Most foreigners who come to the U.S. may not have the intent to stay permanently, return to their home country.
But, it’s not uncommon for nonimmigrants to fall in love and marry a U.S. citizen or a green card holder while they are on H-1B status in the U.S. If the same applies to you and you are thinking about filing a marriage-based green card application, we have good news: you can apply for a green card to permanently ensure your stay in the U.S. and continue working and living with your loved one.
The process of getting a green card as an H-1B visa holder might be complex, so it’s important to understand differences that will mostly depend on whether your spouse is a U.S. citizen or a green card holder.
But, before we dive in: bear in mind that having an attorney’s support can speed the green card application process up and prevent you from making mistakes and losing the opportunity to get the green card. The green card process might seem complicated, but we can help you turn it into an unforgettable experience! Whatsmore, the green card also gives you a pathway to U.S. citizenship.
What Is H1-B Visa?
As you can guess from its name, a green card based on employment is initiated by a U.S. employer who wants to sponsor an employee for permanent resident status to work in the United States.
The H-1B falls under a nonimmigrant work visa category that is intended for foreign workers for specialty jobs that require a bachelor’s degree or equivalent.
Sponsoring workers to get the green card through employment costs money to the U.S. employer, so it is typically reserved for well-educated employees having skillsets, not in strong supply on the U.S. workforce market.
Transitioning from the H-1B visa to a Green Card
Unlike some other visas, to receive your green card through transition from an H-1B, your U.S. employer has to initiate it. U.S.-based companies that sponsor foreign workers for employment visas are typically held for green card sponsorship.
An employee can obtain an H-1B green card through a rigorous process passing three phases.
Phase 1: Obtaining PERM Labor Certification
The employer must file a PERM application. The PERM stands for Program Electronic Review Management with the U.S. government. The purpose of the PERM process is to ensure that:
- The current pool of U.S. workers has no one qualified, available, and willing to perform the open position; and
- The offered salary is reasonable in the current labor market.
The other purpose of the PERM labor certification is to protect U.S. workers and the H-1B green card applicants from artificially lowered wages.
Phase 2: Filing I-140
After filing the PERM application, the employer now must file one more form to request an employment-based visa, I-140, Immigrant Petition for Alien Workers. After successfully filled, the employee or the beneficiary gets a “priority date” stating “the place in line.”
The H-1B holder must maintain lawful immigration status. If their I-140 petition (labor certification) was filed a year before the beginning of their exemption from the normal 6-year limit, H-1B workers could request an extension of their status in one-year increments.
Phase 3: Filing Form I-485
After U.S. Citizenship and Immigration Services USCIS approved Form I-140, and a visa is available, the H-1B holder may adjust status to permanent residence status. The employee must continue to live inside the United States and be in valid immigration status. He or she can adjust status by submitting I-485, Application to Register Permanent Residence.
The H-1B is one of two visas considered a dual intent visa, which means that the H-1B holder can travel without abandoning their adjustment of the status case based on marriage as long as they:
- Didn’t use their advanced parole to formally “enter” the U.S., and
- Didn’t begin to use their work authorization with their employer.
Discussing the future with Employers
Although there are many foreign workers in the United States, not all employers may commit to offering an H-1B worker a green card sponsorship.
At the beginning of the worker’s contract, the employers will assess their skills, how committed they are, whether they benefit the company, etc. Sometimes, it can take years before discussing the possibility of a green card petition with their employers. Once the employer is satisfied, they may offer to noncitizens to sponsor their petitions.
However, keep in mind that if your employer offers you the sponsorship a few months before the expiration date of your H-1B visa, it may be too late. So, ideally, you should find out if your employer is willing to sponsor your green card application by starting their sixth year on an H-1B.
Benefits of H1-B Visa
The H1B is a dual-intent and nonimmigrant temporary visa, meaning holders are eligible to apply for a green card.
Whatsmore, they can do it without leaving the United States, and government officials won’t suspect them having misrepresented their intentions when they first arrived.
The H-1B does not make you eligible for permanent residence automatically. Besides the employment-based path for H-1B holders, various ways lead to a marriage based green card through the H-1B green card process.
The H-1B is genuinely a flexible visa, as it can be used to travel before receiving advanced parole. For most other visa categories, the adjustment of status would be abandoned entirely if the visa holder traveled without advance parole, such as if the applicant had an O-1 visa.
If you are a foreigner working in the United States on an H-1B, you may stay for up to six years. When your H1-B expires, you must depart the United States and return to your home country, or have an employer who wants to sponsor you for permanent residence (green card).
If you are on an H-1B, there are no legal restrictions to get married to a U.S. citizen as long as you comply with U.S. laws.
Moreover, as an H-1B holder, you can apply to adjust status or go toward the marriage based green card through other pathways without affecting your status.
Green Card application Fees
High costs are associated with transitioning from an H-1B to a green card that may discourage U.S. employers from sponsoring their workers. Still, also noncitizen workers should pay some of the fees themselves.
The fees for a green card application form H1-B include:
- $2,000 to $5,000 PERM certification application submission, handled by the employer
- $580 fee for submitting I-140, usually paid by the worker
- $1,070 fee for submitting I-485, also paid by the worker
Whatsmore, there could be some additional costs, such as hiring an attorney. Many H-1B workers decide to hire an attorney because they find understanding the U.S. immigration law challenging to follow and want to make sure their applications are correctly filled.
How to Obtain a Marriage Green Card While you Hold an H1-B visa?
As we mentioned above, the H-1B visa is a “dual-intent” visa which means that holders can use it to come and work in the United States even while they’re seeking permanent residence.
In other words, H-1B visa holders apply for green cards from the United States without being suspected of having misrepresented intentions when they arrived.
If you are not sure whether your U.S. employer will initiate the green card application process and you are married to a U.S. citizen or green card holder, you can apply for the green card based on marriage. Some factors will affect your green card application here as well: the application process and the H-1B the green card time will depend on whether you’re married to a U.S. citizen or a green card holder.
Two Paths to a Green Card
As we stated in the beginning, there are two paths to switching from the H-1B to the green card, depending on whether your spouse is a U.S. citizen or a lawful permanent resident.
Path 1: Your spouse is a U.S. citizen
Spouses of U.S. citizens have a more straightforward route to a marriage green card. They start the process by filing the required USCIS forms.
Two forms to file
To start the process, there are two USCIS forms that an H-1B holder has to file:
- The family sponsorship form, I-130, to establish a relationship between you and your spouse, and
- The green card application, I-485, to request a green card.
To save time and speed the process, you can file both USCIS forms at the same time through the process known as “concurrent filing.”
After submitting Form I-485, you can obtain a travel permit if you plan to have any trips outside the United States.
If you do not have a travel permit but leave the U.S. at one moment while your green card application is still processing, the U.S. government will consider you to have abandoned your green card application. In this scenario, you will need to restart the process and go all over again.
How To Get a Work Permit?
The application process can take some time, so you should apply for a work permit, as well. This application is officially called the “Employment Authorization Document,” or EAD. You can file EAD at the same time with your green card application, and in about 150 days, you’ll receive the approval of your work permit.
If you do not receive a work permit and your H-1B visa expires, you’ll have to stop working and continue after receiving work authorization again.
Path 2: Your spouse is a green card holder
H-1B holders seeking a marriage-based green card to a lawful permanent resident need to pass a bit more complicated process. Whatsmore, the processing time can be longer.
Required Forms
H-1B holders married to green card holders also have to file two USCIS forms:
- Form I-130, Family Sponsorship Form, to establish their relationship
- Form I-485 to request a green card.
Can Green Card Holders Use Concurrent Filing?
The main difference is that spouses of green card holders can’t use concurrent filing as spouses of U.S. citizens, making the process much longer. In other words, you will have to submit the family sponsorship form and wait to receive a visa number.
Once your immigrant visa category priority date is current, you will be able to submit your marriage green card application.
The waiting period to receive your green card after submitting the family sponsorship form before continuing can be up to two years.
Travel Permit
Like spouses of U.S. citizens, spouses of green card holders can also apply for a work permit after filing I-485.
How to Get a Work Permit?
H-1B visa holders who are married legal permanent residents can also apply for a work permit at no extra cost.
But, be aware that the work permit application (Form I-765) can only be filed alongside your actual green card application. You will remain in the U.S. and work on an H-1B visa until you submit your marriage-based green card application.
This can cause problems if you reach the 6-year maximum on your visa before becoming eligible to apply for a green card. In your visa expires, you will have to leave the United States and use “consular processing” to continue the green card application.
How Long Does It Take to Switch from an H-1B to a Marriage Green Card?
As we mentioned above, the timeline for getting a marriage-based green card will depend on whether you’re married to a U.S. citizen or green card holder:
Spouses of U.S. citizens usually need to wait between 10 and 13 months to receive their green card.
The waiting time for spouses of green card holders is 29–38 months
However, the state you live in can also impact your wait time because not all field offices have the same processing time.
Also, remember that if your marriage is less than two years old when you will receive a conditional green card with two years of validity.
How An Attorney Can Help you Become a Permanent Resident?
Immigration paperwork for the green card application can be complex and confusing.
The marriage-based green card process may last for a long time. No matter if you are married to a U.S. citizen or a green card holder that will determine your pathway to the green card from H1-B and eventual U.S. citizenship, there are many reasons why hiring a lawyer from the first phase can be conducive and can save you time and money.
Richard Herman is our attorney who can support you on your way to transition from H1-B or other visa categories to the green card, and hopefully U.S. citizenship. We have been helping our clients to bring their families to the U.S. for more than 20 years.
Your lawyer will support you in preparing your green card application, fulfilling USCIS forms by reviewing the evidence you have, and eventually by preparing you for the interview with the USCIS officer. Also, your lawyer will monitor the whole process paying attention that no mistakes are made to get your green card as soon as possible.
Also, we speak more than 12 different languages, so call now to request your consultation!
How to Shift from Tourist Visa to the Green Card?
Having a long-distance relationship is challenging and especially hard in unpredictable global circumstances, as it was during the COVID-19 pandemic.
In 2020, borders were closed, and leaving the country for many people was impossible, which was more devastating if you couldn’t visit your loved ones.
If your loved one is a U.S. citizen or a U.S. lawful permanent resident, you are probably looking for the options to be together after you get married.
Obtaining immigrant visas can take time, so if you have a tourist visa or visitor visa and want to visit your partner in the United States, you might also think about whether you can get married on a tourist visa without leaving the U.S.
To start the green card process with the help of a top-notch immigration lawyer, contact our law firm using platforms Skype, WhatsApp, or ZOOM if you are overseas. Or, you call us for telephone consultation at +1-216-696-6170
Short Review on B1 B2 Visa
B1/B2 visa is a non-immigrant visa. B1/ B2 visa is usually suitable for those ineligible for an ESTA visa waiver or who require a longer-term visa. The B-1 B-2 visa allows the visa holder to enter the United States for business or tourism and stay for six months in the U.S.
The B-1 visa is intended for business trips, and the B-2 visa is a tourist or visitor visa that you can use for vacations or family visits.
The B1/B2 visa is valid for ten years.
What Can You Do With B 1 B 2 visa?
This tourist or visitor visa allows you just to come to the U.S. but, also it allows:
- Multi-entry
- Tourist/business visits
- Attending the required embassy interview
The B1 B2 visa is also used by people who fell in love with a U.S. citizen to get married to their partner who is a U.S. Citizen or permanent resident.
Get Married While you hold B 1 B 2 Visa
Many foreign nationals who want to get married as U.S. citizens or lawful permanent resident often wonder if is it possible to adjust their status and seek permanent residency in the U.S. if they married while on a tourist visa or visitor visa.
As an immigrant getting married to a U.S. citizen or lawful permanent resident on a B-1/B-2 visitor visa, you can apply for a marriage visa to live with your spouse in the United States.
As a B-1/B-2 visa holder, you could apply for a green card when you come to the U.S. through a process known as “adjustment of status” and filing your application with U.S. Citizenship and Immigration Services USCIS.
Otherwise, you can apply from your home country using consular processing and submitting your green card application with the U.S. consulate or U.S. embassy in your country.
This guide will cover both options to help you determine the best approach and avoid common mistakes that could affect your green card application
Timing of The Wedding
When examining your case, USCIS may question the timing of your wedding.
If you got married too soon, right after you entered the U.S. and apply for adjustment of status, USCIS might assume that the marriage is fraudulent and that your intention to enter the U.S. is only for immigration purposes.
On the other side, if you are entering the U.S. intending to get married and then return to your home country, the timing of your wedding about your entry are irrelevant.
Adjustment of Status and Consular Processing- What is the Difference?
Before we continue, it’s good to remind ourselves what is the main difference between the processes of obtaining green cards.
Adjustment of Status is the process that can use applicants who are already in the United States.
On the other side, consular processing is for foreigners who apply for a green card from outside the United States.
Whatever path you take, applying for a green card is a far-reaching decision.
Nonimmigrant Intent
Like most nonimmigrant visas, a B-1/B-2 visa requires that the foreign national has a nonimmigrant intent. Nonimmigrant intent is when the foreign national does not plan to stay in the United States.
Because of this, the foreigner has to prove that he or she will return to the home country once the purpose of the trip is fulfilled.
Using visitor visas as opposed to their purposes (B-1 visit is a temporary business and the B-2 temporary leisure) to enter the U.S. with the sole intention to get married and apply for a green card is a form of fraud and violation of the terms of the visa.
What Can Happen If I Use my B-1 or B-2 visa just to get married in the U.S.?
Marrying a U.S. citizen for the sole purpose to obtain a green card and lawful permanent resident status is the misconduct that may result in a denied green card application, or even worse, it can create long-term immigration problems.
Generally, it is legal to get married while you are in the U.S. as a visitor on a B-2 visa, but only if you return home at the end of your permitted stay. However, this is not a risk-free strategy.
The border officials may not believe your intentions, and they can exercise “expedited removal” powers and deny you entry and put an order of removal on your record. This will prevent your return to the U.S. for several years.
This is why the better option is to obtain a fiance visa K-1 to travel to the United States, visit your loved one, and get married, although obtaining it can take a little bit longer.
K-1 Dual Intent
Unlike most temporary visas, a dual intent visa allows foreign nationals to stay in the United States temporarily, but with the intention to immigrate to the U.S. permanently.
If a foreign nation wants to adjust status to permanent residence with other nonimmigrant visas, it can trigger severe, long-term immigration problems.
Most people will find it challenging to qualify for a U.S. nonimmigrant visa, especially if there is any evidence of immigrant intent.
Proving Nonimmigrant Intent
There are some types of nonimmigrant visas that require proof that the applicant:
- Does not intend to immigrate to the U.S. permanently;
- Hasn’t abandoned foreign residence; and
- Will visit come to the United States just temporarily.
When a consular officer assesses whether a nonimmigrant visa will be issued to the applicants, the officer considers requirements and the factors that will encourage them to return to the home country and factors that may attract the applicant to stay in the U.S.
Factors that the Consular Officer Would Pay Attention to –
To determine what is the applicant’s intent, the consular officer will consider:
- Family and personal ties in a home country and the U.S.
- Work and business ties in a home country and the U.S., as well as opportunities
- Homes owned or leased in a home country and the U.S.
- Property ties such as car/cars, bank accounts, investments, another real estate in each country
- Social or cultural ties
- Efforts made before to establish permanent residence in the U.S. and previous U.S. immigration violations
- Whether the purpose of coming to the U.S. is transparent, credible, and consistent with the desire to keep a principal home abroad.
90-day rule for B 1 B 2 visitor visa holders
Figuring out whether to use adjustment of status application process or consular processing can be complicated. B-1/B-2 visa holders can sometimes use adjustment of status to apply for a green card.
However, visa holders may face extra scrutiny by U.S. Customs and Border Protection (CBP) when they use a B-1 B-2 visa to enter the United States because they are declaring their intention to leave the U.S. before the period of admittance expires.
If instead, a foreigner remains in the United States and begins the adjustment of status process, they could find themselves questioned over whether they misrepresented intentions when first entered the United States.
If a USCIS officer determines that you lied, your green card application can be rejected, and your temporary visa revoked. Temporary visa holders who file for a green card within 90 days of arriving in the United States are deemed to have “willfully misrepresented” their intentions. But if you understand the 90-day rule used by USCIS officers, you can avoid such a situation.
Two paths to a Green Card
As a B-1/B-2 visa holder, your route to a marriage green card will differ depending on whether your spouse is a U.S. citizen or a green-card holder.
IF YOUR SPOUSE IS A U.S. CITIZEN
If you are married to a U.S. citizen and plan to apply for a green card visa and adjust status, you and your spouse will first need to file the two forms.
Green Card Application Forms Filed By Both Spouses
- Form I-130 (family sponsorship form or “Petition for Alien Relative”) — filed by your spouse, who is a U.S. citizen.
- Form I-485 (the green card application — or the “Application to Register Permanent Residence or Adjust Status”) — filed by the B-1/B-2 visitor.
You can file both these forms concurrently or at the same time.
Bona Fide Marriage
As long as your marriage with your U.S. citizen spouse is “in good faith,” meaning that your marriage is genuine and entered with love, you should be able to receive your green card within 10 to 13 months. When you send your application package, you will be invited to the green card interview to prove to the U.S. government that your marriage is real.
IF YOUR SPOUSE IS A GREEN CARD HOLDER
If your spouse is a green card holder, he or she has to:
- Form I-130 (the “Petition for Alien Relative”). Upon approval, you must wait to receive a visa number and then to apply for a marriage-based green card. Visa numbers are not immediately available to spouses of green-card holders.
- If your visa number becomes available:
- Before your visa expires, you can stay in the United States. In this case, you need to follow the same green card application process for most other spouses living in the United States and use Form I-485. Once your green card application is approved, your physical green card will arrive in about 29 to 38 months.
- After your visa expires, you will need to leave the United States and use consular processing in your home country. Once your marriage-based green card application is approved, your green card will be mailed in 23 to 32 months.
Do You Need An Immigration Attorney?
If you fell in love and are planning on getting married when you come to the U.S., hiring an immigration attorney at the right time from the very first beginning can have a huge impact on the process’s efficiency and success.
Herman Legal Group is a law firm having fruitful experience bringing spouses of U.S. citizens or lawful permanent residents and other family members to the United States. Attorneys at our law firm deal with all the paperwork and may provide professional legal advice on how to act through the process and guide you through the transition from non-immigration visas to immigration visas, all the way to obtaining U.S. citizenship.
Herman Legal Group law firm provides all legal immigration services and can help you fill out any necessary form and make sure you enter the United States on a valid visa and get into the process of obtaining a green card. Don’t worry; you can trust the immigration attorneys in our law firm. We highly respect the attorney-client privilege, so any information and data provided will be treated with confidentiality.
After the consultation, your immigration attorney will design the unique strategy applicable to your case and help you prepare your green card application and required immigration forms.
How To Get Legal Advice?
If you wonder when to hire a lawyer, we can ensure you that the best time is NOW! People often make mistakes that could easily be avoided if an attorney guided them.
Having an immigration attorney to promptly provide the right legal advice at each phase of the process will leave enough time for you to make plans to get married. For information on green card processes, you can find them on the blog.
Please, keep in mind that the information on this website is not legal advice. For getting the right legal advice applicable to your case, call us and schedule the consultation to talk to a lawyer who will assess your case and design the right strategy for you.
To contact us, use one of the online platforms you prefer: Skype, WhatsApp, or ZOOM if you are overseas. Or, you can call us for telephone consultation at +1-216-696-6170 .
Many international students come to the United States every year through an F-1 nonimmigrant visa, fell in love with U.S. citizens, and want to start a family and live in the United States. This visa is granted only for the duration of the student program with additional months to gain work experience. After its expiration, you will need to return to your home country.
But, if you are an international student holding an F-1 student status and want to get married or you recently married a U.S. citizen or a green card holder (a permanent resident), you can learn how to apply for a marriage-based green card and stay and live with your spouse in the United States.
The transition process from one visa to another, as in this case from an F-1 student visa to an immigrant visa (a green card), is officially known as “adjustment of status.”
Before applying or before you adjust status, it’s essential to be aware of eligibility requirements and any potential issues you may face in the process.
What is the Right Time to Adjust F-1 Visa to a Marriage-Based Green Card?
Filing for adjustment of status at an inappropriate time is a common mistake that many international students make. Applying for a status adjustment shortly after entering the United States can be considered too early. If you do so, the government officials may subject your intentions to suspicion.
Similarly, if you file when you are out of status will also affect your approval chances. Therefore, it’s essential first to understand what U.S. immigration law governs, focusing on the 90-day rule.
How Can the 90-Day Rule Affect Change of Status from F-1 to Marriage-Based Green Card Application?
Bear in mind that entering the United States on an F-1 visa with the apparent intention to get a permanent residency through marriage is considered a violation of an F-1 visa. If an alien file for a green card within 90 days of entering the United States on a temporary visa, the same applies- the U.S. officials will deem that the alien’s intentions were only for immigration purposes.
The 90-Day Rule
When evaluating these applications, immigration officers apply a particular guideline called the “90-day rule”. It helps them determine whether a foreign spouse seeking a green card was truthful about the intention of coming to the United States and had no plan of returning to the home country before your F-1 visa expired.
How to Calculate 90 days?
To find the date of your most recent entry to the United States, you can check your I-94 travel record (Form I-94 Arrival/Departure Record). On the date stated in this form, add 90 days.
Bear in mind that if your first entry to the United States was on a B-2 visitor (tourist) visa, and then you returned to the United States with an F-1 visa, the 90-day rule would apply only to the last date you entered the United States, in this case with the F-1 visa.
On the other side, if you entered with a B-2 visa and applied for an F-1 student visa and got the approval while you were still in the United States, and before your B-2 visa, the 90-day rule would apply to the date you entered with a B-2 visa.
Transition From a Students Visa to a Marriage-Based Green Card
The U.S. immigration law gives two different options for a foreign national with F-1 status (a student visa)to acquire a green card through marriage:
- Be married to a U.S. citizen
- Be married to a U.S. green card holder (a lawful permanent resident)
You and your spouse need to follow slight differences in application processes for these cases, so the following parts of these articles will apply to you depending on your situation and the category you belong to.
The common thing is that the sponsoring spouse must file a petition with the USCIS to prove the eligibility to be your sponsor. There are specific requirements for a sponsoring spouse and a spouse seeking a green card that you have to meet.
If You Are Married to a U.S. Citizen
When the sponsoring spouse is a U.S. citizen, to complete the status change from an F-1 to a marriage-based green card, the spouse has to file:
I-130, Petition for Alien Relative
The sponsoring spouse has to initiate the process by filing an I-130 petition with the U.S. Citizenship and Immigration Services USCIS. The purpose of this form is to establish the marital relationship between you and your spouse seeking a green card.
You have to fill it out appropriately and submit it with all the required documents. The fundamental condition of marriage-based green cards is to prove the authenticity of your relationship or that your marriage is bona fide. Since marriage fraud is a common thing in the United States, the government scrutinizes this visa category more than others.
I-485, Application to Register Permanent Residence or Adjust Status
A foreign national spouse has to file the I-485 form to adjust status from the F-1 visa to a marriage-based green card. Since you are a spouse of a U.S. citizen, you can choose the option and file both the I-130 and I-485 concurrently.
An immigrant visa is always available to a U.S. citizen’s immediate relatives, but you will need to wait for the USCIS to approve your petition.
Once the immigration officer determines that your relationship is real and convinced that you meet the eligibility criteria for a green card, they will approve your application. The processing time for marriage-based green cards for a U.S. citizen’s spouse is 10 to 13 months.
If You Are Married to a Permanent Resident (a green card holder)
In this case, immigrant status isn’t readily available to you as it is when a foreign spouse is married to a U.S. citizen, which causes the processing time of the green card application to take longer. To change F-1 visa to a marriage-based green card, you have to file:
I-130 form, Petition for Alien Relative
As in the previous case, the sponsoring spouse, the permanent resident, will start the process by filing the I-130 form and relevant evidence proving that your marriage is bona fide.
Wait for the Priority Date to Become Current
When receives your I-130 application, USCIS will issue a priority date, and you will see what your place in the waiting line is.
Bear in mind that green cards are not readily available for spouses of green card holders and that there is an annual cap for the number of available green cards per year.
Your priority date starts counting the moment the USCIS receives your I-130, and you will need to wait until it becomes “current”. Once your application becomes current, you can apply for a change of F-1 status to a marriage-based green card.
You check the monthly visa bulletin and observe the waiting line. The waiting period could be several months or even years, depending on how many applicants are ahead of you.
File the I-485 for Adjustment of Status
Once you see that your priority date became current, you will be eligible to file an I-485 form to adjust status from an F-1 to a marriage-based green card.
Other Requirements
Along with a properly filed application and relevant evidence of your marriage, to adjust status, you will also have to:
Take Medical Examination
You need to undergo a medical examination as part of your adjustment of status process conducted by a USCIS-certified doctor.
Attending Marriage-Based Green Card Interview
An immigration interview is the last step in the process where U.S. officers will scrutinize the validity of your marriage. Your performance at the interview is very crucial to your application success. So, learn how to appear and behave.
What If F-1 Visa Expires While Waiting for the Marriage-Based Green Card?
Generally, it is illegal to remain in the U.S. when you’re status expires. If your F-1 status expires while your green card application is still processing, there are two options:
- You can apply for an extension of your F-1 visa or other temporary visas. Either way, if your application is approved, you will be able to stay in the U.S.
- You can leave the U.S. and continue the application process from your home country at the U.S. embassy or U.S. Consulate.
In case that you overstay your visa, you can expect severe punishment, so be careful. If you stayed for more than six months after your status expired, you might face the bar from reentering the United States for three years.
If you overstayed for more than one year, there is a chance that you will not be allowed to enter the United States for up to ten years.
Receiving Your Marriage-Based Green Card
After completing the process, you will obtain a physical green card recognizing you as a lawful permanent resident. The USCIS will issue your green card to the address you stated in your application. The type of marriage-based green card will depend on the duration of your marriage.
If You Have Been Married for Less Than Two Years
If you are in marriage for less than two years, you will get a conditional resident status with a two-year validity period. The reason for issuing conditional green cards is to give more time to assess the bona fide relationship between you and your spouse.
You have to prove that you didn’t enter into the marriage to get a green card and become a U.S. lawful permanent resident. If you are still together after the two years validity as a couple, you should remove the conditions by filing and get a ten-year valid permanent green card.
If You Have Been Married for More Than Two Years Old
The USCIS will issue a standard unconditional green card for marriage over two years old. This green card is valid for ten years. After this period expires, you may choose to renew the green card or apply for citizenship after some years.
Work In the U.S. While Waiting for The Marriage-Based Green Card
When you submit your I-485, you will be given the option of filing other forms and get a travel and work permit. The processing time for change of status applications can take up to 12 months so Forms I-765 and I-131 will allow you to work or travel while you wait for your petition to be processed.
These two forms have a shorter processing time than the green card.
The I-765 form
I-765 is an application form for employment authorization. Upon approval, you will be able to get the work permit, also called the Employment Authorization Document (EAD).
The I-131 is a travel permit allowing you to leave the United States and reenter while you still wait for your green card.
You can choose to remain with the same organization for your Optional Practical Training (OPT) or, you may apply to find a new job with another employer.
Attorney Can Help You File Change of Status Application!
Richard Herman is a U.S. immigration attorney having more than 20 years of experience. Richard and his team have helped dozens of clients to fulfill their dreams and start their lives in the United States and receive an immigrant visa and become permanent residents. Herman Legal Group law firm provides legal immigration services to clients around the globe.
If you want the attorney to help you change your nonimmigrant status and guide you easily through the application process, you may call us at (+1)(614) 300-1131. Also, you can use the online form and book your consultation with Richard Herman to be a step closer to your immigrant visa and your permanent resident status.
If you are a U.S. citizen and your spouse is a foreign national living abroad, continue reading and learning how to get an immigrant visa through a marriage-based green card application process. The process of getting an immigrant visa for spouses of U.S. citizens who live in the United States and who live abroad differs. Here, we will talk about the scenario when spouses of U.S. citizens who want to file a green card application and become lawful permanent residents are already in the United States.
We Can Help!
Whatever case applies to you, the path to the immigrant visa, the marriage-based green card, can be challenging. Having an immigration attorney by your side can give you advantages in conducting the right strategy and avoid delays in the green card process. Use the online form or call us at (+1)(614) 300-1131 for a consultation and ensure you get your immigrant visa staying on the right course.
What is The Consular Processing?
Consular processing is one of two pathways that a spouse of a U.S. citizen can take to receive an immigrant visa, the green card.
Consular processing is intended for the immigrant outside the U.S. or for a spouse of the U.S. citizen living in the U.S., but who needs to leave before processing the petition.
Who Processes These Applications?
Using consular processing means that the immigrant’s application is processed at a State Department consulate or embassy, usually in the immigrant’s home country or country of origin.
Now, we will guide you through each milestone of obtaining a permanent residence status when your spouse is outside the U.S.
Step 1: Sponsor Files the 130 Form, Petition for Alien Relative
The first step in getting the marriage-based green card and becoming a lawful permanent resident is filing Form I-130 (the “Petition for Alien Relative”) and additional documents. The sponsoring spouse, a sponsor, or a petitioner must file this petition with U.S. Citizenship and Immigration Services (USCIS), a part of the U.S. Department of Homeland Security, to establish a valid marriage relationship between spouses.
The I-130 package includes two forms, which the U.S. citizen spouse must submit along with the supporting documents to the USCIS:
- Form I-130, Petition for Alien Relatives:U.S. citizen must sign and complete this petition.
- Form I-130A, Supplemental Information for Spouse Beneficiary: to be completed by the applicant (foreign spouse).
Government Forms and Fees
The required immigrant fee for the I-130 petition is $535.
Once you complete your I-130 filing package, you’ll mail your petition to the correct U.S. Citizenship and Immigration Services USCIS address.
Next, you’ll get an official receipt notice in the mail from U.S. Citizenship and Immigration Services USCIS, usually within two weeks. If USCIS needs more information about your case, they will issue a “Request for Evidence” (RFE) within 2–3 months requiring you to file additional documents.
Once USCIS has everything they need, they typically decide on your sponsorship petition, within months.
Step 2: Apply for a Green Card
Since the spouse applying for a marriage based green card (a beneficiary seeking an immigrant visa) is living outside the United States, USCIS will transfer your case to the National Visa Center (NVC) to gather the necessary forms and documents.
Upon receiving the application package, NVC, run by the U.S. State Department, will assign a unique case number used to identify the case from that point onward and decide whether your spouse is ready for a marriage green card interview at a U.S. embassy or consulate.
This process is called “consular processing.” After 3-5 months, NVC will forward the case to a U.S. embassy or consulate in the applicant spouse’s country of origin.
Government Forms And Fees
When NVC assigns the number to your case, you will need to file the DS-261 form that states the U.S. State Department how to communicate with you. NVC takes up to three weeks to process the DS-261.
There is no fee for filing form, but you’ll need to pay a total of $445 online to cover the State Department’s application processing fee ($325) and the financial support form fee ($120). NVC can take up to a week to process your payment.
Filing The Visa Application
After payment processing, you can file the DS-260 (immigrant visa application). You will need your case number, beneficiary ID number, and invoice number from the original notice that the NVC sent you. When you file the DS-260 online, don’t forget to print the confirmation page because you need to bring it to your visa interview.
After you file the DS-260, the NVC will send you a confirmation notice, usually on the same day (via mail or email).
To support your application, you will need to file additional documents to the NVC. These supporting documents include Form I-864 (“Affidavit of Support”) and Form DS-5540 (“Public Charge Questionnaire”).
The processing time of your Affidavit of Support will depend on which U.S. embassy or consulate is processing your visa application and if you submitted it online or with U.S. Consulate. You can check here which options you can use.
Although it’s highly advisable to double-check your visa application and f you forgot the submit some documents, or you weren’t aware that NVC would need it, don’t worry- the NVC will send you a checklist of missing documents. You can expect such a checklist, typically within 1–2 months after NVC receives your application.
Once the National Visa Center NVC completed your application, they will make a decision within 3-5 months.
Step 3: Pre-Visa Interview Requirements
When NVC decides on your green card application, it will transfer your files to the U.S. consulate in your spouse’s home country.
Medical Examination
The spouse seeking a green card must visit a State Department-approved doctor to get a medical examination. Getting a medical examination is the obligatory step before attending the green card interview. The U.S. consulate sends a list of U.S. State Department-approved doctors along with your interview notice.
The cost of this exam varies, and it will depend on the country you take the medical examination, but it can go up to $200.
When you get the results of your examination and vaccination record, you can prepare it to bring it with you to the green card interview.
Passport Delivery
The next step the spouse who seeks a green card must do before the visa interview is to sign up online with an exact address. Have on your mind to provide the correct address because your passport will be returned after an approved visa stamp.
Therefore, it is helpful to follow instructions to sign up for passport delivery provided on each consulate’s website.
Fingerprinting Appointment
In most countries, the spouse seeking a green card must also sign up for a fingerprinting appointment. The fingerprinting appointment takes place at an immigrant visa application support center.
The U.S. government will take the applicant’s fingerprints to conduct background and security checks—these instructions you can also find on each consulate’s website.
Step 4: Interview and Approval
The Green Card Interview
The last step in the green card application process is the visa interview. You and your spouse both need to appear before the USCIS officer, who will ask a set of questions to assess whether your marriage is genuine.
Therefore, it can be the most stressful and intimidating part of the green card process application. Knowing what to expect, organizing your files, and practicing together can elevate the stress and enjoy the process.
Because the applicant is outside the United States, the spouse seeking a green card will receive the appointment notice with the exact time, date, and location to attend a visa interview at a U.S. embassy or consulate in the country of the origin. You, as the sponsoring spouse, do not attend this interview.
If the interviewing officer is sufficiently convinced that your marriage is not fraudulent, you may get the green card approval on the spot. Otherwise, your should wait and see whether the USCIS will deny your application, or you might receive RFE or NOID.
Getting the Stamp
If a green card application is approved, the spouse will receive a visa stamp in their passport, which will allow them to travel to the United States.
Paying the USCIS Immigrant Fee
USCIS’s immigration fee for producing and mailing the physical green card is $220, and you can pay it online here. Typically, USCIS takes 2–3 weeks after the foreign spouse arrives in the United States to deliver the physical green card to the couple’s U.S. address.
The whole green card process typically takes 11-17 months.
But note, there is a difference between the green cards issued to the spouses who were married for less than two years and those who are in marriage longer than that.
The spouse who has been married to a U.S citizen for less than two years and at the time of the immigrant visa approval will get the green card marked as “CR1” – “conditional green card.” Conditional green cards are valid for only two years. After this period, you must jointly file another petition to “remove the conditions.” USCIS will assess your documents once again, so this is a chance to prove to USCIS officers that your marriage is real and you get a permanent green card.
If you’ve been married for more than two years when your green card is approved, the green card will be labeled “IR1” for “immediate relative green card.” These green cards are valid for ten years, and renewal is typically a simple process.
How We Can Help You Get the Immigrant Visa?
We can help you correctly fill out your I-130 Petition and other immigration forms, advise you what supporting documents to include with it, and help you deal with a bunch of tedious paperwork. When you hire an experienced immigration lawyer, you ensure you get the right advice on acting through the green card process, from filing forms to attending the visa interview.
Richard Herman is a U.S. immigration attorney with more than 20 years of experience who has helped dozens of clients to bring their spouses and other family members to the United States and receive the immigrant visa and become permanent residents. Herman Legal Group law firm provides all legal immigration services.
If you want us to go through your background search, review the evidence you want to provide, and suggest how to act and what to say at the interview, call us at (+1)(614) 300-1131. Also, you can use the online form and book your consultation with Richard Herman to be a step closer to your immigrant visa and your permanent resident status.
If you are a U.S. citizen married to a foreign spouse and both of you live in the United States, you are at the right place to learn how to support your spouse in getting an immigrant visa or permanent resident status.
After you learned everything about the permanent resident card process (if not, don’t worry, you can read our guide here), we prepared another one, for foreign spouses who live in the United States. This guide will walk you through the process of applying for a spousal visa (green card) when your spouse is already in the United States.
Once you are ready to apply for an immigrant visa, you can contact us. Herman Legal Group can assess your case and accordingly guide you through every phase of the marriage-based green card process, ensuring that your spouse becomes a permanent resident timely.
‘Concurrent filing’ — the quick route to a spousal green card
The Immigration and Naturalization Act ( INA §319(a) ) describes the provisions for the spouses of U.S. citizens who want to become U.S. permanent residents.
In some instances, immigrant petitions and Form I-485, Application to Register Permanent Residence, or Application for Adjustment of Status can be filed simultaneously, also known as “concurrent filing.” It allows you to file the adjustment of status application at the same time when your sponsor files the immigrant petition.
Foreign spouses who came to the United States to live are eligible to apply by using this route. If they stay abroad and want to become permanent residents, they can use consular processing.
As an immediate relative and a spouse of a U.S. citizen who lives in the United States, you are eligible to apply for a spousal visa using this route because there is no numerical limitation in this immediate relatives category.
This means that the adjustment of the status application of your spouse can be concurrently filed along with Form I-130, Petition for Alien Relative.
How to Apply for a Green Card from the United States?
Properly filing your visa application package for your spouse and their children is a crucial condition to successfully obtaining permanent resident status. Here are steps that you need to undertake, but remember that Herman Legal Group can also guide your through each milestone of the process if you need support and want to ensure.
If your foreign spouse has children born abroad, they can also qualify for U.S. citizenship and can apply for a U.S. passport.
Prepare Your Green Card Application and Supporting Documents
Step 1: Prepare the Green Card Petition
Since you are a U.S. citizen and your foreign spouse is already in the United States, you can save time and combine two parts of the process. As we already mentioned, “concurrent filing” allows you to file your green card application and additional documents in a single package with the U.S. Citizenship and Immigration Services (USCIS), the government agency that handles these applications and forwards them later on to the National Visa Center NVC.
National Visa Center NVC will contact you and your spouse (and /or children if applied) with detailed instructions on what additional forms and additional documents you have to submit.
The main package that you have to file includes:
- Form I-130, “Petition for Alien Relative,” to establish the marriage relationship
- Form I-485, “Application to Register Permanent Residence or Adjust Status,” the application for the green card
Get a medical exam
A foreign spouse has to complete a medical exam by visiting the USCIS doctor. You can attend the appointment before you file your visa application and then include the exam with your application.
The other option is to submit your medical exam after submitting your application. Some people prefer bringing the results with them to the green card interview so you can do it, too, but it is desirable to submit it before.
File the application
When you complete your spousal visa, the application package must include the following forms, supporting documents, and payment for the government fee.
Government Forms
Your complete spousal green card application packages sent to the United States Citizenship and Immigration Services (USCIS) includes the following forms as part of it:
- Family sponsorship form (I-130)
- Supplemental information form (I-130A)
- Green card application form (I-485)
- Financial support form (I-864)
- Declaration of self-sufficiency form (I-944)
Optional Forms
If the spouse applying for a marriage-based green card wants to work in the U.S. or travel abroad, you need to include the following forms with your application package:
- Work permit (form I-765)
- Travel permit (form I-131)
Mandatory Fees
In order to process your application package, you must pay the following government fees:
- $535 – Form I-130
- $1,140 – Form I-485
- $85 – biometrics (fingerprints and photo)
In total, you must pay $1,760 of government costs.
Oher forms as the work permit application, travel permit application, declaration of self-sufficiency, and financial support form do not require additional government fees.
When you prepare your green card application package, you will have to mail it to the appropriate USCIS address. USCIS takes about two weeks to send you. “receipt numbers.”
Approval of the travel permit and work permit takes around five months, and in some cases, it may take even longer.
Attending your biometrics appointment
In about one month after USCSIS receives your application package, USCIS will send you a biometrics appointment notice to attend at the USCIS field office closest to where you live. The list of Here, USCIS will simply take your fingerprints and photographs of the spouse seeking a green card to conduct background and security checks.
Step 2: Marriage Green Card Interview and Application Approval
Attending your marriage-based green card interview
When USCIS completes all the background processing of your visa petition materials, it transfers your file is to the nearest USCIS field office. The local office (find the exact location on USCIS’s official website here) will send you an appointment notice with the exact time, date, and location you and your spouse need to attend the interview.
Prepare for the Interview
Meeting the interviewing officer is the last big step in the application process, so get prepared! The more you learn and practice for it, the less stressful it will be to you. Whatsmore, you may find it exciting and joyful. So learn what you can expect at the interview.
Provide Honest Questions
A USCIS officer will conduct the interview and ask you a set of questions to check the information you provided and assess whether your marriage is bona fide and not fraudulent and entered only for immigration purposes.
Get the Approval
Once the USCIS officer is satisfied with your complete application package and the additional answers you provided, they may approve your spousal visa application on the spot. Otherwise, you may expect to receive RFE or NOID.
Receiving your immigrant visa (green card)
Your immigrant visa- the green card will arrive by mail, usually within two to three weeks of approval. The green card allows you to work anywhere in the United States. Also, once you obtain a green card, you can take international trips without separate work and travel permits.
But, not all foreigners receive the same type of green card. It depends on how long you and your spouse have been married at the time of visa approval.
If you’ve been in marriage for less than two years
If you have been married for less than two years, your green card will be marked “CR1” or “conditional residence” and you will get a resident card.” To remove the conditions on residence and become a permanent resident, you and your spouse must jointly file another form to show that your marriage is authentic.
For this purpose, you and your spouse must file Form I-751, Petition to Remove the Conditions of Residence. After government officials are sufficiently convinced, your spouse will get a permanent residents satus.
If you’ve been in marriage for more than two years
If you have been married for more than two years, your green card will be marked “IR1” for “immediate relative green card,” also known as “permanent green card.” This visa is valid for ten years, and renewal is typically simple.
How long does it take to get a Marriage Green when you are married to a U.S. Citizen?
Approximately processing the petition of your spouse and getting a marriage green card may take 8-11 months for USCIS to process it, plus 1-2 months to schedule the date for the interview. This is a shorter route than using a consular processing.
What is the Cost of a Spousal Green Card?
The government fees are $1,760, and the fee for a medical exam is $200. So, in total, the application costs are $1,960.
How We Can Help You?
With more than 22 years of experience in immigration matters, Richard Herman has helped a number of foreign nationals obtain permanent resident status and come to the United States to live with their spouses and children here.
Book your online consultation via Skype, WhatsApp, or ZOOM, or call us for a telephone consultation +1-216-696-6170.
Also, if you find it more convenient, use the online form to request your consultation with us and discuss how to get a green card for you or your spouse.