expedite the entire process, however, if an I-
    130 is denied, the USCIS will not refund the I-485 filing fee without reviewing the
    application. Therefore, it is recommended to seek a legal advice from an
    experienced immigration attorney before filing these forms concurrently. In
    order to support an I-485 application, the following documents should be
    included:

  •  Form I-485, Application to Adjust Status
  •  Form I-693, Report of Medical Examination and Vaccination Record
  •  Form I-864, Affidavit of Support
  •  Form I-765, Application for Employment Authorization
  •  Form I-131, Application for Travel Document
  •  Marriage Certificate
  •  USCIS filing fee
  •  Valid Passport with U.S. Visa Stamp page
  •  I-94 Record, and
  •  Evidence proving a valid marriage
    Once an I-485 is applied, the USCIS will send an appointment letter to take the
    Non-US spouse’s fingerprints. Before an I-485 is completed, an Employment
    Authorization Card (“EAC”) and Travel Document will be issued. At this point, the
  • Non-US spouse can work legally and travel abroad while the I-485 is pending.
    When the USCIS approves the I-485 application, the Non-US spouse will receive a
    conditional Green Card which will be valid for 2 years. The Non-US Spouse must
    remove the condition within 90 days before the card expires. Otherwise, the
    Non-US spouse will lose his or her permanent resident status. To remove the
    conditions on a Green Card, the Non-US spouse and the USC must jointly file a
    Petition (“I-751”) to Remove the Conditions of Residence. If the USC is not willing
    to jointly file the I-751, then the Non-US spouse will not be able to remove
    conditions except in the following cases:
  • Divorce
  • Death of the U.S. Citizen spouse
  • The foreign spouse was subjected to physical battering and/or extreme
    mental cruelty, and/or
  • Extreme hardship if returned to home country
    In these cases, the Non-US spouse can apply to waive the joint filing requirement
    and will be required to prove that the marriage was entered in good faith and not
    for the purpose of evading immigration laws.
    When an I-751 is finally approved, the Non- US spouse will receive a formal Green
    Card valid for 10 years. The Non-US spouse will be eligible to apply for
    Naturalization one year after receiving a formal Green Card.
    ii) Non-US spouse is illegally in the U.S.
    If the Non-US spouse has overstayed a Temporary U.S. Nonimmigrant visa, he or
    she will be forgiven and the same process for a Non-US spouse who is legally in
    the U.S. will be applied. However, if the Non-US spouse is overstaying beyond the
    authorization period admitted by the Visa Waiver Program (“VWP”) or the Non-
    US spouse entered the U.S. without inspection (“EWI”), then he or she may not
    be able to adjust his or her status in the U.S. Under Section 212(a)(9)(B) of the
    Immigration and Nationality Act, individuals who have accrued more than 180
    days of unlawful presence while in the United States must obtain a waiver of
    inadmissibility to overcome this bar. Therefore, the Non-US spouse must apply
    for Provisional Unlawful Presence Waivers (“601A”) after the I-130 is approved
    and the U.S. Department of State (“DOS”) immigrant visa fee has been paid. A

601A cannot be filed concurrently with any other applications. Once a 601A is
submitted, the Non-US souse will be requested to provide fingerprints. In order
to support the 601A application, the following documents should be included:

  •  Form 601A, Application for Provisional Unlawful Presence Waiver
  • Copy of DOS immigrant Visa Processing Fee Receipt
  •  Copy of Form I-797 indicating approval of I-130 petition
  •  Application fee
  •  Evidence proving hardship to Non-US spouse and USC
  •  Marriage certificate, and
  •  Copy of USC Birth Certificate or U.S. Passport
    Once the 601A is approved, a Non-US spouse must depart the U.S and appear at
    his or her immigrant visa interview with a U.S. Consular officer abroad. If the DOS
    consular officer determines that the Non-US spouse is admissible to the United
    States and eligible to receive an immigrant visa, then he or she will be issued an
    immigrant visa.

If a USC plans to bring a foreign national to the U.S. and marry later but within 90
days, then the USC may file a Petition (“Form I-129F”) for Alien Fiancé(e). In order
to file an I-129F, the following documents should be included:

  • Form I-129F, Petition for Alien Fiancé
  • Form I-134, Affidavit of Support
  • Birth Certificates
  • Evidence proving ongoing relationship
    Once an I-129F is approved, the USC will receive an approval notice from the
    USCIS valid for 4 months from the date of approval. The USCIS will also send the
    petition to the NVC. When the case is received at the embassy, the embassy will
    send the beneficiary a packet of instructions that provides further information,
    including how to book an appointment and what documents the beneficiary will
    need to present at the interview. If the interview is scheduled after the initial
    expiration date, the consular officer may extend the validity. The packet will ask
    the beneficiary to assemble the following documents:
  • A valid passport with an expiration date at least six months
  • Birth Certificate
  • Police Certificate from all places lived since age16
  • Form DS-3025, Medical Examination
  • Form I-864, Affidavit of Support
  • Evidence proving ongoing relationship
  • Visa Processing Fee
  • Two passport size photos
  • Fiancé Visa Application (D-160) with confirmation page

After the interview and if approved, the foreign national fiancé will receive a K1
visa on his or her passport. The Fiancé Status automatically expires after 90days.
It cannot be extended. Therefore, the foreign national will be required to leave
the U.S. at the end of the 90 days if the marriage does not take place. Once the
USC and the foreign national fiancé marry, the foreign national may apply for
LPR. Process to adjust a K1 visa status to a LPR status is a similar process as in the
Adjustment of Status after Marriage to a USC in the U.S., as explained above.

About

Jihi Law Group, LLC is an Immigration law firm. This practice area encompasses a variety of situations involving employment-based non-immigrant and immigrant visa and family-based immigrant visa.

Contact

600 Sylvan Avenue, Suite 404, Englewood Cliffs, New Jersey 07632
Mon - Fri 9:00 - 5:30. Saturday, Sunday - CLOSED
Joh@Jihilawgroup.com
Office: 201-419-6136   Mobile: 201-575-5348