1. What is the process for a U.S. citizen to sponsor a foreign spouse for permanent residency (a green card)?

The process for a U.S. citizen to sponsor a foreign spouse for permanent residency (a green card) is as follows:

1. The U.S. citizen must file the Petition for Alien Relative (Form I-130). This must be filed with the U.S. Citizenship and Immigration Services (USCIS) along with the necessary documents and fees.

2. Once the Form I-130 is approved, the foreign spouse must apply for an immigrant visa by filing an Application for Immigrant Visa and Alien Registration (Form DS-260). This must be filed with the National Visa Center (NVC).

3. The NVC will then schedule an interview and fingerprinting appointment for the foreign spouse at a U.S. consulate or embassy in his or her home country.

4. After successfully completing the interview and background checks, the foreign spouse will receive an immigrant visa and be allowed to enter the United States as a permanent resident.

2. How long does it take to get a green card through marriage to a U.S. citizen?

The typical processing time for a Green Card application through marriage to a U.S. citizen is approximately 10 to 13 months.

3. Are there any differences between the green card through marriage process for an alien spouse and a U.S. citizen spouse?

Yes, there are a few key differences between the green card through marriage process for an alien spouse and a U.S. citizen spouse. For an alien spouse, the process is more complicated and usually takes longer. Additionally, the alien spouse must usually first obtain a K-3 or K-4 visa in order to be eligible to apply for a green card through marriage to a U.S. citizen. Also, the alien spouse must provide more documents and information to demonstrate that the marriage is in good faith and not merely a marriage of convenience for immigration purposes. Finally, an alien spouse must also pass a medical examination before the application can be approved.

4. What documents are needed to apply for a green card through marriage?

In order to apply for a green card through marriage, the following documents are typically required:

-Copy of marriage certificate
-Copy of birth certificate
-Proof of termination of any previous marriages
-Proof of U.S. citizenship or legal resident status for the petitioner
-Form I-130, Petition for Alien Relative
-Form I-485, Application to Register Permanent Residence or Adjust Status
-Form G-325A, Biographic Information (for both the petitioner and the beneficiary)
-Form I-864, Affidavit of Support
-Copies of financial documents to prove that the petitioner can financially support the beneficiary
-Copies of tax returns for the past three years
-Copy of valid passport and any other forms of identification for both parties
-Proof of legal entry into the United States

5. What is an Affidavit of Support and why is it required?

An Affidavit of Support is a legally binding document that binds the sponsor of an immigrant to financially support the immigrant for either a temporary or permanent stay in the United States. It is required for immigration applications to prove that the sponsored immigrant will not become a public charge and rely on government assistance for subsistence.

6. How much does it cost to get a green card through marriage?

The cost of applying for a green card through marriage is $1,760. This total includes the $535 USCIS filing fee for Form I-485 (for both spouses), as well as fees for other necessary supporting documents.

7. Are there any special requirements for couples who have been married less than two years?

There may be special requirements for couples who have been married less than two years, depending on the country or state in which the marriage was registered. Generally, couples who have been married less than two years may need to provide additional documentation to prove the union is not a sham. This could include proof of finances shared, evidence of shared addresses, and other similar documents.

8. What is “conditional permanent residency” and how is it different from “permanent residency”?

Conditional permanent residency is a status that allows foreign nationals to live and work in the United States on a permanent basis, but with the condition that they must meet certain requirements to remain in the country. This type of residency is different from permanent residency in that it requires the holder to comply with certain conditions or requirements within a specific period of time. Failure to comply with these conditions could lead to a loss of their legal status in the United States.

9. Are there any special requirements for individuals with criminal history?

No, there are no special requirements for individuals with criminal history.

10. What happens once the alien spouse has been approved for permanent residency?

Once the alien spouse has been approved for permanent residency, they will receive a permanent resident card—also known as a Green Card—which will provide proof of their legal status in the United States. The foreign national will be able to stay in the US indefinitely and may even apply for US citizenship after a certain amount of time.

11. Can the alien spouse travel outside the United States while the green card application is pending?

Yes, an alien spouse may travel outside the United States while the green card application is pending. However, they must have a valid Advance Parole document in order to be readmitted to the United States.

12. Does the alien spouse need to attend an in-person interview?

Yes, the alien spouse must attend an in-person interview in order to apply for a green card. The interview is conducted by a U.S. Citizenship and Immigration Services (USCIS) officer.

13. Is it possible to expedite the green card application process?

Yes, it is possible to expedite the green card application process if the applicant has an urgent need to travel or has an employment opportunity waiting for them. Depending on the situation, applicants are able to request an expedited service from the United States Citizenship and Immigration Services (USCIS).

14. What if the foreign spouse has children?

If the foreign spouse has children, they may be eligible for a green card as “derivative beneficiaries.” They should have their own applications filled out and be included in the main foreign spouse’s application.

15. What is the process for applying for U.S. citizenship after obtaining a green card through marriage?

The process for applying for U.S. citizenship after obtaining a green card through marriage is to first meet the residency requirements. This means that the applicant must have been living in the United States as a permanent resident for at least 3 years before applying. After that, the applicant must fill out a Form N-400 for Application for Naturalization and submit it to U.S. Citizenship and Immigration Services (USCIS) along with supporting documents such as proof of marriage, proof of residence, passport photos, and other documents as required. The applicant will also be required to attend an interview and pass a civics and English test. After all the paperwork is processed, approved, and the tests passed, the applicant will be required to take the Oath of Allegiance to become a citizen.

16. Can a couple file for a green card from outside the United States?

Yes, a couple can file for a green card from outside the United States. The process is known as consular processing and involves filing an immigrant visa application at a U.S. consulate abroad. The couple must meet all the necessary requirements to be eligible for the visa and must pass interviews with a consular officer before being approved for entry into the United States.

17. When can the foreign spouse start working in the United States?

The foreign spouse can generally start working in the United States after obtaining an Employment Authorization Document (EAD) from the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS). This document is typically available within 90 days of submitting an I-765 form with a valid marriage visa.

18. What are the options for individuals whose application is denied or delayed?

Individuals whose applications are denied or delayed have several options available.

1. Appeal the decision: An individual can appeal the decision if they disagree with the decision regarding their application.

2. Request a hearing: An individual can request a hearing to explain their situation before a judge or panel.

3. Re-apply: An individual can re-apply for the same program or a different program if their application is denied or delayed.

4. Consider alternative programs: An individual can look into other programs that may be available to meet their needs if their application for a specific program has been denied or delayed.

5. Seek help from an immigration lawyer: If an individual is confused or overwhelmed by the process, they may want to seek help from an immigration lawyer.

19. Is it possible to apply for a green card through marriage if one person is not legally present in the United States?

No, it is not possible to apply for a green card through marriage if one person is not legally present in the United States. An individual must be legally present in the United States in order to apply for a green card through marriage.

20. How often must the foreign spouse renew their green card status?

A foreign spouse who is granted a green card will be issued a card that is valid for 10 years. After 10 years, the card must be renewed by submitting a Form I-90, Application to Replace Permanent Resident Card.