Family-Based Green Card
The specific Green Card application process will depend on whether your spouse is a US citizen or a US lawful permanent resident, and whether you as the non-US spouse are living in the US or overseas.
- If you are already resident in the US and have already married your US citizen spouse, you will usually make an application to adjust your status. This will be on the basis that you entered and remain in the US lawfully, for example on a work visa, and at the time you applied for your previous visa and were admitted into the country, you did not have the intention or plans to get married and stay in the US.
- If you are married to a US citizen and live outside the US, you would need to file Form I-130 to establish the relationship, before applying for your Green Card at a National Visa Center (NVC) and then attending the visa interview.
- If married to a US Green Card holder and you are outside the US, the same process applies as if married to a US citizen, except you would need to wait for Green Card availability in the visa bulletin before you can apply to the NVC. This stage alone of waiting for your priority date can take between 8-10 months.
During the visa interview, you and your spouse will be asked questions about your relationship, your history, your future plans, your family circumstances and anything to the authenticity of your marriage. If the adjudicator is satisfied the relationship is genuine, and the application is not fraudulent, they will approve the Green Card.
In relation to green card applications based on marriages to citizens, there are more who fall into the category of marriages to US permanent residents than married to a citizen. For that reason, the demand is often very high. As there are some risks involved in getting a green card by marriage application, Adam Bernard Attorneys review all cases very carefully to ensure a successful result.
Although getting a green card through marriage can often be the easiest way to obtain residency for a non-U.S. citizen, approval is not automatic. US citizens applying for a fiancée visa or marriage green card must be aware that immigration officials will scrutinize their applications to ensure that the marriage is legitimate and bona fide, and not for the sole purpose of gaining immigration benefits.
How Can the Conditions Be Removed?
The citizen and the foreign spouse must prove that the marriage is bona fide. If the citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued. In order to remove the conditions on permanent status, you and your immigration attorney should file Form I-751.
We recommend most couples to enlist the help of a qualified immigration attorney. With something as sensitive as the future of your relationship, it’s worth the investment to have your case handled by a team with years of experience and countless approvals under their belt.
If any of the following apply to your situation, it is highly advisable to contact our office today:
- You or your spouse has a criminal record, this includes any cautions, convictions or arrests;
- You or your spouse has illegally entered the U.S.;
- You or your spouse has previously violated U.S. immigration regulations;
- You or your spouse had a US immigration application rejected;
- Your marriage-based green card application lacks necessary evidence; Our experienced team has a record success of many happy couples we’ve helped reunite in the United States.
Consular Services for Applicants with Exceptional Circumstances
Applicants applying via a consular post and who is married to a US citizen can expedite their I-130 processing request, provided their US citizen spouse has a job offer in the US which requires them to start immediately; within three months of the first application. The US Embassy depending on the location processes the request for the non-citizen spouse in an expedited manner. The first stage of the process where the US Citizen attends the interview on behalf of their non US citizen spouse, is fairly quick as they approve the petitions on the same day of the interview. The next stage would be the NVC stage and post approval of NVC, the non-US citizen will be invited for a final interview at the US Embassy. Adam Bernard Attorneys will assist you in every stage of the process in reviewing the background and help you to submit the request to the Embassy. This process is completed in 3-4 months, and we have noticed a higher success rate of approval for the shorter time period.
Legal Fee:
USCIS Fee: $1,760 (I-130: $535; I-485: $1225)
| Form / Fee Type | Consular Processing | Applying from Inside the U.S. |
|---|---|---|
| I-130: Petition for Alien Relative | $675 (paper filing) or $625 (online filing) | $675 (paper filing) or $625 (online filing) |
| I-485: Green Card Application | Not Applicable | $1,440 |
| I-864: Affidavit of Support | $120 | $0 |
| Biometrics | $0 | $85 |
| State Department Processing (DS-260) | $325 | Not Applicable |
| USCIS Immigrant Fee | $235 | Not Applicable |
| I-131: Travel Permit (Optional) | Not Applicable | $630 |
| I-765: Work Permit (Optional) | Not Applicable | $260 |
If you reside outside of the United States your application must be submitted to the US Citizenship and Immigration Service. Even while the application is pending, you can enter the United States as a visitor.
The challenge for marriage Green Card applicants is that the application process can be protracted, leaving applicants living with the uncertainty of their pending application for months, and in many cases years.
With so much at stake, it will be important to get your application and supporting evidence to work hard in proving your eligibility, and for you and your US spouse to prepare well for the marriage visa interview.
You can apply for US citizenship after three years with Green Card holder status.
You will need to evidence that you meet the continuous and physical presence requirements, ie that you have spent the majority of the qualifying period living with your US spouse in the United States, and that you meet the other requirements for US naturalization, including being of good moral character, able to read, write and speak English and to demonstrate a basic understanding of the fundamentals of US history and government.
Once a permanent resident has naturalized, they will be entitled to all the rights and privileges granted to US citizens.
How Can Our Immigration Attorneys Help?
Our immigration attorneys have extensive experience in helping Family Based Green Card applicants. Our immigration law firm advises and guides you before, during, and after the visa application process. We also help you make the best decisions when seeking a green card permanent residence on an Family Based Green Card.
