Marriage Green Card Archives - Herman Legal Group

H2B visa for Filipino 2025: A Super Simple Guide

Introduction

The H-2B Visa is designed for temporary foreign workers seeking employment in nonagricultural sectors in the United States. However, not all foreign nationals are eligible for this visa. While the H-2B visa does not specifically allow for accompanying family members, there are other visa options available for family members to join the H-2B worker in the U.S.

The Department of Homeland Security (DHS) maintains a list of eligible countries, and as of November 10, 2021, the Philippines was reinstated in the H-2B program after a prior exclusion.

What is an H-2B Visa?

The H-2B program allows U.S. employers seeking to hire foreign workers temporarily to perform nonagricultural labor or services. This employment must meet at least one of the following conditions:

A one-time occurrence
A seasonal need
A peak load need
An intermittent need

Employers must demonstrate that:

There are insufficient U.S. workers available for the job.
Hiring H-2B workers will not negatively impact wages and working conditions of U.S. workers.

H-2B vs. H-2A Visas: What’s the Difference?

The H-2A Visa is specifically for agricultural workers, whereas the H-2B Visa covers nonagricultural sectors. Employers hiring for farming or seasonal agricultural jobs must apply for H-2A instead of H-2B. Learn more about the difference here.

H-2B vs. H-1B Visas: Key Differences

H-1B Visa: Intended for professionals in specialty occupations requiring advanced degrees or specialized skills.
H-2B Visa: Designed for temporary, nonagricultural workers and does not require advanced qualifications.

H-1B visas are subject to a 65,000 annual cap, while H-2B visas have a cap of 66,000 per fiscal year.

H-2B Eligible Countries

Not all foreign nationals can apply for an H-2B visa. The Department of Homeland Security maintains a list of eligible countries. The following countries are eligible for the H-2B visa category: Argentina, Australia, Brazil, Canada, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, New Zealand, Nicaragua, Peru, Philippines, South Africa, South Korea, and the United Kingdom. The Philippines was removed from this list in 2019 but was reinstated in 2021.

Even if a worker’s country is not on the eligibility list, U.S. employers can still file a petition, though the process may take longer. Employers may also request exemptions if the employment is deemed beneficial to the U.S. national interest.

Understanding the H-2B Program

The H-2B program allows U.S. employers to bring foreign nationals to fill temporary nonagricultural jobs. Employers must meet specific requirements and file Form I-129, Petition for a Nonimmigrant Worker.

Who Qualifies for an H-2B Visa?

To qualify, the employer must prove:

Lack of U.S. Workers: No sufficient U.S. workers are available for the job.
No Adverse Impact: Hiring H-2B workers does not negatively affect U.S. workers’ wages and conditions.
Temporary Need: The employer must demonstrate the job is temporary, classified as one of the following:
- One-time Occurrence: A unique, short-term event creates a temporary need.
- Seasonal Need: The job is tied to a specific season, recurring annually.
- Peak-Load Need: Temporary staff needed to supplement permanent workers due to seasonal or short-term demand.
- Intermittent Need: The employer occasionally requires workers for short periods.

H-2B Visa Cap

Annual Cap: 66,000 visas per year
- 33,000 for October 1 – March 31 (first half of the fiscal year)
- 33,000 for April 1 – September 30 (second half)
Supplementary Visas: Additional 64,716 visas for FY 2025.

H-2B Cap Count Information

Step-by-Step H-2B Visa Process

Step 1: Obtain Temporary Labor Certification

Employers must apply for labor certification from the U.S. Department of Labor (DOL) or Guam DOL (if applicable).
DOL Foreign Labor Certification Details

Step 2: Submit Form I-129 to USCIS

Once the labor certification is approved, the employer files Form I-129 with USCIS.
If filing via DOL’s FLAG system, a printed final determination is required.

Form I-129 Instructions

Step 3: Worker Applies for a Visa and Admission

After USCIS approves Form I-129, workers outside the U.S. must:
- Apply for an H-2B visa at a U.S. Embassy or Consulate. It is crucial to schedule a visa interview, fulfill all the requirements during the interview, and understand that consular officers will determine eligibility for the visa.
- Seek admission at a U.S. port of entry via Customs and Border Protection (CBP).

Find a U.S. Embassy

Required Documents for an H-2B Visa Application at Embassy

Valid passport
Completed Form DS-160 (Online Nonimmigrant Visa Application)
Form DS-156 (Nonimmigrant Visa Application)
Form DS-157 (For males aged 16-45)
Passport-sized photographs
H-2B Visa Approval Notice (Form I-129)
Application fee payment receipt
Proof of family ties (e.g., birth/marriage certificates)
Evidence of intent to return home (e.g., proof of property or employment in the home country)
Schedule and attend a visa interview (required as part of the application process)

H-2B Visa Duration and Extensions

The visa is granted for the period specified in the Temporary Labor Certification, up to a maximum of three years.
After three years, the worker must leave the U.S. for three consecutive months before applying again.
Extensions are possible in increments of one year, provided the total stay does not exceed three years.

Costs Associated with an H-2B Visa

As of February 26, 2025, the filing fees and associated costs for obtaining an H-2B visa are as follows:

1. Form I-129, Petition for a Nonimmigrant Worker:

For Named Beneficiaries:
- Small Employers (25 or fewer full-time equivalent employees) and Nonprofit Organizations: $540
- Regular Petitioners: $1,080
For Unnamed Beneficiaries:
- Small Employers and Nonprofit Organizations: $460
- Regular Petitioners: $580

2. Asylum Program Fee:

Regular Petitioners: $600
Small Employers: $300
Nonprofit Organizations: Exempt from this fee

3. Fraud Prevention and Detection Fee:

All Petitioners: $150 (applicable only to the initial petition)

4. Premium Processing Fee (Optional):

All Petitioners: $1,685
- This service expedites the processing of Form I-129.

5. Form DS-160, Nonimmigrant Visa Application Fee:

All Applicants: $185
- This fee is paid by the prospective worker during the visa application process at a U.S. Embassy or Consulate.

Additional Costs:

Travel Expenses: Workers are responsible for their travel and related expenses to the United States.
Recruitment Costs: Employers may incur expenses related to advertising the position to U.S. workers as part of the labor certification process.

Please note that these fees are subject to change, and it’s advisable to consult the official U.S. Citizenship and Immigration Services (USCIS) website or legal counsel for the most current information.

Latest Updates on H-2B Visas

Key Alert

Cap Reached for First Half of FY 2025: As of January 7, 2025, USCIS has received enough petitions to reach the additional 20,716 H-2B visas for returning workers with start dates on or before March 31, 2025.
Additional H-2B Visas for FY 2025: The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released an additional 64,716 H-2B visas for fiscal year 2025, supplementing the statutory cap of 66,000 visas.

Reporting Fraud and Violations

Suspected H-2B fraud or abuse can be reported via the USCIS tip form.
New regulations allow denial of petitions from employers with serious labor violations.

Report H-2B Fraud

Prohibited Fees and Worker Protections

Employers cannot charge fees or deduct wages for H-2B employment.
Violators face mandatory denial or revocation of petitions.
Employers may be barred from filing H-2B petitions for up to 3 years if found in violation.

H-2B Worker Rights

H-2B Visa Duration and Extensions

Maximum initial stay: Up to 1 year (based on labor certification).
Extensions available in 1-year increments (up to 3 years total).
After 3 years, the worker must leave the U.S. for at least 60 days before reapplying.

Family of H-2B Workers

Spouses and unmarried children (under 21) can apply for H-4 nonimmigrant status.
H-4 holders cannot work in the U.S.

Employer Responsibilities: Notifications to USCIS

Employers must notify USCIS within 2 days if:

Worker never reports for work.
Worker abandons the job for 5+ consecutive days.
Worker is terminated early.
Work is completed 30+ days earlier than expected.

Special Exemptions

Employers in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) may be exempt from proving temporary need under the FY 2018 NDAA.

USCIS Policy Manual on H-2B Exemptions

Need Help with Your H-2B Visa Application?

The visa application process can be complex. Seeking professional assistance can significantly improve the chances of success. Herman Legal Group, an award-winning immigration law firm, has extensive experience handling H-2B visa cases.

📞 Call: 1-216-696-6170
📅 Book a consultation online here.

Conclusion

The H-2B visa program provides a vital workforce for seasonal and temporary jobs in industries like hospitality, landscaping, seafood processing, and construction. Employers must follow strict eligibility, filing, and compliance requirements to avoid violations and ensure smooth processing.

Marriage Green Card Interview: How to Overcome Challenges and Avoid Red Flags for Approval

The marriage green card interview is a crucial step in your immigration journey, where USCIS (U.S. Citizenship and Immigration Services) assesses the genuineness of your marriage. This guide will help you prepare, discover potential red flags, and ensure that your application is as strong as possible.

Common Challenges and How to Overcome Them

1. Insufficient Evidence: One of the most common reasons for green card denial is not providing sufficient evidence to prove the legitimacy of your marriage. USCIS needs to see that your relationship is real and built on genuine intentions.

What to Do: Gather documents that paint a complete picture of your life together. Include things like joint bank statements, lease agreements, photographs of shared experiences, and letters from friends or family who can vouch for your relationship. A timeline of your relationship, showing important events and milestones, can also be helpful.

2. Inconsistent or Contradictory Evidence: If your evidence does not line up—such as mismatched dates, different names, or conflicting information—USCIS might question the validity of your marriage.

What to Do: Double-check all your documents for consistency. If there are discrepancies that cannot be avoided, be prepared to explain them during your interview.

3. Not Responding to Requests for Evidence (RFE): Receiving an RFE can be stressful, but it’s important to respond quickly and thoroughly. USCIS sends an RFE when they need more information to decide.

What to Do: Address every concern raised in the RFE with detailed documentation. If you are unsure how to respond, consider seeking help from an immigration attorney to ensure your response is comprehensive.

Red Flags That Could Jeopardize Your Application and How to Manage Them

Certain situations, known as “red flags,” might prompt USCIS to take a closer look at your application. While these do not automatically lead to denial, they require careful handling to prove your marriage is genuine.

1. Large Age Disparities: A significant age difference between spouses can raise questions, especially if combined with other red flags.

What to Do: Highlight the common interests and experiences that bond you together. Be ready to discuss your shared values, goals, and the depth of your connection.

2. Unequal Education Levels: When one spouse is significantly more educated than the other, USCIS might question why you’re together.

What to Do: Focus on the aspects of your relationship that go beyond education, such as mutual respect, shared life goals, and emotional support.

3. Living Separately: Couples who live apart may face skepticism from USCIS.

What to Do: Provide clear reasons for living separately, such as work or school obligations. Include evidence like school transcripts, frequent communication records, travel itineraries, and plans to live together in the future.

4. Language Barriers: If you and your spouse do not share a common language, it could raise doubts about your relationship.

What to Do: Show that you are trying to learn each other’s language or demonstrate how you communicate effectively, perhaps through apps or a common second language.

5. Cultural, Socio-Economic, Ethnic, and Religious Differences: Significant differences in background can sometimes lead USCIS to question the authenticity of your marriage.

What to Do: Provide evidence of how you have navigated these differences, such as participating in each other’s cultural or religious practices or simply sharing common values.

6. Secret Marriages: A marriage that hasn’t been disclosed to family and friends might seem suspicious to USCIS.

What to Do: If your marriage is not widely known, explain why. Provide affidavits from trusted friends or family members who are aware of your marriage and can support its legitimacy.

7. Arranged Marriages and Marriages Following Legal Issues: USCIS might be wary of arranged marriages or those that occur soon after a legal issue, like apprehension or deportation orders.

What to Do: If your marriage was arranged, emphasize that it was entered into freely by both parties. If your marriage coincided with a legal issue, provide a clear timeline and evidence that your relationship existed before any legal complications arose.

8. Discrepancies in Marital Knowledge: USCIS may ask detailed questions about your daily life together, such as how you met, your routines, and your plans. Inconsistencies here can be a red flag.

What to Do: Be prepared to answer these questions consistently and accurately. Knowing details about each other’s lives will help prove that your marriage is genuine.

9. Multiple Sponsorships and Family Friend Marriages: If you’ve sponsored a spouse before or if your spouse is a close family friend, USCIS might be more critical.

What to Do: Be prepared to explain past relationships or how your relationship with your spouse evolved from friendship to marriage.

10. Interracial and Same-Sex Marriages: Though love transcends race and gender, USCIS may require more proof of your shared life and interests.

What to Do: Provide evidence that highlights your shared experiences, such as joint activities, travel, and community involvement.

11. Minimal Interaction Despite Shared Home: If your schedules don’t align and you rarely see each other, USCIS might question the validity of your marriage.

What to Do: Describe how you maintain your relationship despite conflicting schedules. Highlight the quality of time spent together rather than the quantity.

12. Financial Need and Criminal History: If the U.S. spouse is financially unstable or if either spouse has a criminal history, USCIS might suspect that the marriage is for financial gain or other improper purposes.

What to Do: Be honest and transparent. Provide evidence of financial stability or rehabilitation and demonstrate that your relationship is based on more than financial or legal considerations.

13. Manufactured Evidence: Creating joint accounts or assets right before the interview might be seen as a last-minute attempt to fabricate evidence.

What to Do: Prepare your evidence well in advance. Establish joint finances, lease agreements, and other shared responsibilities long before the interview to demonstrate a genuine partnership.

14. Quick Marriages: Getting married shortly after meeting can raise suspicion about the authenticity of your relationship.

What to Do: Be ready to discuss your decision openly. Provide a timeline that shows the progression of your relationship and evidence of how serious you were from the start.

15. Recent Divorce: If you or your spouse remarried quickly after a divorce, USCIS might question the authenticity of your new marriage.

What to Do: Explain the reasons for your previous marriage’s dissolution and how your current relationship developed. Providing context and a clear timeline can help alleviate concerns.

16. Country-Specific Fraud Concerns: Applicants from countries with high rates of marriage fraud may face additional scrutiny.

What to Do: Be extra thorough with your evidence. Provide honest, detailed documentation and avoid any appearance of trying to manipulate the process.

17. No Children for Childbearing-Age Women: While it’s not a requirement to have children, USCIS might view the absence of children in a marriage where the woman is of childbearing age as a potential red flag.

What to Do: If you and your spouse do not have children by choice or due to infertility, be prepared to discuss this during the interview. Providing medical documentation, if relevant, can help clarify the situation.

Preventing Fraudulent Marriage Accusations

Under Section 204(c) of the Immigration and Nationality Act, any petition is automatically prohibited from approval if there is evidence that the beneficiary has previously attempted or conspired to enter a sham marriage for the purpose of evading immigration laws. This applies to all petitions, including Form I-140 and not just I-130.

It’s a common scenario where a couple has a bona fide marriage, has irrefutable evidence of a real genuine relationship (children, cohabitation, joint ownership of home/assets, etc.) but USCIS denies the green card case because the immigrant previously entered into a prior marriage that was not bona fide and attempted to get an immigration benefit.

What to Do: If your spouse previously obtained a green card through a prior marriage, get a copy of their old immigration file to understand the potential risks the new green card case might face. Even if your current marriage is genuine, a history of a prior fraudulent marriage can result in denial.

Crucial Legal Considerations Before Filing

Beyond proving that your marriage is genuine, USCIS also looks at other legal and procedural aspects of your case. It is essential to review these before filing your application.

1. Validity of Foreign Marriages: Your marriage is presumed valid if it is recognized in the country where it was celebrated. However, if the marriage conflicts with U.S. public policy (like polygamy), it won’t be recognized.

What to Do: Ensure your marriage complies with both the law of the country where it took place and U.S. public policy. Gather certified marriage certificates and any additional required documentation.

2. Freedom to Marry: Both parties must be legally free to marry, meaning any previous marriages must be legally terminated.

What to Do: Provide proof of divorce, annulment, or death certificates to show that any prior marriages have been lawfully ended

3. Virtual or Proxy Marriages: If your marriage took place online or through a proxy, specific conditions must be met for USCIS to recognize it.

What to Do: Ensure that your virtual marriage meets all legal requirements and provide proof of consummation, which could include cohabitation, the birth of children, or other convincing evidence.

4. Marriages Between Close Relatives and Involving Minors: Some marriages, such as those between close relatives or involving minors, are subject to special attention

What to Do: Provide legal documentation proving the marriage was lawful in the place it was celebrated. If one party is a minor, be ready to demonstrate that the marriage was entered into voluntarily and is recognized by law. USCIS will generally rely on marriage certificates, court decrees or parental consent.

Important! Forced marriages are not bona fide. If indicators of forced marriage are present, consult with headquarters or regional offices. Forced marriage is a serious issue and should not be confused with arranged marriages, which are culturally accepted in many places.

5. Transgender Issues and Same-Sex Marriages: Marriages involving transgender individuals or same-sex couples must meet the same legal requirements as other marriages.

What to Do: Provide documentation such as an amended birth certificate, passport, or medical certification to establish the validity of the marriage. Ensure the marriage is recognized legally in the jurisdiction where it was performed.
Legal Precedent, The Matter of Lovo-Lara (2005): This decision applies to marriages involving transgender individuals. Benefits based on marriage may be approved if:
- The transgender individual has legally changed their gender.
- The marriage is recognized as heterosexual where it was celebrated.
- The jurisdiction does not prohibit marriage between a transgender individual and an individual of the other gender.
Proof of Legal Gender Change: Can include:
- An amended birth certificate.
- Other official recognition, such as a passport, court order, or driver’s license.
- Medical certification of gender change from a licensed physician.
- Sex reassignment surgery is not required unless it is required by the jurisdiction’s law where the marriage took place.

Concurrent Filing of I-130 and I-485

In some cases, a petitioner can file Form I-130, Petition for Alien Relative, and the beneficiary can file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously However, both forms must be approved at the time of filing.

Eligibility Requirements:

For example, if the beneficiary is subject to the 212(e) two-year foreign residency requirement due to a J-1 visa, Form I-485 cannot be filed until the requirement is met or waived.
If the petitioner is a Legal Permanent Resident (LPR) and visa numbers are not current, Form I-485 cannot be filed concurrently.

Specific Visa Scenarios

K Nonimmigrant Visas: Beneficiaries on K visas can only adjust status if the petitioner filed Form I-129F. Otherwise, the beneficiary must go through consular processing or be readmitted under a different non-immigrant classification.

Affidavit of Support

Age Requirements: There is no minimum age to file Form I-130, but the petitioner must be at least 18 years old to sign Form I-864, Affidavit of Support. If the petitioner is under 18, they cannot sign Form I-864. A joint sponsor can meet income requirements, but this cannot cure the age ineligibility of the petitioner. If the petitioner is under 18, the beneficiary will be inadmissible under INA 212(a)(4) for not filing a sufficient Form I-864.

Treated Unfairly During Your Marriage Green Card Interview? Here’s How to File a Complaint

You and your spouse deserve to be treated with respect during the green card interview. The focus of the interview should be on determining the bona fides of the marriage, not its long-term viability. Officers should follow procedures, adapt questions for minors, and be case specific. Sometimes, however, USCIS Officers can be abusive, rude and violate the due process of the applicants.

What to Do: If you feel the officer has deviated from protocol and is violating your rights, you can take action.

If you encounter misconduct or inappropriate behavior from a USCIS officer, it is important to know how to file a complaint properly. Here’s how:

1. Identify the Misconduct:

Document the incident, including the date, time, location, and the officer’s name or badge number if available.
Gather supporting evidence like emails, letters, or witness statements.

2. Determine the Reporting Channel:

Complaints about USCIS officers can be reported through different channels depending on the type of misconduct.

3. Filing the Complaint:

USCIS Field Office Director: Send a letter to the attention of the USCIS Field Office Director where your interview was conducted. Detail the conduct that you felt was offensive or violated USCIS protocol.
USCIS Ombudsman: If your complaint is about the processing of your case or service received, contact the USCIS Ombudsman. They help resolve problems you have been unable to resolve through normal USCIS channels. Submit your complaint through the online form on the USCIS Ombudsman’s website.
Office of Inspector General (OIG): For serious misconduct, fraud, or corruption, report to the Department of Homeland Security (DHS) Office of Inspector General. Complaints can be submitted through the OIG Hotline, which accepts online submissions, phone calls, and mail.
USCIS Contact Center: For minor issues, you can contact the USCIS Contact Center. They can address minor concerns directly. Use the USCIS website to find the contact information and follow the instructions to submit a complaint.

4. Follow Up:

Keep track of any correspondence or case numbers given to you. Follow up if you do not hear back within a reasonable time. Be prepared to provide more information if asked.

Important! You have the right to be treated fairly and to file a complaint without fear of retaliation. Filing a complaint will not harm your immigration case.

How to File a Good Complaint

Be Specific: Details are key; be clear and specific.
Be Honest: All information must be accurate and true.
Be Professional: Keep your complaint respectful.
Follow Up: Stay engaged and follow up as needed.

What to Expect If USCIS Suspects Marriage Fraud—and How to Protect Yourself

Marriage fraud is a serious concern for USCIS and the Department of State (DOS). These agencies are committed to ensuring that marriage-based green card applications are genuine.

Immigration Marriage Fraud Amendments of 1986

This legislation created conditions and criminal penalties to prevent marriage fraud, including:

Conditional Residence: Imposed on marriages less than two years old at the time of immigration or adjustment.
Penalties: Severe consequences for those found guilty of engaging in marriage fraud.

What Is Marriage Fraud?

USCIS and DOS have always been skeptical of marriage-based green card applications. Although the myth that most of these applications are fraudulent has been busted, the concern still exists because marriage is one of the few ways to get a green card without job skills or pre-existing family relationships

Again, the Government has a legitimate interest in detecting and disrupting marriage fraud. Here are some examples of criminal cases filed by the US Department of Justice:

Standard Procedures for Investigating Marriage Fraud

1. Site Visits:

Unannounced Visits: USCIS officers may make unannounced visits to the couple’s home to verify they live together. These visits often involve checking for personal items that indicate a shared household, such as clothes in the closet, shared toiletries, and mail addressed to both.
Observation of Interaction: During site visits, officers observe the couple’s interaction to see if it reflects a real relationship. They may ask neighbors about the couple to confirm their living arrangements and relationship status.

2. Bed Checks:

Early Morning Visits: In some areas, officers may make early morning visits, often referred to as “bed checks” to verify the couple is indeed sharing a bedroom and living together.
Belongings: Officers check for evidence such as two sets of clothes, shared bed linens, and other indicators of cohabitation.

3. Social Media Monitoring:

Profile Review: USCIS agents may review the couple’s social media profiles to see if there are inconsistencies between their online presence and their statements during the interview process. This includes looking for photos, status updates, and comments that may indicate a lack of a real relationship.
Friend Networks: Agents may also look at the couple’s friends and interactions on social media to see if their social circles overlap in a way that suggests a legitimate relationship.
Undercover Operations: Sometimes agents may create fake profiles to “friend” the couple or their associates to get more access to private information not publicly visible.

4. Interviews:

Initial Interview: The couple is interviewed together and separately to cross-check their answers on personal details such as how they met, daily routines and plans. Inconsistencies can raise red flags.
Stokes Interviews: If the initial interview raises suspicions, the couple may be subjected to a Stokes interview, which is more in-depth and detailed. Questions can range from trivial matters (like the layout of their home) to more intimate details about their relationship.
Recording Interviews: To ensure accuracy and fairness, these interviews are often recorded.

5. Document Examination

Financial Records: Officers review shared financial documents such as joint bank accounts, tax returns, leases, and insurance policies to see if there is financial commingling.
Correspondence: USCIS may request to see emails, text messages and letters exchanged between the couple especially during times of separation.
Photographic Evidence: Couples are encouraged to provide photographs that document their relationship over time, such as wedding photos, holiday pictures, and other significant events.

6. Neighbors and Associates:

Third-Party Statements: USCIS officers may talk to neighbors, colleagues and friends to get statements that confirm the couple’s relationship. These third-party accounts can provide additional context and corroboration.
Community Observation: Officers may observe the couple’s participation in community events and activities such as religious services or social gatherings to verify their public interaction as a couple.

What Triggers Fraud Investigations?

Fraud can be suspected for many reasons, including:

Lack of documentation.
Inconsistent or poor answers during interviews.
Discrepancies in the information provided.

Even legitimate marriages can be scrutinized if the couple is not well prepared to prove the legitimacy of their relationship.

Penalties for Marriage Fraud

Marriage fraud is a serious crime with severe penalties for the immigrant and the U.S. citizen. The consequences can be:

Immigration

Denial of Immigration Benefits: Any immigration benefits obtained through fraud will be taken away.
Deportation and Removal: The immigrant will be placed in removal proceedings and deported from the U.S.
Permanent Inadmissibility: The immigrant will be permanently barred from entering the U.S. in the future.

Criminal Penalties

Fines: Both can be fined up to $250,000 for marriage fraud.
Imprisonment: The U.S. citizen and the immigrant can be sentenced up to 5 years in prison.
Felony Conviction: A conviction for marriage fraud will result in a permanent criminal record for both.

Civil Penalties

Financial Penalties: In addition to criminal fines, parties involved may be subject to civil fines and penalties.
Loss of Status: Immigrants involved in marriage fraud can lose any status they currently have.

Additional Consequences

Impact on Future Petitions: The U.S. citizen’s ability to sponsor future immigrants will be compromised.
Reputation Damage: Both will suffer significant damage to their reputation, affecting personal and professional relationships.

Potential Problems and Hidden Challenges

Arbitrary and Subjective Decisions: Officers can be arbitrary with their decisions since they have so much discretion. This can indicate genuinely married couples get scrutinized or denied based on minor discrepancies or subjective interpretations.
Cultural Insensitivity: The methods, especially those based on traditional American standards, can be culturally insensitive and do not account for the many ways marriages and relationships work in different cultures.
Privacy Invasion: The methods, especially unannounced visits and social media monitoring can be invasive and breach the couple’s privacy. This is especially true when it comes to undercover operations on social media where people may not even know they are being monitored.
Emotional and Psychological Stress: The process can be stressful for couples as the detailed and sometimes invasive nature of the investigations can put pressure and strain on the relationship even for genuine marriages.

USCIS uses a variety of methods to investigate marriage fraud in I-130 petitions. While many cases are resolved through document reviews and interviews, more in-depth investigations—such as online searches, credit record checks, and even home visits—may occur if fraud is suspected. The consequences of marriage fraud are severe, making it essential to understand the process fully and seek legal help to ensure your application is legitimate and well prepared.

Frequently Asked Questions

What Should I Expect During the Green Card Interview Process?

The green card interview process involves answering personal questions about your background, employment history, relationship details (for marriage-based green cards), and other relevant information. The USCIS officer will review your original documents, such as birth certificates, marriage certificates, and bank statements, to verify the information in your green card application.

What Are Some Common Mistakes to Avoid During the Green Card Interview?

Common mistakes include not bringing all required documents, providing inconsistent answers, and failing to respond promptly to an appointment notice or interview notice. It is crucial to be honest and consistent with your answers and to provide all supporting documentation requested by the immigration officer.

What Are Red Flags That May Indicate a Marriage is Fake for Obtaining Citizenship or a Green Card?

Red flags that may indicate a marriage is fake for obtaining a green card include large age gaps, inconsistent or conflicting information, minimal interaction despite living together, quick marriages after meeting, lack of shared finances, living separately, previous immigration-related marriages, significant cultural or language barriers, and no shared social life. These issues can prompt USCIS to scrutinize marriage more closely.

How Can I Prepare for the Green Card Interview?

Preparation includes organizing your original documents and supporting documentation, understanding your immigration history, and practicing answers to potential interview questions. Consulting with an immigration attorney or law firm specializing in immigration law can also help you prepare for common questions and the overall interview process.

What Happens If I Miss My Green Card Interview Date?

If you miss your green card interview date, you must immediately contact the USCIS field office that scheduled your appointment. Failing to attend without proper notification could result in your green card application being denied.

What Should I Bring to the Green Card Interview?

Bring all the original documents you submitted with your green card application, including birth certificates, marriage certificates, bank statements, employment history records, and any other supporting documents. It is also important to bring your interview notice, appointment notice, and a government-issued ID such as a driver’s license.

Can an Immigration Lawyer Attend the Green Card Interview with Me?

Yes, an immigration lawyer can accompany you to your green card interview. They can provide guidance, ensure your rights are protected, and help address any legal issues that arise during the interview process.

How Do We Address Red Flags in Our Marriage-Based Green Card Interview?

If you are aware of potential red flags, such as a recent marriage following a divorce or significant cultural differences, address them directly during the interview. Providing detailed explanations and additional supporting documents, such as phone records or letters from family members, can help clarify your situation.

What Happens If USCIS Suspects Marriage Fraud?

If USCIS suspects that your marriage is not genuine, they may conduct a more rigorous interview process, including a Stokes interview, where each spouse is questioned separately. Faking a green card marriage can result in severe penalties, including denial of the green card, deportation, and criminal charges.

Can Criminal Records Affect My Green Card Interview?

Yes, criminal records can significantly impact your green card application. It is essential to disclose any criminal history honestly and provide any necessary legal documentation. An immigration lawyer can help you navigate these complexities.

What Should I Do If I Feel Disrespected During My USCIS Interview?

If you feel that the interviewing officer is not treating you fairly or is being disrespectful, you can request to speak with a supervisor at the USCIS office or file a formal complaint. Your rights include being treated with respect throughout the immigration interview process.

What Happens After the Green Card Interview?

After the interview, the USCIS officer will either approve your green card application, request additional information, or deny the application. You will be informed of the decision by mail. If additional information is required, it is crucial to respond promptly with the requested documents.

How Does USCIS Use Social Media in Green Card Interviews?

USCIS may review social media profiles to verify the authenticity of your relationship and personal background. Ensure that your online presence aligns with the information provided in your green card application.

What Should I Do If My Green Card Application Is Denied?

If your application is denied, you can appeal the decision or reapply. It is advisable to consult with an immigration attorney to understand your options and improve your chances of approval.

Why Legal Help Is Essential in the Marriage Green Card Process?

Given the complexities and potential challenges of the marriage green card process, securing legal assistance is crucial. An experienced immigration attorney can help you prepare a strong application, navigate the investigation process, and address any issues that may arise.

Ready for Your Marriage Green Card Interview?

Marriage green card interview can be overwhelming, but preparation and truth is the key to a successful outcome. Herman Legal Group, a law firm founded in 1995, can guide you through this critical part of your immigration process. With us, you can feel confident you are prepared to present your case well.

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+1-216-696-6170

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How Long Does It Take To Get A Green Card Through Marriage To A U.S. Citizen

Marriage Green Card Timeline

Getting a green card through marriage is a big deal for foreign nationals who marry US citizens or green card holders. The average processing time for various stages, such as the I-130 petition and the I-485 adjustment of status, can help set realistic expectations for the timeline.

The process is long and complicated and can take 12 to 55 months depending on several factors. Those factors are the sponsoring spouse’s citizenship, whether the immigrant spouse is in the US or abroad and the USCIS service center processing the application. Knowing these variables is key to managing your expectations.

Average Time for a Marriage Green Card

The timeline to obtain a marriage green card can vary greatly:

10-50 months: Total potential range.
12-36 months: Typical range, with some cases taking longer due to backlogs, additional scrutiny, or other factors.
2024 Update: The average time to get a marriage green card is around 17 months, but this can vary based on individual circumstances.

Factors that Affect the Timeline

Petitioner’s Legal Status: The petitioner’s legal status is a big factor in the processing time for a marriage green card.
- If your spouse is a US citizen:
  - In the US: 8-18 months
  - Abroad: 18-24 months
- ▪ If your spouse is a green card holder:
  - In the US: 30-50 months
  - Abroad: 30-50 months
Immigrant Spouse’s Location when Married to US Citizen: The location of the immigrant spouse, whether in the US or abroad, matters if married to a US Citizen. If married to a US Permanent Resident, then the location of the immigrant spouse does not matter.
In the U.S. (When Married to a U.S. Citizen): The process is faster as you can file Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) concurrently. This can shorten the process to as little as 8 months. We have seen recent cases where USCIS waived the interview and approved the marriage green card in 3 months after filing the case. If the Service Center requires an interview, they will transfer the case to the local USCIS office. Each USCIS office has their own processing time which can be found here.
Outside the U.S. (When Married to a U.S. Citizen): Consular processing is required, which involves additional steps like filing an I-130 petition, processing the DS-260 at the National Visa Center, obtaining a visa number, and scheduling an interview at a U.S. embassy or consulate. This process typically takes 18-24 months. The timeline depends on several factors such as how long it takes USCIS to approve the I-130, how quick the NVC can process their part of the case, and the efficiency of the consular office to schedule the interview and adjudicate the DS-260 application.
USCIS Service Center Processing Times: Processing times vary based on the USCIS service center or field office handling the case:
- US citizens filing I-130 for spouse: 12-18 months
- Green card holders filing I-130 for spouse: 30-50 months
Current Processing Times by Service Centers:
Delays Due to Incomplete or Incorrect Documents: Submitting incomplete or incorrect documents can cause significant delays. Ensure all forms are correctly filled out and all required documents are provided. Mistakes can lead to Requests for Evidence (RFEs), which can add months to the process.
Note: The workload and efficiency of the USCIS or field office processing your case can greatly impact the timeline. During peak filing periods or staffing shortages, processing times can increase and wait times get longer.

Application Process Breakdown

Step 1: Filing I-130

Purpose: Establish the marriage relationship between the US citizen or green card holder spouse and the foreign spouse to obtain a green card through marriage. A lawful permanent resident spouse must also act as a sponsor in the I-130 filing process, ensuring the marriage is bona fide and meeting all necessary requirements.
Processing Time:
- US Citizens: 12-18 months
- Green Card Holders: 30-50 months

Step 2: Filing I-485 and Adjustment of Status (If Spouse is in the U.S.)

Processing Time: Average across all field offices is 20 months.

Step 3: Consular Processing (If Spouse is Abroad)

Process: After I-130 approval, the case is processed at the NVC and the appropriate U.S. embassy or consulate.
Processing Time: 3-5 months after the NVC receives the application.

Step 4: The Green Card Interview

Location: USCIS service center (for US residents) or consulate (for consular processing).
Purpose: To prove the bona fide of the marriage to avoid any suspicion of marriage fraud.
Timing:
- U.S. Residents: 7-15 months after application submission.
- Spouses Abroad: Varies by consulate.

If the couple has been married for less than two years, the immigrant spouse will receive a conditional green card, valid for two years. After two years, they can apply for a permanent marriage green card.

Expedite the Marriage Green Card Process

What is an Expedite Request?

A formal request to USCIS to prioritize and speed up the processing of your application. USCIS reviews these requests on a case-by-case basis and considers them under specific criteria.

USCIS does not often expedite I-130 marriage-based petitions. But it does not hurt to try if any of the following apply.

Severe Financial Loss: A person or company may be eligible if a delay would cause significant financial harm. For example, if a medical practice would have to lay off staff due to the delay in a physician’s employment authorization, USCIS may expedite the request. If an applicant loses their job because they cannot travel for work, this could also be a reason for expedited processing.
Emergency or Urgent Humanitarian Situations: USCIS may expedite cases involving emergencies or urgent humanitarian reasons such as critical medical conditions, death or serious illness of a family member, or extreme living conditions due to conflict or natural disasters.
Nonprofit Organizations: A nonprofit organization working in the cultural or social interests of the United States may request expedited processing for a case that supports its mission. Examples include a medical professional needed for urgent research or a religious leader required for a critical outreach program.
Government Interests: Expedited processing may be granted when a federal, state, or local government agency identifies a case as urgent, such as those involving national security, public safety, or other significant government interests.
Clear USCIS Error: If USCIS made a clear error in processing your application, such as issuing an EAD with incorrect information that prevents you from working, you may request expedited correction.

How to Request Expedite with USCIS

If you think your situation applies to one of the above, you can request expedite by following these steps:

Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
Prepare Your Request: Gather documents that clearly show the urgency or compelling nature of your situation. This might be medical records, financial statements, or letters from government officials.
Submit Your Request: Contact the USCIS Contact Center to start your expedite request. You may be asked to follow up with a formal letter explaining your reasons and providing the necessary evidence.
Follow Up: After submission, follow up with USCIS to confirm receipt of your request and to check status. Be prepared to provide additional documentation if asked. It’s not a bad idea to call the USCIS hotline at 1 (800) 375-5283, use the phrase “Info Pass” to be transferred to a live person and ask to initiate a “Service Request” to expedite.
Congressional Assistance: Also contact one of your Senators for help in following up with USCIS on the expedite request. Each Congressional office has a website and an online form for you to fill-out to request assistance with this federal agency.
USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here
Writ of Mandamus: In cases where USCIS is taking extreme delay, beyond normal processing, you may want to file a Writ of Mandamus which is a lawsuit against USCIS, filed in federal district court. This can be an effective way to move things along, either because the Judge orders it or because the US Attorney representing USCIS initiates the forward movement of the case.

How to Request Expedite with NVC (National Visa Center)

If your spouse is outside the U.S., you can file an expedite request with the NVC after the case is transferred from USCIS.

Write a formal letter or email to the NVC requesting expedite: Be brief but clear in explaining why your case qualifies for expedite. Include:
- Case Details: NVC case number, petitioner and applicant names, and any other relevant case information.
- Reason for Expedite: Clearly state the reason for your request and reference the evidence you are providing to support your request.
- Contact Information: Your contact information in case NVC needs to reach you for additional information.
Submit Your Expedite:
- Via email: Send the request and documents to NVCExpedite@state.gov.
- Online inquiry form:
  - Go to NVC Public Inquiry Form.
  - Fill out the form with your case number and contact information.
  - In the message box, explain why you are requesting expedite and mention you are attaching documents (if applicable).
  - Submit.
- Note: Attach all documents in one PDF if submitting by email and ensure the file size is
  under 5 MB.
Follow-up: After you submit your expedite request, you may receive an email from NVC. If NVC needs additional information or documents, respond quickly to avoid delays. It is also a good idea to follow up after a few weeks if you have not heard back or received an update on your request. You can also contact your member of Congress to follow up with NVC. NVC will review your request and decide if it’s approved after consulting with the US Embassy. If approved, your case will be processed ahead of others and NVC will contact you with next steps. If denied, your case will continue to be processed as normal.

Important Notes

Expedite is not guaranteed: Each request is evaluated on a case-by-case basis and approval is based on the strength of your evidence and your specific situation.
Expedite does not waive interview: Even if approved, you will still need to go through the standard interview process at the U.S. embassy or consulate.
Keep copies: Keep copies of your expedite request and all documents.

Professional woman wearing a hijab meeting

Consular Processing of I-130 in Emergencies

In some situations when there are urgent or exceptional circumstances, the U.S. Department of State (DOS) can accept and adjudicate an I-130 petition at a U.S. embassy or consulate. This is usually for cases where immediate processing is needed and filing through regular USCIS channels would not be enough to address the time sensitive situation.

Usually, the US citizen petitioner is living abroad and needs to bring their spouse to the US quickly due to an emergency.

If the Embassy approves the request for consular processing of I-130, then the visa will be expedited. Door to door processing time is 2 to 4 months.

Examples of Emergencies:

Military Emergencies: A U.S. service member stationed abroad may need immediate processing due to a sudden deployment or transfer with little notice.
Medical Emergencies: If the petitioner or beneficiary is facing a medical emergency that requires immediate travel, expedite may be warranted.
Threats to Personal Safety: Situations where the petitioner or beneficiary is under an imminent threat, such as being forced to flee due to civil unrest or natural disaster.
Close to Aging Out: When the beneficiary is nearing the age where they would no longer be eligible for certain benefits, expedite may be necessary.
Naturalized Petitioner: If the petitioner has recently naturalized and the family members need a new petition based on their U.S. citizenship, especially if they are already abroad for a visa interview.
Adoption of a Child: In cases where the petitioner has adopted a child abroad and needs to depart the country imminently, expedite can be requested if they have a full and final adoption decree and have met residency and legal custody requirements.
Short Notice of Job Relocation: When a U.S. citizen petitioner living abroad receives a job offer or reassignment to the United States with little notice and there is an urgent need to relocate. This is the most common reason for I-130 consular processing.
Discretionary: Acceptance of I-130 locally is at the discretion of the consular officer and is case by case basis. The decision is usually for situations where filing domestically with USCIS or online with an expedite request would not be enough to address the urgency of the case.
Local Filings: If DOS decides to accept and adjudicate an I-130 petition at a U.S. embassy or consulate, the process will be expedited. But if the consular office declines to accept the filing, petitioners are advised to file with a USCIS lock-box or online and request expedite through regular channels.

Washington Monument surrounded by green trees

Will the K-3 bring my spouse in faster?

If you are outside the U.S. and married to a US Citizen, it’s recommended to file the K-3 after the I-130. The K-3’s only purpose is to allow the foreign spouse to enter the U.S. while the I-130 is pending with USCIS. But in most cases USCIS approves the I-130 before the K-3 interview. But in any case, it costs nothing to file the I-129F with USCIS.

So why not?

It doesn’t bring the spouse in any faster in most cases, but it’s an insurance policy in case the I-130 gets held up by USCIS. Filing for a K-3 visa, involves several steps to allow the spouse of a U.S. citizen to enter
the U.S. while waiting for the approval of their visa petition.

Step 1: File Form I-130, Petition for Alien Relative

Supporting Documents:
- Proof of U.S. citizenship (e.g., U.S. passport, birth certificate).
- Marriage certificate.
- Evidence of any prior marriages being legally terminated (e.g., divorce decrees, death certificates).
- Passport-sized photos of both spouses.

Step 2: File Form I-129F, Petition for Alien Fiancé(e) (Although traditionally used for fiancé(e) visas, this form is also required for the K-3 visa)

Supporting Documents:
- Copy of the Form I-130 receipt notice (Form I-797).
- Additional evidence of the marital relationship, if available.
- Passport-sized photos of both spouses.

Step 3: Wait for USCIS Approval

I-129F Processing: Once USCIS receives Form I-129F, they will process the petition. If approved, USCIS will forward the application to the National Visa Center (NVC).
I-130 Processing: If the I-130 petition is approved before the K-3 visa application is processed, the K-3 visa process will be moot and the applicant must proceed directly to the visa process.

Step 4: National Visa Center (NVC) Processing

NVC Review: Once the I-129F is approved, the NVC will assign a case number and send the petition to the U.S. embassy or consulate in the foreign spouse’s country.
NVC Notification: The NVC will notify the foreign spouse to start the visa application process at the U.S. embassy or consulate.

Step 5: Apply for the K-3 Visa at the U.S. Embassy or Consulate

Complete Form DS-160: The foreign spouse must complete the online Nonimmigrant Visa Application (Form DS-160). This form is required for all non-immigrant visa applications, including the K-3.
Pay Visa Fees: The foreign spouse must pay the visa application fee.
Schedule the Interview: After completing the DS-160 and paying the fees, the foreign spouse must schedule an interview at the U.S. embassy or consulate.
Prepare for the Interview:
- Valid passport.
- DS-160 confirmation page.
- Proof of payment of visa fees.
- Medical examination results from an approved physician.
- Affidavit of Support (Form I-134) showing that the U.S. citizen spouse can support the foreign spouse.

Step 6: Interview

Interview Process: The consular officer will review the documents and ask questions to verify the relationship and eligibility for the K-3 visa.
Approval: If approved, the foreign spouse’s passport will be stamped with the visa and they can travel to the U.S.

Step 7: Enter the U.S.

Arrival: Upon arrival in the U.S., the foreign spouse is admitted as a K-3 non-immigrant.
Adjustment of Status: The K-3 visa holder must file Form I-485, Application to Register Permanent Residence or Adjust Status, to get a green card.

Notes

Validity: K-3 visa is valid for 2 years with extensions. But usually, it is a temporary solution, and the goal is to adjust status to permanent residency.
Concurrent Processing: If the I-130 petition is approved before the K-3 visa is issued, the K-3 visa will be moot, and the spouse must proceed with the visa process.

Happy couple enjoying a tropical beach vacation

Tips for Marriage Visas and Green Cards

Processing Times: Check the USCIS website or consult with your attorney about processing times. Check your application status through receipt notices and updates from the USCIS or National Visa Center.
Proving the Marriage is Bona Fide: One of the challenges is proving the marriage is real. Providing several supporting documents, such as joint bank statements, joint lease agreements, and photos together, can help establish the marriage.
Prepare for the Green Card Interview: Gather all necessary documents, practice possible interview questions, and ensure you and your spouse are ready to prove your marriage.
- The 90-Day Rule for Adjustment of
- Status: What You Need to Know

When applying for adjustment of status in the U.S., one important concept to be aware of is the “90-Day Rule”. This is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to determine if an individual who entered the U.S. on a non-immigrant visa had a pre-conceived intent to immigrate. This is crucial especially for those who plan to marry a U.S. citizen or take other steps towards permanent residency shortly after entering the U.S.

What is the 90-Day Rule?

Is a USCIS policy to determine the intent of non-immigrant visa holders when they entered the United States. This rule is applicable to individuals who entered the U.S. on a non-immigrant visa such as B-2, F-1 or H-1B and then marry a U.S. citizen or take other major steps towards getting permanent residency within 90 days of their arrival.

The Presumption of Preconceived Intent

Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies for adjustment of status within 90 days of their entry to the United States, USCIS may assume that the individual had a preconceived intent to immigrate when they entered the country.

For example, if someone enters the U.S. on a tourist visa which is for short term visit and not for immigration purposes and then marries a U.S. citizen within the first 90 days, USCIS will question whether the individual really intended to go back to their home country or if they always planned to stay in the U.S. permanently.

Rebutting the Presumption

The good news is that the presumption of preconceived intent is rebuttable. Applicants can provide evidence to USCIS they did not have an intent to immigrate when they entered the U.S.

Some ways to rebut the presumption include:

Providing detailed explanation of circumstances: Applicants can explain the circumstances that led to their marriage or application for adjustment of status within the 90-day period. For example, if the marriage was spontaneous and not planned before entering the U.S., this should be clearly stated.
Offering evidence of changed circumstances: In some cases, events or circumstances may have changed after the individual’s arrival in the U.S. that prompted their decision to marry or apply for adjustment of status. Documenting these changes can help rebut the presumption of preconceived intent.
Submitting affidavits: Affidavits from the applicant, the U.S. citizen spouse and other individuals who can attest to the legitimacy of the relationship or change in circumstances can be helpful in rebutting the presumption.

What if the Presumption is Not Rebutted?

If an applicant cannot rebut the presumption of preconceived intent, their adjustment of status application will be denied. In some cases, USCIS may also find that the individual committed fraud or willful misrepresentation which can have serious consequences including being barred from re-entering the U.S. in the future.

What to Do If You Are Affected by the 90-Day Rule

If you are planning to marry a U.S. citizen or apply for adjustment of status and you entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware of the 90-Day Rule. Here’s what you can do:

Seek advice: Given the complexity of U.S. immigration law and the consequences of denial, it’s highly recommended consult with an experienced immigration attorney before taking any step that can trigger the 90-Day Rule.
Document your intent: If you decide to marry or apply for adjustment of status within the 90-day period, ensure you have all the documentation of your intent and the circumstances surrounding your decision. This documentation can be helpful in rebutting the presumption of preconceived intent.
Be ready to provide evidence: USCIS may request additional evidence or an interview to review your case. Be ready to provide detailed explanation to prove that your actions were not pre-planned before entering the U.S.

FAQs
My marriage green card application is taking longer than the usual processing
time. What should I do?
If your case is taking longer than the standard processing time, you can file a case
status update request with USCIS. If there’s still no movement, you can contact your
congressman for help or file a FOIA request to get more information about your case.
My spouse was denied a marriage green card. How long will it take to reapply?

FAQs

My marriage green card application is taking longer than the usual processing time. What should I do?

If your case is taking longer than the standard processing time, you can file a case status update request with USCIS. If there’s still no movement, you can contact your congressman for help or file a FOIA request to get more information about your case. My spouse was denied a marriage green card.

How long will it take to reply?

If your spouse’s green card is denied, it will greatly impact the timeline to reapply. You may need to address the denial, gather more documents, and consider appeal and federal court litigation if denied again. Consult with an immigration attorney to explore your options and avoid further delays.

Can same-sex couples apply for marriage green card and how long?

Yes, same-sex couples can apply for a marriage green card just like opposite-sex couples. The processing time is the same, but the circumstances of your case may affect the timeline. Ensure your marriage is recognized in the jurisdiction where you got married.

If a U.S. citizen petitioner naturalizes while their spouse’s green card is pending, how long will it take?

If a U.S. citizen petitioner naturalizes while their spouse’s green card is pending, it will speed up the process. But you may need to update the application to reflect the new citizenship status, which may require additional documents. If this happens during consular processing, the petitioner may need to file a new I-130 based on their U.S. citizenship.

Can I travel while my marriage green card is pending?

If you are applying for a marriage green card while in the U.S., it’s not recommended to travel abroad without getting advance parole, which is a travel document that allows you to re-enter the U.S. If you travel without this, USCIS may consider your application abandoned and you may face delays or denial.

Can I work while my marriage green card is pending?

Yes, if you are in the U.S. and your application is pending, you can apply for an Employment Authorization Document (EAD). This will allow you to work while waiting for the final decision on your green card application. The EAD is a valuable document that will allow the applicant to work during the processing period.

What if my spouse dies during the process?

If the sponsoring spouse dies during the application process, the application may be revoked. But in some cases, the immigrant spouse can still proceed with the application. Consult with an immigration lawyer in such situations. There are specific provisions that will allow the surviving spouse to continue the process.

How long to become a U.S. citizen?

If you are a lawful permanent resident, you can apply for citizenship after 5 years. If you are married to a U.S. citizen, you can apply for citizenship after 3 years. These are estimates, and the actual time may be shorter or longer depending on your case. The path to citizenship has additional requirements such as continuous residence and physical presence.

Do I need an attorney for a marriage green card?

While you do not need an attorney to represent you during the green card process, having an experienced immigration attorney can increase your chances of success, particularly if your case has higher risk factors or if you need support in making an expedite request.

What is Conditional Permanent Residence (CR1)?

If the marriage is less than 2 years old when the green card is approved, the foreign spouse will get a conditional permanent residence. This means the green card is valid for only 2 years, and the couple must file a joint petition to remove the conditions on residence before the card expires. This requires proving the marriage is ongoing and genuine. Removing the conditions is a critical step to get a permanent green card.

Pro Tip: If the immigrant spouse has the CR1 visa in hand and valid for 6 months and the 2-year anniversary of the marriage is within a month or so, it may be worth delaying the immigrant’s entry to the U.S. so that the entry date to the U.S. is after the 2 year wedding anniversary. Then upon entry, the immigrant will be a Permanent Resident with no conditions.

How does a pandemic or natural disaster affect marriage green card processing time?

Pandemics, natural disasters, or other significant events can cause processing delays
due to USCIS office closures, staff shortages, or disruptions in consular services. In
some cases, USCIS may issue blanket authorizations for expedited processing for
those affected by such events. Stay informed about any temporary policies or changes
in processing times due to unforeseen circumstances.

What if my spouse and I move while the green card application is pending?

If you and your spouse move to a new address while the green card application is pending, you must notify USCIS of the change of address within 10 days. Failure to update your address can result in delays or missed communications such as interview notices or requests for more information.

Documents for Marriage Green Card

Documents from the U.S. Citizen Spouse:

Proof of U.S. Citizenship: U.S. passport, birth certificate or naturalization certificate
Proof of Marriage: Marriage certificate
Proof of Termination of Prior Marriages: Divorce decrees or death certificates for all prior marriages
Affidavit of Support (Form I-864): Shows that they can financially support their spouse (for I-485 or DS-260)
Proof of Financial Ability: Tax returns, W-2 forms, pay stubs or letter from the employer (for I-485 or DS-260)
Proof of Domicile: Evidence resides or will reside in the U.S. such as utility bills, lease agreements or mortgage statements
Proof of Relationship: Photos together, joint bank account statements, and other documents showing a shared life.

Documents from the Foreign National:

Passport
2 recent passport-style photos
Visa and Travel Documents: Copies of the visa, I-94 records, and other travel documents
Birth Certificate: Original or certified copy
Marriage Certificate: Original
Police Clearance Certificate: Police certificate from any country where the foreign national has lived for more than 6 months since the age of 16
Medical Examination Report (Form I-693): Completed by a USCIS-approved physician
Proof of Lawful Entry: Evidence of lawful entry to the U.S. such as visa stamps or I-94 records
Proof of Relationship: Additional evidence like photos, emails, or affidavits from friends and family.
- Filing Fees and Additional Costs
- The cost of the marriage green card process varies based on the location of the immigrant spouse.
In the U.S. (Adjustment of Status): $3,265, including optional work authorization and advance parole, plus medical exam fees.
- I-130: $675
- I-485: $1,440
- I-765: $520
- I-131: $630
Abroad (Consular Processing): $1,355, plus medical exam fees.
- I-130: $675
- DS-260: $325
- Affidavit of Support: $120
- Green card: $235

Medical Examination and Other Required Documents

Applicants must have a medical exam by a USCIS or Embassy approved doctor. The medical exam is a required step to ensure the applicant meets health-related standards for immigration, including all required vaccines. Typical cost for a medical exam is $300 to $500.

The time it takes for a spouse seeking a marriage-based green card can vary significantly depending on various factors, including whether the immigrant spouse is residing in the U.S. or abroad, and whether they are married to a U.S. citizen or a lawful permanent resident.

Typically, cases processed through the National Benefits Center take around 0/4–8 months for U.S. citizens and longer for legal permanent residents, though the timeline can extend from 0/2–10 months or more in some cases. The process often involves completing the immigrant visa electronic application (DS-260) and attending a marriage green card interview.

Given the complexities involved, from managing the application process to addressing any challenges at the National Benefits Center, working with an experienced immigration lawyer is highly recommended. This ensures that the application is handled correctly, maximizing the chances of obtaining immigration benefits and legal permanent resident status in a timely manner.

Herman Legal Group can help you through this process. With years of experience in helping clients with marriage green card applications, we are here for you every step of the way. Contact us today to start
your path to permanent residency in the U.S.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

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How To Prepare For A Marriage Green Card Interview

Hand over tickets and passports to customers

Getting a marriage-based green card is a process, and the interview is the final step. You and your spouse can finally start your life in the United States. To help you feel more comfortable and prepared, this guide will go through everything you need to know about the green card interview.

What to Expect

The marriage green card interview is the last step of the process. If the spouse applying for the green card is already in the United States, the U.S. Citizenship and Immigration Services (USCIS) will schedule the interview. If the spouse is abroad, the National Visa Center (NVC) will handle the scheduling.

Key Points to Expect:

Purpose of the Interview: The interview is to verify that your marriage is real and not fraudulent. The interviewing officer will ask questions about your relationship history, daily life, and plans together.
Common Questions: You can expect questions ranging from how you met to details about your wedding, daily routines, and even your spouse’s family.
Legal Parameters: Understanding the burden of proof and the standard of evidence required is crucial. The burden of proof lies with you, the petitioner, to show that your marriage is real.

Why So Much Fuss?

While most marriage green card cases are real, there is some marriage fraud out there. USCIS has a legitimate law enforcement function to identify and prosecute marriage fraud .

How to Gather and Present Evidence for Your Marriage Green Card Interview

Preparing Your Documents:

Checklist of Essential Documents: Bring your marriage certificate, birth certificates, joint income tax returns, and other key documents. Ensure you have both original documents and certified copies.
Presenting Your Evidence: Organize your documents clearly and logically. Use labels and explanations to make it easy for the officer to understand your evidence.

When you submitted your I-130 you already provided a lot of documentation to support the bona fides of your marriage. For the interview, you should bring new documentation of your shared life since submitting the I-130.

Types of Evidence:

To prove the authenticity of your marriage, you will need to provide strong evidence.
This includes:

Cohabitation Documents: (lease, deed, bills, and other records with both or one of your names but with a common address)
Financial Commingling: (joint bank account you both actively use for deposits and withdrawals of daily living expenses; jointly filed taxes; joint insurance; joint ownership of assets (real estate, vehicles, etc.), joint debt (bills, credit cards, loans, mortgages)
Social Proof: (joint pictures with family/friends, written statements from friends/family that are dated, signed, explain how they know you and how they know this is a real relationship — such as recounting shared experiences, diners, concerts, visiting your home, etc.)

Bring the following documents to the interview:

Birth certificate
State ID/Driver’s License/Passport
Marriage certificate
Interview letter
Current/expired U.S. visa(s)
Medical examination document
Proof of sponsor’s U.S. citizenship or permanent residence
Proof of lawful U.S. entry and status, if applicable
Police clearance certificate, if applicable
Court, police, and prison records, if applicable
Military records, if applicable
Immigration violation records, if applicable
Last three months’ joint bank statements
Most recent joint utility bill
Most recent joint phone bill
Most recent medical insurance cards
Most up-to-date car insurance
Copy of 401K or life insurance
Recent federal tax return (if filed jointly)
Additional joint documents with both names
Twenty-30 photographs (2 pictures to a page, annotated with names of people in the photograph, identifying the relationship, date and place, and special meaning of the occasion)
Screenshots of texts exchanged
Social media postings and other evidence

Also write a detailed narrative of your relationship, including how you met, common interests (we both like hiking!), high points of the relationship, such as traveling, shared struggles (such as a death in the family), and plans for the future. Submitting this signed and notarized statement helps build the administrative record and helps you control the narrative.

Having all the documentation can prevent bad outcomes and make the interview smoother.

Burden of Proof: Who Has to Prove What?

In administrative proceedings, such as the adjudication of an I-130, the petitioner, not the government, has the burden of proof to establish eligibility for the benefit sought (Matter of Brantigan, 11 I & N Dec. 453 (BIA 1966)).
In other words, USCIS doesn’t have to prove fraud to deny the I-130. They can deny it if the petitioner fails to meet the burden of proof to show the marriage is real. The petitioner is presumed ineligible until proven otherwise.

Standard of Proof: How Much is Enough?

To get approved, the petitioner must provide evidence that meets the standard of proof
to show your marriage is valid. The standard of proof varies in different scenarios.

Other situations require a higher standard of proof.

Special Circumstances

In some cases, a higher standard of proof, such as “clear and convincing evidence,”
may be required.

Clear: The evidence must be explicit, precise, and unambiguous.
Convincing: The evidence must be strong enough to command the unhesitating assent of every reasonable mind.

Examples of Enhanced Evidence

Detailed affidavits about the relationship’s history and context.
Extensive documentation of the intertwining of financial and social lives.
Psychological evaluations or professional attestations about the couple’s relationship.
More extensive photographic evidence, including various life events.

Specific Situations Requiring Higher Proof Marriage within Five Years of Obtaining LPR Status:

Generally prohibits approval of a visa petition filed by a Lawful Permanent Resident (Green Card Holder) for a spouse within five years of obtaining LPR status through a prior marriage.
The petitioner can overcome this prohibition with clear and convincing evidence the prior marriage was genuine or ended through death.

Marriage During Removal Proceedings:

Prohibits approval of a visa petition if the marriage occurred during exclusion, deportation, or removal proceedings.
Exceptions can be made if the petitioner provides clear and convincing evidence the marriage was entered in good faith and not for immigration benefits, or if the alien beneficiary resided outside the U.S. for at least two years after the marriage.

Where Fraud is Alleged:

In visa petition proceedings where fraud is alleged, the petitioner must present clear and convincing evidence to overcome the fraud determination (Matter of Soriano, 19 I&N Dec. 764 (BIA 1988)) . In rare cases, if the government files a criminal case alleging immigration-related marriage fraud, the “beyond a reasonable doubt” standard will be used. For more about dealing with fraud allegations, see Marriage Fraud and Immigration Consequences.

Woman in a red saree during a formal interview

The Interview

The green card marriage interview will be conducted by a USCIS officer (in the US) or a consular officer (abroad) who is trained for marriage-based green card interviews. The interviewing officer’s main goal is to verify the marriage and determine if the foreign spouse is eligible for a green card.

The officer will ask about the spouse’s entry to the US, arrests, and previous immigration history. It is crucial to be prepared to answer questions effectively, and having an experienced immigration attorney can help with this preparation.

Interview Questions

During the marriage green card interview, you can expect questions that delve into the details of your relationship, such as how you and your spouse met, your daily routines as a married couple, and your plans together. This is also an opportunity to present extra evidence to prove your marriage.

Answer the officer’s questions honestly, directly, and briefly. If you do not know or do not remember the answer, it is better to say so than to make something up.

Interviewed Separately

Sometimes couples are interviewed separately – either by two different officers or by the same officer but one at a time. This is called a “Stokes” interview , used to verify the consistency of each spouse’s answers.
Be prepared by ensuring both of you know your relationship details. If USCIS interviews the spouse separately, it is important to provide accurate answers to the questions asked. If you are unsure or do not know the answer, you should say so.

Know Your Relationship Details

Expect questions about your relationship history – how you and your spouse met, details of your wedding ceremony, and your spouse’s parents. Knowing details about your spouse’s parents is important as it shows the depth of your relationship and familiarity with each other’s families.

The interviewing officer may also ask about your daily routines – who cooks, who cleans, and whether your spouse drinks coffee. Knowing these details will help prove your relationship.

Family and Friends

Officers may ask about your families and friends, including your spouse’s parents, children from the marriage, and how your families interact. Be prepared to talk about significant events – your spouse’s birthday and important holidays you celebrate together.

Common Questions for Marriage Green Card Interview Relationship History

How did you and your spouse meet?
Where were some of your first dates?
How long did you date before getting married?
What is the story of your proposal?

Your Wedding

What was your wedding like?
Who was at your wedding?
What was the food?
How many people attended
Were there any special rituals? If so, what kind?
Did you go anywhere for your honeymoon? If so, where?

Daily Routines

What is daily life like for you and your spouse at home?
How do you start your day?
How often do you text or call each other when you are apart?
Who cooks?
Who cleans?
Do you spouse drive?

Your Children (If Any)

How do your children get to school?
Who are their friends?
What is their favorite food?
Do they play any sports? If so, what?

Personal Habits and Needs

Which side of the bed do you sleep on?
What PJs do you wear?
What medications does your spouse take?

Big Events, Rituals or Celebrations

When is your birthday?
How do you celebrate your last birthday? When is your spouse’s birthday?
What did you get each other?
What is the most important holiday of the year in your household and where do you celebrate it?

Cooking

How often do you eat out?
What is your favorite restaurant for special occasions? For weekly outings?
What is your favorite food?
Who cooks most?
Who does the grocery shopping? Where do you shop?
Is there a food you eat every week?
What is your spouse’s favorite/least favorite food?
What color are the kitchen curtains?
Do you have a BBQ grill? Do you use it?
Is your stove gas or electric?

Residence

Do you live in a house or apartment?
What is your current address?
How many bedrooms are in the apartment/house?
How many bathrooms are in the apartment/house?
How many televisions are in the residence?

Special Occasions

What did you do for Christmas, or Thanksgiving, or 4th of July Weekend, Labor Day Weekend, Memorial Day Weekend, etc.?
What did you do for her/his birthday?
What did you do for your spouse’s birthday?
Did you get her/him a gift for her/his birthday?
What did you get her/him?
Did you get her/him a gift for Christmas?
What did you get her/him?

Recent Events

Did you eat together last night?
What time did you eat?
What did you eat?
Did you sleep together last night?
What time did you sleep?
What did you do last weekend?

Spouse’s Basic information

What is your spouse’s full name?
Where was your spouse born?
How did your spouse get to the US?
Where did your spouse enter the US?
Does your spouse have children from before your marriage?
Has your spouse ever been married before?
How many siblings does your spouse have? What are their names?
What are your in-laws’ names?
What are your spouse’s parents like?
When was the last time you saw your in-laws?
Where does your spouse work?
How much does your spouse earn?

Smiling couple holding passports at the airport

Helpful Tips

Be truthful during the interview : They will ask personal questions, so be honest. If a question is too personal, let them know but try to answer the best of your ability. Transparency will help build trust and show your marriage is real. Providing accurate information is crucial; misrepresentation can lead to denial and a potential ban from the U.S.
Don’t Guess: Listen carefully to the officer’s questions.
- If you do not understand the question or did not hear the whole question, ask the officer to repeat or rephrase the question.
- If you hear and understand the question but do not know the answer, don’t guess. If you guess, you will probably guess wrong, and the officer can use the wrong answer as evidence that this is not a real relationship.
- If you do not know the exact answer but can approximate, such as dates, you can qualify your answers by saying “approximately.”
Wear business formal attire to the interview: No jeans, T-shirts, or revealing clothing, as it is a government building. Dressing well sets a good tone and shows respect for the process. It is important that both of you make a good impression. Be well-rested, don’t smoke marijuana before your interview, and avoid strong odors.
Get to the venue early: Government buildings have procedures like metal detectors, which can take time. Being early shows respect for the process and reduces stress.
Bring an Interpreter if Needed: If you need an interpreter, bring one with you. Understanding the questions being asked is key to giving accurate and honest answers.
Wait for Your Attorney: If you have an immigration lawyer, wait for them to arrive before the interview. Even if they call you early, tell the officer you prefer to wait for your attorney. Having the expertise of immigration law on your side can help.
Speak Up: Interviewing officers will ask very personal questions. If you find a question too personal, you have the right to tell the officer and ask to pause the interview so you can talk to the Supervisor. Always be polite and professional.

Being prepared for this can help you stay calm.

The marriage green card interview is a big deal. By knowing what to expect, having strong evidence, and preparation, you can feel confident. If you need help, Herman Legal Group , a law firm with over 29 years of experience, can help you prepare and present your case. Contact us today to schedule a consultation and start building your future together.

Continue Reading: Now that you know the process, it is time to learn the specifics on how to gather evidence and address red flags and negative outcomes. Check out our detailed guide on how to overcome marriage green card interview challenges and avoid red flags for approval to ensure you are fully prepared for your interview and increase your chances of approval.

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Form I-130 Processing Time – How Long Does it Take? Steps, Delays, and Tips

How to File Petition for Alien Relative

If you’re a U.S. citizen or a green card holder (lawful permanent resident), USCIS Form I-130 Petition for Alien Relative is how to start the family-based immigration process for your immediate relative seeking lawful permanent residence.

The form I-130 establishes your relationship with family members and gets the ball rolling for them to submit their immigrant visa petition and live in the U.S. permanently.

The United States Citizenship and Immigration Services (USCIS) processes a large number of Form I-130 petitions every year and reviews them based on established standards. This article will go over everything you need to know about Form I-130, who can file it, what documents are required, and the process.

Why Form I-130 Petition Matters

The main purpose of the Form I-130 petition is to show a qualifying relationship between a U.S. citizen or green card holder and their foreign family member. By filing, the petitioner is saying they will sponsor the alien relative for a green card and get them settled in the U.S.

Approval of Form I-130 is a big step in the process of getting the immigrant visa as it confirms the valid family relationship and allows the immediate relatives to move forward with their immigration status.

Form I-130 is more than just starting the green card process. Here’s why:

Eligibility Determination: USCIS approves Form I-130 when they determine the petitioner and foreign national family member relationship falls under a family-based green card category recognized by U.S. immigration law. Different categories have different wait times and quotas, so this step is important.
Intention to Sponsor: By filing Form I-130, the petitioner is formally stating they will support the eligible family member once they get a green card financially.
Case Initiation: An approved Petition for Alien Relative is the official start of the beneficiary’s green card process. They can now move on to the next steps like the immigrant visa petition and green card interview.
Proof of Relationship: The documents submitted with Form I-130, like marriage or birth certificate, are evidence for USCIS to prove the petitioner-beneficiary relationship.

Who Can Sponsor a Family Member

U.S. citizens and green card holders can file Form I-130 petition for alien relative to determine their sponsorship eligibility for certain family members for a green card. Eligible members are:

U.S. Citizens: Spouse, children (unmarried and under 21), parents, siblings.
Green Card Holders: Spouse and dependent children.

What is Immediate Relative and Family Preference

Who May Face Restrictions When Filing Form I-130?

Individuals with Certain Criminal Convictions:
- Under the Adam Walsh Act, individuals convicted of certain offenses,
  especially those involving sexual crimes against minors, may not be eligible to file Form I-130.
- Specific legal provisions determine eligibility based on criminal history.
Individuals with Fraudulent Marriages:
- If USCIS determines that a previous marriage was entered into solely for immigration benefits (i.e., a sham marriage), the petitioner may not be eligible to file future petitions, including Form I-130.
Individuals Previously Ordered Removed:
- Petitioners who have been previously ordered removed (deported) from the U.S. and have not obtained permission to reenter may not be eligible to file Form I-130. They must address their removal order before filing a new petition.
Other Restrictions
- Same-Sex Relationships Not Recognized by State or Country
- If the marriage is not recognized in the state or country where it took place, it may affect the ability to file Form I-130. But if the marriage is valid where performed and recognized by U.S. law, it should be good.
- Increased Burden of Proof for I-130 Petitioners Who Got a Green Card Through Marriage, Divorced, and Remarried Within 5 Years:
- Under the Immigration and Nationality Act (INA) Section 204(a)(2), petitioners in this situation must provide more evidence to prove that their new marriage is bona fide and not a way to circumvent immigration laws.
- Increased Burden of Proof for I-130 Petitioners Who Marry While the Immigrant Is In Removal Proceedings.
- If an immigrant marries while in removal proceedings, the petitioning spouse must prove that the marriage is bona fide by “clear and convincing evidence”.

This is a higher standard than the “preponderance of the evidence” standard required in immigration cases.

What is the Filing Fee for USCIS Form I-130?

As of 2024, the filing fee for Petition for alien relative is $675. This fee is non-refundable even if the petition is denied. So, be aware that if you are submitting multiple forms, you need to pay each filing fee separately.

Where to File Form I-130

Form I-130 can be filed online or by mail. Filing location depends if petitioner is in the U.S. or abroad.

In the U.S.: Petitions are sent to the USCIS Dallas Lockbox or Phoenix Lockbox depending on the petitioner’s location.
Outside the U.S.: Petitions can be filed at the U.S. embassy or consulate or sent to a USCIS office.
Online filing: You can also file the petition online from anywhere.

The most up-to-date information on filing locations can be found on the USCIS website.

What Steps are Involved in the I-130 Filing Process?

Fill out the Form I-130
- Fill out I-130 as part of the process; make sure to fill out all sections correctly.
- Provide all information about the petitioner and beneficiary.
Gather Documents
- Collect all supporting documents, including U.S. citizenship or green card, proof of relationship, and financial evidence.
Pay the Filing Fees
- Submit the correct filing fee of $675. Filing fees can be made by check or credit card using Form G-1450. Checks should be made payable to The U.S. Department of Homeland Security.
- Do not use abbreviations like “USDHS” or “DHS”. Double-check the amount to make sure it’s the right fee. Write your name and A-number (if applicable) on the check.
File the Petition
- You can file the completed form I-130 and supporting documents online or by mail to the USCIS lockbox or office.
- For online filing, create a USCIS online account and submit your petition online. After you have filled out the online application, there will be several upload options for documents. Before the application can be submitted, it will require payment and provide instructions on how to pay in order to file the form.
Get a Receipt Notice
- After filing the petition, the petitioner will receive a receipt notice from USCIS stating that the petition has been received and is being processed.
After Form I-130 is Approved
- After the I-130 is approved and approval notice is received, the next steps depend on whether the beneficiary is in the U.S. or abroad.
Adjust Status (In the U.S.)
- If the beneficiary is in the U.S., they can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a permanent resident. This involves submitting other relevant documentation and attending an interview with a USCIS officer.

Couple sitting by the water with holding hands

Form I-130 Supporting Documents

Here is a list of all required supporting documents to prove eligibility and family relationship:

U.S. Citizenship or Green Card: Copy of petitioner’s U.S. passport, birth certificate, naturalization certificate, or green card.
Relationship: Marriage certificate for a spouse. Birth certificates for children or parents. Both birth certificates for siblings.
Name Changes: If the petitioner or the green card applicant has had any name changes, attach legal documents to support these changes.
Nationality: Copy of the beneficiary’s valid passport.
Financial: Tax returns, bank statements, etc. to show the petitioner can support the beneficiary.

Submit Alternative Documents

Secondary evidence or alternative supporting documents must be submitted if primary documents are not available. This can include:

Affidavits of Personal Knowledge: Written statements from people who can also be used as secondary evidence to attest to the facts of the relationship.
Official Statements: Letters from relevant authorities stating that primary documents do not exist.
Secondary Evidence: Baptismal certificates, school records, etc. to prove the facts of the relationship photos and affidavits.

Financial Evidence and Sponsorship

When sponsoring a family member, you need to show financial responsibility by providing financial evidence at the time of adjustment of status or consular processing.

This includes submitting evidence such as income tax returns, employment verification letters, and bank statements. You need to show you can support the beneficiary and not make them a public charge.

An Affidavit of Support (Form I-864) is a binding document where you agree to support the beneficiary financially. This form is required for most family-based green card applications to ensure the beneficiary will not be on public assistance.

Specifics for Different Categories

Spouses

When filing form I-130 for a spouse, it’s important to provide evidence of a legally valid relationship that the marriage is bona fide and not entered into for immigration benefits. This includes:

Joint Bank Accounts: Statements with both names.
Joint Insurance Policies: Health, life, or auto insurance documents.
Photographs: Photos of the couple together at different times and places.
Affidavits: Statements from friends and family members attesting to the marriage.

If either spouse has a prior marriage, including divorce decrees or death certificates to prove all prior marriages have been terminated is required. Evidence of an ongoing marital union, such as joint lease agreements, utility bills, and correspondence addressed to both spouses can help strengthen the petition.

Children

However, USCIS has special considerations for child status for these immigrant visa petitions. While the I-130 process is generally the same for most relatives, there are important nuances to consider when petitioning for a child.

Age: There’s no upper age limit for a child you can petition for. However, children over 21 fall under a different preference category, leading to longer green card wait times. For an adopted child, include the adoption decree and evidence the adoption took place before the child turned 16.
Derivative Beneficiary: When petitioning for a spouse, you can include their unmarried child under 21 on the same I-130 petition. This saves time and money compared to filing separate petitions. For stepchildren, provide evidence of the marriage between the petitioner and the child’s biological parent and the child’s birth certificate.
Child Status Protection Act (CSPA): CSPA protects certain unmarried children under 21 from “aging out” of the green card process if the parent’s petition is approved after they turn 21. However, specific requirements must be met. For applicants over 21, include evidence they remain unmarried, such as affidavits and other relevant documents.
Unlawful Presence: Children under 18 don’t accrue unlawful presence in the U.S. even if they entered illegally. This is beneficial if your child needs to travel abroad for a visa after the I-130 is approved.
Documentation: For adopted children or children born out of wedlock, obtaining proper documentation proving the relationship may require extra steps. Parents Include the petitioner’s birth certificate and evidence of a parental relationship, such as affidavits and family photos. If the petitioner is a U.S. citizen, include proof of citizenship, such as a birth or naturalization certificate.
Shared Parentage: Include birth certificates for both siblings showing the same parent.

Avoid Delays and Denials

Make sure all forms are filled out correctly and completely to avoid delays and denials. Even seemingly minor errors or inconsistencies on the I-130 petition can lead to delays or requests for evidence (RFEs).

An attorney can review your completed form before submission to minimize the chance of errors and ensure all information is presented clearly and accurately.

Respond to any RFEs or additional documentation requests from USCIS ASAP to keep the process moving.

Family laughing, enjoying together on a bed

General Wait Time to Immigrate to the U.S. via I-130

Family-Based Petition

The processing time through the Form I-130 family preference category varies based on the relationship category, the beneficiary’s country of origin, and the Visa Bulletin.

Here’s a breakdown:

Immediate Relatives of U.S. Citizens

U.S. Citizen’s Spouses, Parents and Unmarried children

General Wait Time: 12-18 months.
Process:
- USCIS Processing: 6-12 months.
  - NVC Processing and Consular Interview: 3-6 months.
  - Adjustment of Status (if within the U.S.): 6-12 months depending on the local USCIS office backlog.

Family Preference Categories

F1: Unmarried Adult Children (21 and older) of U.S. Citizens
- General Wait Time: 7-8 years.
F2A: Spouses and Unmarried Children (under 21) of Lawful Permanent Residents
- General Wait Time: 2-3 years
- Mexico: Slightly longer, typically 3-4 years
F2B: Unmarried Adult Children (21 and older) of Lawful Permanent Residents
- General Wait Time: 5-7 years.
F3: Married Children of U.S. Citizens
- General Wait Time: 10-12 years.
F4: Siblings of U.S. Citizens
- General Wait Time: 14-16 years.
- Country of Origin:
  - General: 14-16 years.
  - India: 15-20 years.
  - Mexico: 20+ years.
  - Philippines: 20+ years.

For more accurate processing time, check the Visa Bulletin Priority Date on the USCIS website and consult with an immigration attorney for the most up-to-date information.

USCIS Processing Time

Depends on the USCIS Service center handling your case.

Petition Receipt: 1-3 weeks to receive receipt notice.
Initial Review and Request for Evidence (if needed): 6-12 months.
Approval Notice: 6-12 months after filing, assuming no issues.

National Visa Center (NVC) Processing

Case Creation: 1-3 months after USCIS approval.
Document Submission and Review: 3-6 months.
Scheduling of Consular Interview: 2-4 months, depending on the consulate.

Consular Interview and Visa Issuance (if outside the U.S.)

Interview Appointment: 1-2 months after NVC processing is complete.
Visa Issuance: 1-2 weeks after interview.

Adjustment of Status (if within the U.S.)

Form I-485 Filing: Concurrent or after form I-130 approval.
Biometrics Appointment: 1-2 months after filing.
Interview (if required): 6-12 months after filing.

Approval and Green Card: 1-2 months after interview.

After Approval: Becoming a Green Card Holder

After the beneficiary becomes a lawful permanent resident, they must maintain their permanent resident status post-approval by living in the U.S. and not doing anything that could jeopardize their status, such as committing crimes or not filing income tax returns.

Mother and daughter sitting together in a forest

U.S. Citizenship

After holding a green card for a certain period (usually 5 or 3 years if married to a U.S. citizen), the beneficiary can apply for U.S. citizenship through naturalization. This involves submitting Form N-400, passing a citizenship test, and attending a naturalization ceremony.

Additional Forms and Documents to File with I-130 Petition

Form I-130 requires the US citizen petitioner to submit supporting documents and a filing fee with the form. You’re not done with the petition until you have:

Form I-130A: Supplemental Information for Spouse and Beneficiary, which asks for extra biographical information. This form replaces the old Form G-325A, which both the sponsor and foreign applicant in a marriage-based green card application were supposed to fill out and submit.
Proof of U.S. citizen status of a spouse who will be the petitioner: Proofs can be a copy of a birth certificate, passport, certificate of naturalization, or Form FS-20 (Report of Birth Abroad of a United States Citizen), and this will depend on how a spouse became a U.S. citizen.
Proof of legal marriage: This should include, at a minimum, a copy of your marriage certificate, probably from a government source. If either you or your spouse has been previously married, you must include proof those marriages were terminated, such as a copy of a death, divorce, or annulment certificate.
Photos: Attach one passport-style photo of each of you. The photos should be color, taken within the past six months, of your current appearance. However, USCIS allows your spouse to submit a photo that doesn’t completely follow the instructions if they live in a country where such photographs are not available or are too expensive.
Fees: The filing fee for an I-130 petition is $625 if you file online and $675 for paper filing. (As of April 1, 2024; always check the USCIS I-130 Web page or call USCIS at 800-375-5283 for current fees.) You can pay by check or money order or by filling out Form G-1450, Authorization for Credit Card Transactions.

I-130 Appeals

If your I-130 petition is denied, you will receive a notice explaining the reason for the denial. You can appeal the decision or file a motion to reopen or reconsider. The appeal process involves filing Form I-290B, Notice of Appeal or Motion, with the fee. It’s recommended you consult with an attorney to figure out what to do.

FAQs

Can I file I-130 for a stepchild?

Yes, if the marriage creating the stepchild relationship occurred before the child turned 18.

Can I file I-130 if I live outside the US?

Yes, U.S. citizens and lawful permanent residents can file the form I-130 from abroad. Contact the nearest US consulate for instructions on where to send the petition.

Can I expedite my I-130?

In some cases, such as medical emergencies or urgent humanitarian situations, USCIS may expedite the I-130 Petition for Alien Relative. You must submit a request and supporting evidence.

Is there a limit to how many I-130s I can file?

There is no limit to the number of I-130s a US citizen or lawful permanent resident can file for eligible family members. However, each petition must meet all requirements and have supporting evidence.

My fiancé(e) is on a K-1 visa. Can I still file an I-130 for them before we get
married?

Yes, you can file the I-130 petition for your fiancé(e) even while they are in the U.S. on a K-1 visa. However, they must get married to you within the K-1 visa’s validity period to proceed with the green card application.

I was previously married, but the divorce wasn’t finalized yet. Can I still
sponsor my new spouse?

You might be able to file an I-130 for your new spouse, but it depends on how close your previous divorce is to being finalized. Consult an attorney to ensure your prior marriage is legally terminated before submitting the petition.

I have a criminal record. Will it prevent me from sponsoring a relative?

Not necessarily, but the nature and severity of your offense can impact your eligibility. An immigration attorney can assess your specific situation and advise you on the potential consequences.

My fiancé(e) is living undocumented in the U.S. Can I still file for them?

While you can file the I-130 petition, your fiancé(e) might face challenges adjusting their immigration status from within the U.S. An attorney can explore options and potential repercussions.

Secure Your Family’s Future in the U.S.

By following these steps and utilizing available resources, you can move closer to obtaining immigrant visas for your immediate family members.

The journey towards family unity, permanent resident status, and citizenship is rewarding and worthwhile.
With the right information and guidance, your family can look forward to a bright future in the U.S.

For expert legal support with filing Form I-130, obtaining immigrant visas, registering for permanent residence, or navigating immigration court proceedings, contact Herman Legal Group at 1-216-696-6170. Let us help you every step of the way.

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24/7 Support, Just A Call Away!

+1-216-696-6170

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What You Need To Know About Divorce and Green Cards?

Divorce is tough and expensive. For immigrants it can get even more complicated, especially when it comes to your green card and immigration status. Depending on the type of green card you have and your situation, the impact of divorce can be huge. This guide will tell you how divorce affects your immigration status and what to do about it.

This will cover what happens to your green card after divorce, what you need to do and how to protect your immigration status.

Green Card Types

What is a Green Card?

A green card lets you live and work in the United States permanently. If your green card is marriage-based, your immigration status is tied to your relationship with your sponsoring spouse. Divorce can affect your ability to get or keep your lawful permanent resident status, depending on where you are in the green card process.

Citizenship and immigration services will scrutinize your application, especially if you have a conditional green card, and you will need to prove that your marriage was genuine when seeking waivers.

Types of Marriage Green Cards

U.S. immigration law has two types of marriage green cards:

Permanent Green Card (10-Year Green Card)
- Issued to noncitizens who have been married to a U.S. citizen for at least 2 years at the time of green card approval.
- Renewed every 10 years by filing Form I-90.
- Divorce does not affect renewal of a permanent green card as marital status is not considered during renewal.
Conditional Green Card (2-Year Green Card)
- Issued to immigrants who have been married less than 2 years at the time of green card approval.
- Valid for 2 years, then you need to file a joint petition (Form I-751) to remove conditions and get a permanent green card.
- To ensure the marriage is not just for immigration benefits.

What Happens to Your Immigration Status If You Divorce?

Moving to the U.S. for a marriage-based green card is a big deal, but what happens if the marriage ends in divorce before you get permanent residency? Your immigration status depends on where you are in the green card process. Here we will go over each scenario.

Scenarios Affected by Divorce in the Green Card Process

Your immigration status can be affected differently depending on your spouse’s status, the type of visa or green card you have, and how and when you got it. Here are the scenarios:

Divorcing before green card approval.
Divorcing before conditions on temporary green card removed.
Divorcing after getting a permanent green card.

Each has different implications so let’s break them down.

If a divorce occurs during the conditional green card period, USCIS may scrutinize the marriage for marriage fraud. It is crucial to prove that the marriage was entered into in good faith to avoid complications in the process of converting to permanent residency.

Additionally, if the divorce occurs before naturalization, special attention should be made to document the bona fides of the prior marital relationship.

1. Divorcing Before Your Green Card Is Approved

Before Green Card Approval

If you divorce before your green card application is approved, your green card eligibility may end. For example:

If your green card application was based on your marriage to a U.S. citizen or permanent resident, divorce invalidates the basis for your application.
If you were a derivative applicant (e.g. included in your spouse’s employer-sponsored green card application), your eligibility ends with the divorce.

If the marriage ends before USCIS approves the petition, your green card eligibility ends too since it was based on the marriage.

If you’re in the process of applying for a marriage green card and get divorced, the application will be denied.

Key points to remember:

No Further Progress: Divorce ends marriage-based green card eligibility.
Fraud Vigilance: USCIS is very careful about fraud. Misrepresenting your marital status can have serious consequences.

Outcomes:

If the I-130 petition or the I-485 or DS-260 is still pending, your application is void, divorce will usually void the green card process.

What to Do Next: You may have to leave the U.S. unless you have another type of visa or immigration benefit.

Exceptions to the Rule

If you’re a victim of abuse or extreme cruelty by your spouse, you may be able to self-petition under the Violence Against Women Act (VAWA). Here are the key points:

Self-Petitioning: You can continue the green card process without your spouse’s consent or involvement.
Evidence Required: While police reports and medical records can help your case, they’re not required. Other forms of evidence, such as personal statements, may be enough.

Other Options: If your marriage-based green card is no longer available, consider:

Employment-based green cards
Sponsorship through another family member
Asylum or refugee status
Special immigrant categories
Registry for those who have been in the U.S. for a certain period

Note: Consult with an immigration attorney for possible waivers or other paths, such as self-petitions under special circumstances (e.g. abuse).

2. Divorcing with a Conditional Green Card

Conditional Resident (Conditional Green Card Holder)

Who You Are: You were granted conditional resident status based on a marriage less than 2 years at the time of application.
What Happens:
- Conditional resident status is only 2 years.
- To remove conditions, you and your spouse must jointly file Form I-751 within 90 days of your conditional green card expiration. Victims of battery or extreme cruelty by their U.S. citizen or lawful permanent resident spouse can continue the immigration process independently.

What If You Divorce?

You can still file Form I-751 but will need a waiver of the joint filing requirement.
USCIS will look into whether your marriage was real. Joint financial documents, shared property or testimonies can help.
Divorce makes it harder to remove conditions but not impossible.

Removing Conditions on a Green Card:

Before the 2-year conditional period ends, you and your spouse would normally file jointly Form I-751, Petition to Remove Conditions of Residence and provide evidence that your marriage was real. Examples:

Jointly held bank accounts, leases or property ownership
Photos of your life together (wedding, vacations, holidays)
Statements from family and friends that your marriage is real

A divorce during the 2-year conditional green card period can make things complicated but there are options: Seeking professional immigration services can help navigate these complexities and ensure you provide substantial evidence to USCIS.

What If You Divorce Before Removing Conditions?

Divorcing during the 2-year conditional green card period doesn’t automatically mean you’ll be deported or lose your status. But you’ll have to file Form I-751 on your own, requesting a waiver of the joint filing requirement.

Apply for a Divorce Waiver

If your divorce is final when it’s time to remove conditions, you’ll file Form I-751 with a divorce waiver. This waiver allows you to proceed without your spouse’s signature but you must prove your marriage was real.

Bona Fide Marriage:

Show that your marriage was real and not for immigration benefits. Provide:

Joint property ownership or lease agreements
Financial and insurance records showing shared accounts or expenses.
Annotated photos
Evidence of joint travel
Birth certificates of children born during the marriage.
Affidavits from friends or family who can attest to your marriage.
Marriage counseling records, if any

Reason for Divorce:

Write a detailed explanation of why you are divorcing.
If applicable, include court documents for abuse, adultery or irreconcilable differences.

Divorce Decree

If your divorce is final, include the decree with your petition. If not, provide proof that divorce proceedings have started and include the decree later if USCIS requests it.

File a Hardship Waiver

If returning to your home country would cause extreme hardship, you can file a hardship waiver with your I-751 petition.

What is Extreme Hardship:

Living in the U.S. for a long time and can’t adjust to life back home.
Not fluent in your native language.
U.S.-born children whose lives would be uprooted by relocation.
Medical conditions that can only be treated in the U.S.
Persecution or unsafe conditions in your home country.
Severe financial hardship.

A hardship waiver is tough to get but an immigration attorney can help you build a strong case with evidence.

Consider an Abuse Waiver

If you were abused or subjected to extreme cruelty during your marriage, you can file an abuse waiver instead of a divorce waiver. This applies whether you’re still married, separated or divorced.

Examples of Extreme Cruelty:

Physical abuse or threats of violence.
Emotional abuse, such as isolation, control over finances or manipulation.
Threats to report you to immigration authorities or interfere with your status.
Deprivation of basic needs like food, transportation or healthcare.

How to Prove Abuse

Police reports, protective orders or court records.
Medical or therapy records documenting injuries or emotional trauma.
Affidavits from friends, family or counselors who witnessed the abuse.
Emails, text messages or other written evidence of abuse.

If Your Divorce Isn’t Final?

If your divorce isn’t final when your I-751 petition is due, include a copy of the divorce petition to show that the process has started. USCIS will usually issue a Request for Evidence (RFE) and give you 87 days to submit the final divorce decree.

Make sure to expedite your divorce during this period as not providing the decree on time can put your immigration status at risk. An experienced divorce attorney can help you get this done fast.

Tips to Win

Get Organized
- Gather all evidence to prove your marriage was real.
- Include supporting documents for any waivers you’re filing.
Work with an Immigration Attorney
- An attorney can help you with the waiver process, make sure all forms and evidence are submitted correctly.
- They can also represent you in USCIS interviews or appeals if issues arise.
Be Truthful
- Be honest about your marriage and divorce during your USCIS interview.
- Be specific and provide evidence to support your claims.

3. Divorce After Getting a 10-Year Green Card

Once you have a 10-year green card, divorce has little impact on your immigration status. As a lawful permanent resident (LPR), your status is separate from your marriage.

Important Points:

Divorce won’t revoke your green card or affect renewals.
You’re still eligible for U.S. citizenship through naturalization (usually 5 years after your green card approval, no longer 3-year rule)
During naturalization, USCIS reviews your entire immigration history.
You must prove your marriage was real and not fraudulent. Evidence includes joint bank accounts, shared leases and photos
If USCIS suspects fraud, they may deny your application or start removal proceedings
Legal permanent residency can only be revoked for specific reasons such as criminal activity or immigration violations—not for divorce

Renewing Green Card After Divorce

For most green card holders, divorce won’t affect their ability to renew their green card. If you have a 10-year green card, you can usually renew it without issues by filing Form I-90. Note:

No Marital Status Required: USCIS doesn’t ask for marriage status for 10-year green card renewal.
Name Change: If you want to change your name due to divorce, you can do so during the renewal process. Provide legal documentation, such as a divorce decree, as proof of name change and check the box on Form I-90.

Stay Compliant

Continue to meet the requirements for permanent residency, such as renewing your green card and not committing crimes.

Naturalization and Divorce

Many green card holders want to become a U.S. citizen. Divorce can change your timeline. It is important to note that even after naturalization or achieving citizenship, challenges such as divorce after naturalization and divorce after citizenship can arise, affecting personal, legal, and financial matters in unexpected ways.

Naturalization Based on Marriage

If you plan to file for citizenship based on 3 years of marriage to a U.S. citizen, your divorce will make you ineligible for this shortcut. To qualify, you must:

Be married to the U.S. citizen spouse until the oath ceremony, maintaining your marital or relationship status.
Have lived with your spouse for 3 years before filing Form N-400, Application for Naturalization.

Naturalization Based on 5-Year Rule

Divorce won’t affect your ability to file for naturalization after 5 years as a permanent resident. For example, if you have a 5-year green card, you can file Form N-400 regardless of your marital status.

USCIS File Review

During naturalization, USCIS reviews your entire immigration history. If they suspect your original marriage was not real or fraud, they may:

Ask for more evidence.
Deny your naturalization application.
Start removal proceedings in extreme cases.

Divorce Before Citizenship Approval:

If you divorce after filing but before approval, you must withdraw your application and reapply after 5 years.
Divorce Impact: If you divorce before USCIS approves your naturalization petition, you lose the 3-year rule and must wait 5 years

Steps to Prepare for Naturalization After Divorce

1. Keep Records:

Keep documents that prove your marriage was real and you met residency and legal requirements.
Keep financial records for any divorce related obligations.

2. Be Truthful:

During your naturalization interview, answer questions about your marriage and divorce truthfully and directly.
Be prepared to explain any issues that might seem questionable, such as gaps in residence or financial disputes.

3. Show Positives:

Collect evidence of good moral character, such as:
- Volunteer work or community service
- Employer recommendations
- Positive relationships with family, friends or religious groups.

Get Legal Advice:

An immigration attorney can help you navigate the naturalization process and address any issues from your divorce.

Divorce and Derivative Beneficiaries (Dependent Visa Holders)

If your green card is tied to a spouse’s employment-based petition (e.g. an H-1B visa holder’s I-140), your derivative status ends if you divorce before the green card is approved.

Who You Are: Your visa status is based on your spouse’s primary visa (e.g. H-4 visa for H-1B visa holders).
Divorce Impact:
- Divorce usually ends your dependent status.
- You may lose work authorization (EAD).
Before AOS Approval: The derivative beneficiary application process ends.
After AOS Approval: Divorce won’t affect the approved green card but may be scrutinized if conditional.

Options After Divorce:

Alternative Visa: Look into other visa categories, such as student or work visas, to stay in the U.S.
Abuse Exception: If you are in an abusive relationship, you may be eligible for independent work authorization under specific provisions like VAWA.
In most cases, if you can’t get a new visa, you must leave the U.S.

Protecting Yourself During the Process

What to Do If You’re Getting Divorced:

Get Legal Advice

An attorney can help you with waivers, evidence gathering and make sure you’re eligible for legal residency.

Document Your Marriage: Keep detailed records of your life together, including financial accounts, photos and communications. This can help your case for a good faith marriage if required.
File on Time: File Form I-751 within the 90-day window before your conditional green card expires, even if you have to file without your spouse. Late or incomplete filings can jeopardize your status.
Prepare for Interviews: If asked, provide detailed and credible testimony about your relationship during any USCIS interview.
Communicate with USCIS: Respond to RFEs or other notices promptly.
Be Honest: Don’t misrepresent your relationship status; fraud can lead to deportation.
Plan Ahead: Think about how divorce will impact your long-term goals, including naturalization.
Stay Informed: Immigration laws and procedures change. Check USCIS website or consult an attorney.
Know Filing Requirements: Make sure you meet all deadlines and requirements for Form I-751 or N-400.
Plan for Naturalization: Decide if you should apply for citizenship under the 3-year or 5-year rule based on your situation.

Quick Facts

Divorce does not affect green card renewals for 10-year green card holders.
Conditional green card holders have stricter requirements and must prove their marriage was good faith.
Divorce during the green card application process will stop your case unless the application is already approved.
Divorce can complicate naturalization especially if you’re using a shorter timeline through marriage.
Always consult an attorney to protect your status and know your options.

Divorce as a green card holder is tricky but with the right info and guidance you can navigate it and move forward.

Divorce FAQs for Green Card Holders and Applicants

How long after citizenship can you divorce?

Once you become a U.S. citizen, your immigration status is no longer dependent on your marriage. You are free to divorce at any time without affecting your citizenship. However, if your citizenship was obtained through marriage and there was fraud or misrepresentation involved, the U.S. government may investigate and, in extreme cases, revoke your citizenship. If the marriage was legitimate but simply didn’t work out, your citizenship remains intact.

What happens if you marry a U.S. citizen and then divorce?

The impact of divorce depends on your immigration status:
• Before getting a green card: If your divorce happens before you receive a green card, your immigration process typically ends, as the petitioning spouse is no longer sponsoring you.
• With a conditional (2-year) green card: If you divorce before filing to remove conditions, you may still be able to apply for a waiver proving that the marriage was entered in good faith.
• With a permanent (10-year) green card: Divorce has no immediate impact, but it may affect your ability to apply for citizenship through the three-year rule (applicable to those married to U.S. citizens). Instead, you would need to wait five years for naturalization.

Can citizenship be revoked after divorce?

In general, divorce alone does not result in the revocation of citizenship. However, if the U.S. government determines that you obtained your citizenship through fraudulent means—such as a sham marriage solely for immigration benefits—your citizenship can be revoked through a process called “denaturalization.” This is rare but can happen if the authorities find clear evidence of fraud.

Can divorce affect citizenship application?

Yes, divorce can impact your eligibility for naturalization:
• If you are applying for citizenship under the three-year rule (available to spouses of U.S. citizens), divorce means you no longer qualify under this provision. You must then wait until you are eligible under the five-year rule instead.
• USCIS also assesses an applicant’s moral character. If there are allegations of marriage fraud or domestic disputes, it may impact your application.
• If your marriage was genuine and you meet the residency and good moral character requirements, divorce itself will not prevent you from obtaining U.S. citizenship.

What happens if you get divorced before getting a green card?

If you divorce before obtaining your green card, your immigration process generally ends. The green card process through marriage requires a sponsoring spouse, and without them, your application will be denied. However, if you qualify for another visa category (such as employment-based sponsorship or a self-petition under VAWA in cases of abuse), you may still have options.

What happens if you divorce during the immigration process?

The consequences of divorcing during the immigration process depend on your current stage:
• Before receiving a green card: Your petition is likely to be denied unless you qualify for an alternative immigration benefit.
• With a conditional green card (2 years): You can still apply to remove conditions by filing Form I-751 with a waiver, proving that the marriage was genuine but ended in divorce.
• With a 10-year green card: Divorce does not directly affect your green card, but it may delay your citizenship eligibility if you were planning to apply through the three-year rule.

What happens if you get divorced after getting a green card?

If you have a 10-year green card, divorce does not affect your lawful permanent resident status. However, if you have a conditional (2-year) green card, you will need to apply for a waiver when filing Form I-751, demonstrating that your marriage was real despite ending in divorce.

Can I divorce after getting a 10-year green card?

Yes, you can divorce after obtaining a 10-year green card without any immediate immigration consequences. Your green card remains valid, and you can renew it as long as you meet residency requirements. However, if you plan to apply for U.S. citizenship, a divorce could impact the timing of your eligibility. During naturalization, it is not uncommon for USCIS to re-examine the prior marriage to validate that the green card was properly issued and not the result of a fake marriage.

Can I still apply for citizenship after divorce?

Yes, you can still apply for citizenship after a divorce. However, if you were relying on the three-year rule for spouses of U.S. citizens, divorce means you must now wait five years instead. You must still meet all other naturalization requirements, including continuous residence, good moral character, and physical presence in the U.S. USCIS may re-examine the circumstances of the marriage, and inquire about the circumstances of the divorce, in order to ascertain whether the green card was properly issued (and not granted based on a fraudulent marriage).

Do you lose your green card if you divorce?

No, divorce does not automatically lead to the loss of your green card. However, if you have a conditional green card, you must prove that the marriage was entered into in good faith when you file Form I-751. If USCIS suspects marriage fraud, your green card could be revoked.

How long do you have to stay married after getting citizenship?

Once you become a U.S. citizen, you are not required to stay married. However, if your citizenship was obtained through fraud, it could be revoked. If you obtained naturalization under the three-year rule for spouses of U.S. citizens, a divorce shortly after gaining citizenship could raise scrutiny, but it would not typically lead to denaturalization unless fraud is proven.

Will a divorce affect my immigration status?

Divorce can affect your immigration status in the following ways:
• If you have a conditional green card, you must file a waiver to remove conditions.
• If you are in the middle of the immigration process, your application may be denied.
• If you have a 10-year green card or citizenship, divorce does not affect your immigration status.
• If you are applying for citizenship through marriage, you must now wait five years instead of three.

What happens if you get divorced during conditional green card period?

If you divorce while holding a conditional (2-year) green card, you must still apply to remove conditions by filing Form I-751. Instead of filing jointly with your spouse, you must request a waiver and provide evidence that the marriage was bona fide but ended in divorce. USCIS will review your case carefully to ensure the marriage was real and not for immigration benefits.

Divorce FAQs for Green Card Holders and Applicants

Will my green card be taken away if I get divorced?

i. Conditional Green Card Holders: Divorce during the 2-year conditional period doesn’t automatically mean you’ll lose your green card. But you must file Form I-751 with a waiver to prove your marriage was good faith.
ii. Permanent Green Card Holders: Divorce doesn’t affect your permanent resident status. You can live and work in the US without additional requirements.
iii. Pending Applicants: If your green card application is pending and based on marriage, divorce will generally be denied unless you qualify for an exception such as VAWA.

Do I have to tell USCIS about my divorce?

You don’t have to notify USCIS right away after your divorce. But you must disclose it in future immigration applications such as naturalization or when removing conditions from your green card. It is also a new requirement to update USCIS on pending I-751.

Does divorce mean I’ll be deported?

No. Divorce alone doesn’t mean you’ll be deported. But if you fail to meet the requirements for your green card (e.g. don’t file Form I-751 on time) you could be placed in removal proceedings.

Can I stay in the US after divorce?

Yes. As long as you meet immigration requirements, divorce won’t force you to leave the US. You can file waivers or other legal petitions to maintain your status.

Divorce During the Conditional Green Card Period

What is a conditional green card?

A conditional green card is given to individuals who were married for less than 2 years when their green card was approved. It’s valid for 2 years and requires the couple to file Form I-751, Petition to Remove Conditions on Residence, jointly within 90 days before the card expires.

What if I get divorced before my conditional green card expires?

You must file Form I-751 on your own and request a waiver of the joint filing requirement. To succeed you must prove:

i. The marriage was good faith: Provide documents such as joint financial documents, leases, photos, affidavits from friends and family, and evidence of shared responsibilities.
ii. The reason for divorce: Include a divorce decree and explain why the marriage ended.

What if my divorce isn’t final before I file Form I-751?

i. File a copy of the divorce petition with USCIS and let them know the divorce is ongoing.
ii. USCIS may issue a Request for Evidence (RFE) and give you 87 days to provide the final divorce decree.

What documents should I include in my I-751 petition after divorce?

i. Joint financial documents (e.g. shared bank accounts, tax returns or utility bills).
ii. Photos of shared experiences (e.g. vacations, holidays and family events).
iii. Copies of children’s birth certificates if applicable.
iv. Statements or affidavits from friends, family or religious leaders attesting to your marriage was good faith.
v. Evidence of shared responsibilities (e.g. joint leases or insurance policies).

Can I still naturalize if I get divorced during the conditional period?

Yes, but you’ll have to wait 5 years as a permanent resident instead of 3 years if you’re no longer married to a US citizen.

Divorce With a Permanent Green Card

Does divorce affect my 10 year green card?

Divorce does not affect your permanent resident status if you have a 10 year green card. You can stay and work in the US without issue.

How does divorce affect green card renewal?

When you renew your green card, USCIS may review your marriage history. Be prepared to provide documents to prove your marriage was good faith if asked.

Can I remarry after divorce without affecting my green card?

Yes. If you have a 10 year green card, remarrying won’t affect your status. But if you’re still in the conditional period, you must prove your first marriage was good faith.

Can I naturalize after divorce?

Yes. If you’re applying for:

i. Married to a US Citizen: You can apply after 3 years of marriage if still married.
ii. Divorced: You must wait 5 years as a permanent resident before applying.

Divorce With a pending green card application

What if I get divorced before my green card is approved?

If you get divorced before USCIS approves your green card application, the process will be denied unless you qualify for exceptions such as:
• Filing under the Violence Against Women Act (VAWA).
• Filing a hardship waiver for extreme hardship if you go back to your home country.

What if my spouse withdraws the I-130?

If your spouse withdraws the I-130 before USCIS approves your green card, your application will be denied unless you can self petition (e.g. under VAWA or other waivers).

Can I continue my application after divorce if my spouse was abusive?

Yes. Under VAWA, you can self petition for a green card by providing evidence of abuse such as:
i. Police reports or protective orders.
ii. Statements from therapists or social workers.
iii. Affidavits from friends or family.

Special Waivers After Divorce

What is a divorce waiver?

A divorce waiver allows you to remove conditions on your green card without your spouse’s consent. File Form I-751 and provide evidence of good faith marriage.

What is an abuse waiver?

An abuse waiver is for conditional residents who were abused or subjected to extreme cruelty during their marriage. Evidence may include:
i. Medical records or police reports.
ii. Emails, texts or photos of abuse.
iii. Statements from counselors or social workers.

What is a hardship waiver?

A hardship waiver is if you can prove extreme hardship if you go back to your home country. Examples of hardship include:
i. Medical conditions that require US treatment.
ii. Language barriers.
iii. Financial hardship.
iv. Fear of persecution.

Legal Separation vs. Divorce

Does legal separation affect my green card?

Legal separation doesn’t end the marriage, so you can still file jointly to remove conditions. But if legal separation leads to divorce, you’ll need to file separately.

Derivative Beneficiaries and Divorce

What if I’m a derivative beneficiary and get divorced?

i. Before Adjustment of Status: Your eligibility ends if you get divorced before your green card is approved.
ii. After Adjustment of Status: If your green card is already approved, divorce won’t affect your status.

Can my spouse cancel my green card?

i. They can withdraw the I-130 before your green card is approved.
ii. Once you have your green card, they can’t cancel it, but USCIS will review your case if fraud is suspected.

What if I miss the Form I-751 filing deadline?

If you miss the deadline, USCIS will terminate your conditional status and start removal proceedings. You’ll need to provide a good reason for the delay to continue your application.

Will divorce affect my ability to travel internationally?

You can travel internationally with a green card. But if your divorce raises questions about your residency or intent, re-entry to the US may be more scrutinized.

Can I still apply for citizenship after divorce?

Yes, but the timeline changes. If you divorce, you’ll need to wait 5 years as a lawful permanent resident instead of 3.

What if my spouse won’t cooperate?

If your spouse won’t file jointly, you can still file on your own with a waiver.

What if I’m denied?

You may be able to appeal or reopen your case. Consult an immigration attorney now to see your options.

Will my divorce automatically disqualify me from US citizenship?

No. Divorce alone doesn’t disqualify you, but it can raise questions about your moral character and the legitimacy of your marriage.

Do I have to wait longer to apply for citizenship after divorce?

Yes. If you divorced your US citizen spouse, you’ll need to wait 5 years as a permanent resident instead of 3 years.

Can USCIS deny my naturalization application because of financial issues from my divorce?

Yes. If you didn’t meet your financial obligations, such as child support or alimony, USCIS may consider it a negative factor in your moral character evaluation.

Steps to Strengthen Your Case After Divorce

Keep Records: Keep evidence of your marriage’s legitimacy, financial records, photos and affidavits.
Consult an Attorney: File waivers or petitions with an experienced immigration attorney.
Be Transparent: Always disclose your divorce in immigration applications to avoid USCIS issues.

How an Attorney Can Help

Why Legal Matters

Divorce and immigration is complex. An experienced attorney can:

Help you collect and present evidence to USCIS
Guide you on other ways to stay in the US
Represent you if USCIS challenges you

When to Call an Attorney

If you’re getting divorced and have green card questions, contact an attorney now. Timing is everything.

You don’t have to lose your green card. Now you know your options and can act to protect your residency and plan for your US future. Contact Herman Legal Group now.

Expert Legal Help At Herman Legal Group, LLC

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+1-216-696-6170

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Am I Eligible for a Green Card?

Obtaining a green card officially known as a Permanent Resident Card grants you the ability to live and work permanently in the United States, and eventually become a U.S. citizen. The process varies depending on your unique circumstances, but this guide will break it down step by step, making it easy to understand and follow.

This guide will simplify the process, explain the timeline, costs, and various types of Green Cards, and provide step-by-step instructions for applicants.

What is a Green Card?

A Green Card is a physical document that signifies your status as a lawful permanent resident in the United States. It allows you to:

Live permanently in the U.S.
Work in any legal job of your choice.
Travel outside and return to the U.S. under certain conditions.
Seek Citizenship: Eligible for naturalization after 3–5 years (depending on circumstances)
Sponsor Family Members: LPRs can sponsor immediate family members for U.S. residency, though subject to annual caps.
Access Federal Benefits: Eligibility for Social Security, Medicare, and other federal programs after meeting specific criteria.

Key Facts

As of 2023, approximately 12.7 million people hold green cards, with 9 million eligible for U.S. citizenship.
The card is historically referred to as a “green card” because of its greenish color.

Green Card vs. Visa:

A visa allows temporary entry into the U.S., while a Green Card grants long-term residency and work rights.
Check out guides like “Green Card vs. Visa” for more detailed comparisons.

Am I Eligible? Green Card Categories

Eligibility categories are classifications that determine whether you qualify for a Green Card based on your unique circumstances. Identifying the eligibility category that fits your situation is crucial, as each category has specific requirements, application processes, and considerations for family members. Let’s explore these categories in greater detail.

1. Green Card Through Family

Family-based Green Cards are one of the most common and straightforward paths to permanent residency. Your eligibility depends on your relationship to a U. S. citizen or lawful permanent resident (Green Card holder). One notable option is through green card holder parent sponsorship, which allows a lawful permanent resident to sponsor their immigrant child for a Green Card. This process can expedite family reunification, making it easier for families to stay together in the United States.

Immediate Relatives of U.S. Citizens

Who Qualifies?
- Spouses of U.S. citizens.
- Unmarried children under 21 of U.S. citizens.
- Parents of U.S. citizens (the U.S. citizen must be 21 or older).
Key Benefits:
- No annual visa caps mean shorter processing times.
- A direct and preferred category for family-based Green Cards.

Processing Times

From Within the U.S.
- Immediate relatives (spouses, parents, and minor children) of U.S. citizens: 10–23 months.
- Other family and employment categories: 2+ years.
From Outside the U.S.
- Immediate relatives via consular processing: 11.4–15 months.
- Other categories depend on country caps and visa availability, often with longer waits.

Costs Associated with Green Cards

Family-based Green Cards:
- $3,005: Applying within the U.S.
- $1,340: Applying from outside the U.S.
- Additional costs: Medical exams, attorney fees, and translation services.

Other Family Members of U.S. Citizens (Preference Categories)

These categories fall under the family preference system, subject to annual visa limits and longer waiting times:

Unmarried Adult Sons or Daughters (21 or older): Children of U.S. citizens who are not married.
Married Sons or Daughters (any age): Children of U.S. citizens who are married.
Siblings of U.S. Citizens: Brothers or sisters of U.S. citizens (the U.S. citizen must be 21 or older).

Insights:

Priority date rules apply. The earlier your petition is filed, the higher your spot in the visa queue.
Check the Visa Bulletin monthly for updates on visa availability.

Family Members of Lawful Permanent Residents

Who Qualifies?
- Spouses of Green Card holders.
- Unmarried children under 21 of Green Card holders.
- Unmarried sons or daughters (21 or older) of Green Card holders.

Key Considerations:

Spouses and children are given higher priority than adult unmarried children.
If your sponsor becomes a U.S. citizen during the process, your category may be upgraded, potentially speeding up the application.

Special Family Circumstances

Fiancé(e) of a U.S. Citizen:
- Individuals admitted on a K-1 visa who marry the U.S. citizen sponsor within 90 days of arrival.
- Unmarried children (K-2 visa holders) may also qualify.
Widows/Widowers of U.S. Citizens:
- Must prove the marriage was bona fide and existed at the time of the citizen’s death.
VAWA Self-Petitioners:
- Abused spouses, children (under 21 and unmarried), or parents of U.S. citizens or permanent residents.

2. Green Card Through Employment

Employment-based Green Cards cater to individuals with specific job offers, extraordinary skills, or investments in the U.S. economy.

Immigrant Worker Categories

First Preference (EB-1):
- Extraordinary Ability: In sciences, arts, education, business, or athletics.
- Outstanding Professors or Researchers: With international recognition.
- Multinational Executives or Managers: Meeting specific criteria.
Second Preference (EB-2):
- Professionals with Advanced Degrees or equivalent qualifications.
- Individuals with Exceptional Ability in arts, sciences, or business.
- Applicants seeking a National Interest Waiver (e.g., those contributing to areas like healthcare or technology in underserved U.S. regions).
Third Preference (EB-3):
- Skilled Workers: Jobs requiring at least two years of training or experience.
- Professionals: Jobs requiring a bachelor’s degree.
- Unskilled Workers: Labor requiring less than two years of training or experience.

Special Employment Categories

Physicians: Eligible under the National Interest Waiver if they agree to work in underserved areas for a set period.
EB-4: Special workers (e.g., religious workers, media professionals).
Investors (EB-5): Must invest $800,000–$1,050,000 in a new U.S. enterprise, creating at least 10 full-time jobs.

Pro Tip: Employment-based applicants usually require a labor certification from the U.S. Department of Labor unless exempt under a waiver.

3. Green Card Through Refugee or Asylee Status

Refugees and asylees can apply for a Green Card after one year of residing in the U.S.

Who Qualifies?
- Refugees admitted through the U.S. Refugee Admissions Program.
- Asylees granted protection due to a well-founded fear of persecution in their home country.
Process for Family Members:
- Spouses and children can apply concurrently or follow later.

Insight: Refugees and asylees don’t need to file an immigrant petition (such as Form I-130 or I-140).

4. Green Card for Victims of Abuse or Crime

Victims of Abuse

VAWA Self-Petitioners:
- Abused spouses, children, or parents of U.S. citizens or Green Card holders.
Special Immigrant Juvenile (SIJ):
- Abused, abandoned, or neglected children needing protection from a juvenile court.

Victims of Crime

T Visa Holders: For human trafficking survivors.
U Visa Holders: For victims of serious crimes who assist law enforcement.

Pro Tip: Self-petitioners don’t need a sponsor, simplifying the process.

5. Green Card Through Other Programs

Diversity Immigrant Visa Program

A lottery system for individuals from countries with historically low immigration rates to the U.S. Annually grants up to 50,000 Green Cards.
Eligibility:
- Must meet education or work requirements.
- Selected applicants can bring eligible family members.

Country-Specific Programs

Cuban Adjustment Act: Cuban nationals and their immediate family members.
Liberian Refugee Immigration Fairness (LRIF): Liberians continuously present in the U.S. since November 20, 2014.
Haitian Refugee Immigrant Fairness Act (HRIFA): Eligible Haitian nationals and their family members.

6. Registry

Who Qualifies?
- Individuals who have resided in the U.S. continuously since before January 1, 1972.
Why Apply?
- No sponsorship needed; relies solely on proof of residency and good moral character.

Steps to Apply for a Green Card

Step 1: Who Qualifies for a Green Card?

As mentioned above, the U.S. offers several paths to permanent residency. Your eligibility depends on your relationship to a sponsor or specific immigrant category.

Visit the Green Card Eligibility Categories page to review all categories and specific requirements.

Once you have determined that you meet the requirements for one of the eligibility categories, then you are ready to move to Step 2.

Step 2: Understand the Petitioning Process

Most Green Card applicants require a petition filed by a sponsor. However, self-petitioning is available for certain categories, like VAWA or employment-based individuals of extraordinary ability.

Common Petition Forms

Here are the primary forms used for Green Card sponsorship:

Form I-130: Petition for Alien Relative (family-based Green Cards).
Form I-140: Immigrant Petition for Alien Worker (employment-based).
Form I-730: Refugee/Asylee Relative Petition.
Form I-589: Application for Asylum and Withholding of Removal.

Other Petition Forms

Form I-360: For Amerasians, widows/widowers, or certain special immigrants (e.g., religious workers).
Form I-526: For immigrant investors.
Form I-918: For U Visa holders.
Form I-929: For family members of U-1 nonimmigrants.

Refer to your eligibility category for the specific petition form needed.

Step 3: Decide Where You’ll Apply

Your application process depends on whether you’re inside or outside the U.S.

The two processes are:

1. Adjustment of Status (Inside the U.S.)

If you’re already in the U.S., you can adjust your status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

Steps:
1. Confirm your immigrant petition is approved, and a visa is available.
2. File Form I-485 or file it concurrently with your petition (if allowed).
3. Visit the Adjustment of Status page for details.

2. Consular Processing (Outside the U.S.)

If you’re outside the U.S., you’ll apply through consular processing via the Department of State.

Steps:
1. Wait for your petition to be approved.
2. Complete your DS-260 Immigrant Visa application and attend an interview at a U.S. consulate or embassy. Visit the Consular Processing page for more information.

Step 4: Complete the Green Card Application Process

General Steps for Most Applicants

File an Immigrant Petition:
- Most applicants will need a sponsor to file the appropriate petition on their behalf. The steps to apply for a Green Card will vary based on personal circumstances, so it’s important to find the right eligibility category and research the application process tailored to your situation.
- In self-petition cases, file the petition yourself.
Wait for Approval:
- USCIS must approve the petition before you can proceed, unless concurrent filing is permitted.
Check Visa Availability:
- A visa must be available for your category, based on the Visa Bulletin.
File Green Card Application:
- In the U.S.: File Form I-485 with USCIS.
- Outside the U.S.: File the DS-260 visa application with the U.S. Department of State.
Attend a Biometrics Appointment:
- Provide fingerprints, photographs, and a signature for background checks.
Go to an Interview:
- Attend a USCIS or consular interview to verify your eligibility.
Receive a Decision:
- USCIS or the consulate will notify you of your application’s approval or denial.

Step 5: While Your Green Card Application Is Pending

What to Do While Waiting

If your Form I-485 is pending, stay updated on your case and take necessary actions to avoid delays.

Tips for Managing Your Case:

Track Case Status:
- Create a Case Status Online account for updates.
- Receive notifications, including U.S. Postal Service (USPS) tracking numbers for mailed documents.
Update Your Address:
- Notify USCIS immediately of any address changes.
- Use the USPS ZIP Code Lookup tool to ensure proper formatting.
Monitor Mail Delivery:
- Enroll in USPS Informed Delivery to receive daily images of incoming mail and track packages.

Step 6: After Receiving Your Green Card

Once approved, you become a lawful permanent resident. Here’s what you should do next:

Responsibilities of Green Card Holders

Carry Your Green Card:
- Always have your card with you as proof of your status.
Renew Your Green Card:
- Most permanent resident cards are valid for 10 years. Renew before it expires using Form I-90. Maintaining a valid permanent resident card is crucial, and you should follow the application process to replace or renew it as needed.
Comply with U.S. Laws:
- Permanent residents must abide by all U.S. laws and file taxes annually.
Understand Travel Rules:
- Avoid extended absences from the U.S., which could jeopardize your residency.
Path to Citizenship:
- After meeting residency requirements, you may be eligible to apply for U.S. citizenship.

Common Challenges and How to Address Them

Lost or Delayed Documents

If your USPS tracking shows delivery but you haven’t received your Green Card:
- Contact your local post office immediately.
- Report the issue to USCIS and request a replacement if necessary.

Address Changes

Failing to update your address can lead to delays, lost documents, or additional fees if you need to reapply.

Special Categories and Considerations

Military Family Members

Parole in Place (PIP) allows undocumented spouses, parents, and children of U.S. military personnel to adjust their status without leaving the country.

Abuse Victims (VAWA)

Victims of domestic abuse can self-petition for a Green Card without notifying the abuser.

Crime and Trafficking Victims

U Visa Holders: Must have assisted law enforcement.
T Visa Holders: For trafficking victims who cooperate with investigations.

Tips for a Successful Application

Submit Accurate Documentation:
- Ensure all forms are complete, signed, and up-to-date.
- Include certified translations for foreign-language documents.
Track Your Application:
- Use USCIS’s online tools to check your case status and processing times.
Prepare for the Interview:
- Bring originals and copies of required documents.
- Be ready to answer questions about your case.
Avoid Common Mistakes:
- Missing signatures or incomplete fields can delay processing.
- File forms at the correct location.
Consult Experts:
- Immigration attorneys or services like Boundless can help streamline the process.

Prepare Early:
- Ensure all forms are completed accurately and include supporting documentation.
Understand Fees:
- Filing fees vary. Check the USCIS Fee Schedule and apply for a fee waiver if eligible.
Stay Updated: Check USCIS processing times and visa bulletins regularly.
Avoid Errors: Incomplete forms or missing documents can delay or reject your application.
Prepare Thoroughly: Bring original documents and certified translations for interviews.

Consult Experts: Immigration attorneys or services like Boundless can guide.

Adjustment of Status (AOS): Applying for a Green Card in the United States

Adjustment of Status (AOS) is the process that allows individuals already in the U.S. to apply for a Green Card without leaving the country. This eliminates the need to return to your home country for visa processing, making it a convenient pathway to permanent residency for eligible applicants.
This detailed guide breaks down the steps, requirements, and additional tips to ensure a smooth AOS application process.

What is Adjustment of Status?

Adjustment of Status is a pathway to becoming a lawful permanent resident (Green Card holder) for noncitizens present in the United States. It allows you to transition from your current immigration status (e.g., student, worker, asylee) to permanent residency without leaving the U.S. Laws regulating adjustment of status can be complex. Understanding the policy guidance on adjustment is crucial as you navigate this process.

If you are outside the U.S., the equivalent process is Consular Processing, where you apply for an immigrant visa at a U.S. embassy or consulate.

Step-by-Step Process for Adjustment of Status

1. Determine Your Eligibility

Your first step is to confirm that you qualify for a Green Card and Adjustment of Status under a specific eligibility category. U.S. immigration laws provide a variety of paths, including family-based, employment-based, humanitarian, and other categories.

Eligibility Categories Include:
- Immediate relatives of U.S. citizens.
- Family preference categories (e.g., siblings, adult children).
- Employment-based categories (e.g., skilled workers, professionals, extraordinary ability).
- Refugees, asylees, and victims of abuse or crime.
- Special categories such as investors, religious workers, and SIJ (Special Immigrant Juveniles).
How to Verify Your Eligibility: Visit the USCIS Green Card Eligibility Categories page and review the detailed requirements for your category.

Note: Some categories, like the Cuban Adjustment Act, may allow you to file without a sponsor or prior petition.

2. File an Immigrant Petition (if required)

Most Adjustment of Status cases require an approved immigrant petition before filing Form I-485 (Application to Adjust Status). The immigrant petition serves as the foundation for your Green Card application.

Types of Immigrant Petitions

Family-Based:
- Form I-130: Filed by a U.S. citizen or Green Card holder sponsoring a family member.
Employment-Based:
- Form I-140: Filed by a U.S. employer or by self-petitioners with extraordinary abilities.
Humanitarian Cases:
- Form I-360: Used by VAWA applicants, special immigrants, or religious workers.
- Form I-730: For asylees or refugees filing for family members.
Other Categories:
- Form I-918: U Visa (crime victims) petitions.
- Form I-526: For EB-5 investors.

Concurrent Filing

In many cases, you can file Form I-485 at the same time as the immigrant petition if the visa is immediately available. This is called “concurrent filing.”
Example: Immediate relatives of U.S. citizens can typically file concurrently because visas are always available in this category.

What is Concurrent Filing?

Concurrent filing allows individuals to file Form I-485 (adjustment of status) at the same time as the immigrant petition (e.g., Form I-130 or Form I-140) or while the immigrant petition is still pending.

Both applications are processed simultaneously, reducing the overall wait time.
USCIS will first determine the eligibility of the immigrant petition and then process the adjustment application if a visa is available and Form I-485 is complete.

Who is Eligible for Concurrent Filing?

Concurrent filing is available for specific categories of individuals who meet eligibility requirements and are physically present in the United States.

Eligible Categories for Concurrent Filing

Immediate Relatives of U.S. Citizens
- Spouses, unmarried children under 21, and parents of U.S. citizens.
- Why They Qualify: There are no visa limits for immediate relatives, so a visa is always considered available.
Family Preference Relatives
- Includes adult children and siblings of U.S. citizens, as well as family members of lawful permanent residents.
- Requirement: A visa number must be available at the time of filing (refer to the Visa Bulletin).
Widow(er)s of U.S. Citizens
- Eligible widow(er)s of U.S. citizens may file concurrently for adjustment of status and self-petition.
Employment-Based Applicants
- Most employment-based categories (e.g., EB-1, EB-2, EB-3) are eligible for concurrent filing if a visa number is immediately available.
- Eligible family members (spouse and children) may also file concurrently.
Special Immigrant Categories
- Special Immigrant Juveniles (SIJs): Eligible if an EB-4 visa number is available.
- VAWA Applicants (Self-Petitioning Battered Spouse or Child): If the abusive relative is a U.S. citizen or if a visa number is available for other cases.
- Certain Armed Forces Members: Applicants under INA Section 101(a)(27)(K).
- Special Immigrant International Organization Employees or Family Members.

Ineligible Categories

Consular Processing Cases:
- Concurrent filing is not available for individuals applying through consular processing (i.e., those outside the U.S.).
Visa Backlogs:
- If a visa number is not immediately available, Form I-485 cannot be filed concurrently.

Visa Availability for Concurrent Filing

What is Visa Availability?

Visa availability determines whether you can file your adjustment of status application. It depends on:

Visa Caps: Numerical limits for family- and employment-based categories.
Priority Dates: The date the immigrant petition was filed, which establishes your place in the visa queue.

How to Check Visa Availability

Immediate Relatives of U.S. Citizens: Always eligible for concurrent filing because there are no visa caps for this category.
Other Categories: Check the Visa Bulletin issued monthly by the Department of State.
Locate your priority date and category in the bulletin.
Confirm that your date is current or earlier than the listed cut-off date for your category.

Important Note: Filing without visa availability may result in rejection of your Form I-485.

3. USCIS Processing

Once submitted, USCIS will:

Adjudicate the Immigrant Petition:
- This determines your eligibility for the immigrant visa.
- If denied, the adjustment of status application will also be denied.
Process Form I-485: If the immigrant petition is approved and the application is complete, USCIS will proceed with the adjustment of status review.

Step 4: Attend a Biometrics Appointment

USCIS will schedule a biometrics appointment to collect your fingerprints, photo, and signature for background checks.
Missing this appointment may delay or result in denial of your application.

Step 5: Interview (If Required)

Some cases require an in-person interview to verify the information in your applications.
Bring originals of all supporting documents, including:
Passport, I-94, birth certificate, and marriage certificate (if applicable).
Additional evidence to support the immigrant petition.

Respond to Requests for Evidence (RFE)

If USCIS finds missing or insufficient evidence in your application, they will send you a Request for Evidence (RFE).
How to Handle an RFE:
- Carefully review the request and provide the exact evidence USCIS asks for.
- Submit the evidence by the specified deadline to avoid denial.

Step 6: Receive USCIS Decisions

USCIS will issue separate decisions for the immigrant petition and Form I-485:
- If the immigrant petition is approved and Form I-485 is complete, USCIS will approve the adjustment of status.
- If the immigrant petition is denied, Form I-485 will also be denied.
If Denied:
- You will receive a denial notice with the reasons for rejection and instructions on whether you can file a motion to reopen or reconsider.

Advantages of Concurrent Filing

Time-Saving: Both applications are processed together, reducing overall wait times.
Efficient: No need to wait for petition approval before starting the adjustment process.
Simplified Process: One filing location, one package, and fewer steps.

Common Issues and How to Avoid Them

Filing Without Visa Availability:
- Confirm that a visa number is available before submitting your application (unless you are an immediate relative of a U.S. citizen).
Incomplete Documentation:
- Submit all required evidence for both the immigrant petition and Form I-485 to avoid delays or RFEs.
Filing at the Wrong Location:
- Double-check the USCIS direct filing addresses for your forms.

Additional Considerations

Change of Address

If you move during the AOS process, update USCIS within 10 days using Form AR-11 or the USCIS online system.

Tips for Success

Double-Check Your Application: Avoid errors and missing documents.
Stay Organized: Keep copies of all forms and evidence.
Be Proactive: Monitor processing times and Visa Bulletin updates.
Seek Legal Advice: Consider consulting an immigration attorney for complex cases.

What to Do While Your Green Card Application Is Pending with USCIS

If you’ve submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is under review, it’s essential to stay informed and proactive. This guide covers key steps to manage your application, track its status, and avoid unnecessary delays.

1. Update Your Address with USCIS

Why It’s Important

If you move, you must update your address with USCIS within 10 days to ensure you receive important notices about your case. Failing to do so can lead to missed notifications or delays in your application process.

How to Update Your Address

Visit the Change of Address Information page on the USCIS website.
Note: Changing your address with USPS does not update your address with USCIS.

Tips for Address Updates

Use the USPS ZIP Code Lookup tool to ensure you provide your full address in the correct format.
Double-check that your new address matches the one on your Form I-485 and any associated applications.

2. Monitor Case Processing Times

Why Check Processing Times?

Each USCIS office has different timelines for processing Form I-485. Knowing the average wait time for your location can help you manage expectations and identify delays.

Where to Check Processing Times

Visit the USCIS Processing Time Information page.
For employment-based Green Cards:
- Review the Employment-Based Form I-485 Inventory for additional insights.

3. Track Your Case Status

Ways to Stay Updated

Online Tracking:
- Use the Case Status Online tool.
- Enter your Form I-485 receipt number to get real-time updates.
Inquire About Delays:
- If your case exceeds normal processing times, submit an online case inquiry.
Contact USCIS:
- Call the USCIS Contact Center at 800-375-5283.
- For people who are deaf or hard of hearing, use TTY 800-767-1833.

4. Traveling While Your Green Card Application Is Pending

Advance Parole Is Required

If you plan to leave the United States temporarily while your Form I-485 is pending:

Apply for advance parole by filing Form I-131, Application for Travel Document.
Without advance parole, leaving the U.S. is considered abandonment of your Form I-485 application.

Steps for Safe Travel

Review the instructions on Form I-131.
Apply for and wait for approval of your advance parole document before traveling.
Visit the Travel Documents page for more details.

5. Additional Tips While Your Case Is Pending

Stay Organized:
- Keep a record of all communications and receipts related to your application.
Respond Promptly:
- If USCIS requests additional evidence (RFE), submit it as soon as possible.
Avoid Gaps in Eligibility:
- Maintain your current visa or legal status while your application is pending.

Guide to Consular/Embassy Processing for a Green Card

If you are outside the United States and wish to become a lawful permanent resident (Green Card holder), Consular/Embassy Processing is the pathway to follow. This process involves applying for an immigrant visa at a U.S. consulate or embassy abroad after your petition has been approved. Once granted, the visa allows you to enter the U.S. and be admitted as a permanent resident.

This detailed guide breaks down the steps of consular processing, provides useful insights, and offers practical tips to help navigate the process effectively.

What is Consular Processing?

Consular Processing is the method by which individuals outside the U.S. apply for an immigrant visa to enter the country and become lawful permanent residents. It is one of two primary pathways to obtaining a Green Card, the other being Adjustment of Status, which is available to individuals already in the U.S.

Steps for Consular Processing

1. Determine Your Basis to Immigrate

To start, you must determine if you qualify for a Green Card under one of the many Green Card eligibility categories.

Common Categories Include:
- Family-Based: Relatives of U.S. citizens or Green Card holders.
- Employment-Based: Workers with job offers, extraordinary abilities, or significant investments.
- Humanitarian Cases: Refugees, asylees, and victims of abuse or trafficking.
- Special Categories: Including religious workers, Amerasians, or Diversity Visa lottery winners.
How to Confirm Your Eligibility:
- Visit the USCIS Green Card Eligibility Categories page.
- Understand the specific requirements for your category.

2. File the Immigrant Petition

For most categories, an immigrant petition must be filed and approved before you can apply for an immigrant visa. The petition serves as the foundation for your application.

Types of Immigrant Petitions

Family-Based Petitions:
- Form I-130: Filed by a U.S. citizen or Green Card holder for a qualifying family member.
Employment-Based Petitions:
- Form I-140: Filed by a U.S. employer or self-petitioned by individuals with extraordinary ability.
- Form I-526: Filed by investors under the EB-5 visa program.
Special Immigrant Categories:
- Form I-360: Used for religious workers, abused spouses under VAWA, and other special immigrants.
Humanitarian Programs:
- Many humanitarian categories do not require a petition but may have additional requirements.

Important Note: Always verify specific petition requirements with your U.S. consulate or embassy.

3. Wait for a Decision on Your Petition

Once the immigrant petition is submitted:

USCIS Decision: USCIS will notify the petitioner of approval or denial.
Denials: If denied, the notice will explain the reasons and whether an appeal is possible.
Approvals: The approved petition is sent to the National Visa Center (NVC) for further processing.

4. Work with the National Visa Center (NVC)

The NVCoversees the next steps, including collecting fees and documentation to prepare your case for the consular interview.

What to Expect from the NVC:

Notification of Visa Availability:
- The NVC will contact you and the petitioner when your visa category is current (based on the Visa Bulletin).
Pay Required Fees:
- Immigrant visa application fees (referred to as “fee bills”) must be paid online.
Submit Supporting Documentation:
- Civil documents (e.g., birth and marriage certificates).
- Affidavit of Support (Form I-864) for family-based cases.

Tip: Promptly respond to NVC requests to avoid delays in processing.

5. Attend the Consular Interview

Once your case is complete, the consulate or embassy will schedule an interview for you.

How to Prepare for the Interview:

Each US Embassy is unique. Check out the instructions for each embassy.

Required Documents:
- Appointment letter from the consulate.
- Passport valid for at least six months beyond your intended entry date.
- All civil and supporting documents submitted to the NVC.
- Completed Form DS-260 (Online Immigrant Visa Application).
- Medical examination results from an approved panel physician.
What Happens at the Interview:
- A consular officer will review your case and ask questions to verify your eligibility.
- If approved, your passport will be stamped with the immigrant visa, and you will receive a sealed Visa Packet.

6. Notify the NVC of Any Changes

You must inform the NVC of any changes in your situation, including:

Change of address.
Change in marital status (e.g., marriage or divorce).
Turning 21 years old (for child beneficiaries, as it may affect eligibility under the Child Status Protection Act (CSPA)).

How to Notify: Use the contact information provided on the Department of State’s NVC page.

7. Enter the United States with Your Immigrant Visa

After your visa is approved:

Do Not Open the Visa Packet: This packet must be presented unopened to the Customs and Border Protection (CBP) officer at your port of entry.
Pay the USCIS Immigrant Fee: This fee covers the cost of processing your visa and producing your Green Card. It is recommended to pay the fee online before traveling to the U.S.

What Happens at the Port of Entry:

A CBP officer will inspect your documents and verify your eligibility.
Once admitted, you officially become a lawful permanent resident.

8. Receive Your Green Card

After arriving in the U.S.:

Delivery Time: Your Green Card should arrivewithin 90 days if the USCIS Immigrant Fee is paid.
Missing Green Card: If you do not receive it within this timeframe, contact USCIS at 800-375-5283 or submit an inquiry online.

Reading a Permanent Resident Card

Modern green cards contain machine-readable information for identification purposes.

Card Features

Personal Data: Includes name, date of birth, country of origin, and gender.
Unique Identifiers:
- Alien number (A#).
- Receipt number.
Expiration Dates: Indicates when the card must be renewed.

Tips for Success in Consular Processing

Stay Organized: Keep copies of all forms, receipts, and communications.
Monitor Visa Bulletin: Check monthly updates to understand your visa category’s priority date.
Prepare for the Interview: Practice answering questions honestly and confidently.
Notify of Changes Promptly: Avoid delays by informing the NVC or consulate of any changes in your status.

Guide to Visa Availability and Priority Dates for U.S. Green Cards

Navigating the U.S. immigration process requires a clear understanding of visa availability and priority dates, which determine when you can apply for a Green Card (lawful permanent residency). This guide provides an in-depth explanation of these concepts, detailed steps for tracking your place in the visa queue, and actionable tips to manage common challenges like visa retrogression.

How Immigrant Visa Availability Works

The availability of immigrant visas is governed by the Immigration and Nationality Act (INA), which sets numerical limits on most visa categories. These limits determine how many individuals can be granted immigrant visas each fiscal year (October 1 to September 30).

Unlimited Visa Categories

Certain Green Card categories are exempt from numerical limits, meaning visas are always available for qualified applicants. These include:

Immediate Relatives of U.S. Citizens:
- Spouses of U.S. citizens.
- Unmarried children under 21 of U.S. citizens.
- Parents of U.S. citizens (if the U.S. citizen is at least 21 years old).
- Widows or widowers of U.S. citizens (if the U.S. citizen filed a petition before their death, or if the widow(er) files within two years of the citizen’s death).
Special Humanitarian Cases:
- Refugees and asylees adjusting to permanent resident status are generally not subject to numerical caps.

Limited Visa Categories

Visas in other categories are numerically capped, meaning they are subject to annual limits:

Family-Sponsored Preference Categories:
- Annual Limit: Approximately 226,000 visas.
- Subcategories: Includes adult children and siblings of U.S. citizens, and relatives of lawful permanent residents (e.g., spouses, unmarried children).
Employment-Based Preference Categories:
- Annual Limit: Approximately 140,000 visas.
- Subcategories: Includes skilled workers, professionals, extraordinary ability individuals, and investors.
Diversity Visa Program:
- Allocates up to 55,000 visas annually to individuals from countries with historically low rates of immigration to the U.S.

Country-Specific Limits

The INA also imposes per-country caps, limiting the number of visas any single country can receive to approximately 7% of the total annual visas. This can create additional wait times for applicants from high-demand countries like India, China, Mexico, and the Philippines.

What Are Priority Dates?

A priority date is the date your immigrant petition (e.g., Form I-130, Form I-140) is filed with USCIS. It establishes your place in the visa queue for limited categories. When your priority date becomes “current,” a visa is available, and you can proceed with your Green Card application.

How Priority Dates Are Assigned

Family-Based Cases: The priority date is the date USCIS receives Form I-130 or Form I-360.
Employment-Based Cases:
- With Labor Certification: The priority date is the date the Department of Labor (DOL) accepts your labor certification application.
- Without Labor Certification: The priority date is the date USCIS receives Form I-140 or Form I-526 (for investors).

Why Priority Dates Matter

Your priority date determines when you can take the next steps in the Green Card process:

File Form I-485 (Adjustment of Status) if you are in the U.S.
Apply for an immigrant visa through consular processing if you are abroad.

Tracking Visa Availability: The Visa Bulletin

The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on visa availability for family- and employment-based categories. It contains two key charts:

Application Final Action Dates Chart (Chart A)
- Indicates when visas can be issued for adjustment of status or consular processing.
- If your priority date is earlier than the date in this chart, a visa is available for your category.
Dates for Filing Applications Chart (Chart B)
- Specifies when applicants can file their adjustment of status or visa application paperwork.
- This chart is used when more visas are available than applicants in the queue.

How to Use the Visa Bulletin

Locate your preference category (e.g., F1, EB-2).
Find the row for your country of chargeability (usually your country of birth).
Compare your priority date to the dates listed:
- If your priority date is earlier than the listed date, you can proceed.
- If your category is marked as “C” (current), visas are immediately available.
- If marked as “U” (unavailable), no visas are available for that category.

Where to Find the Visa Bulletin

The Visa Bulletin is published on the U.S. Department of State website.

Visa Retrogression: When Priority Dates Move Backward

Sometimes, a priority date that is current one month becomes unavailable the next. This phenomenon, called visa retrogression, occurs when demand exceeds the available visas in a particular category or country.

Why Retrogression Happens

Annual visa limits for the category or country have been exhausted.
USCIS or DOS adjusts visa allocation due to unexpected demand.

What to Do During Retrogression

If You Filed Form I-485: Your application will remain pending until your priority date becomes current again.
If You Have Not Filed: Monitor the Visa Bulletin and prepare your documentation so you can act quickly when the date moves forward.

Key Tips for Managing Visa Availability and Priority Dates

Monitor the Visa Bulletin Monthly:
- Priority dates can change frequently. Stay updated to avoid missing filing opportunities.
Keep Records Organized:
- Maintain copies of your immigrant petition receipt notice (Form I-797) and supporting documentation.
Prepare for Retrogression:
- If your priority date becomes unavailable, ensure your case is ready to file or proceed as soon as it becomes current again.
Seek Professional Guidance:
- Consult an immigration attorney if your case involves complex priority date issues, retrogression, or unique circumstances.

Guide to Completing the Immigration Medical Examination for Form I-485

Filing Form I-485, Application to Register Permanent Residence or Adjust Status, often requires undergoing an immigration medical examination and obtaining vaccinations for vaccine-preventable diseases. This guide simplifies the process and provides essential tips to help you navigate each step efficiently.

Step 1: Finding a Medical Doctor (Civil Surgeon)

What is a Civil Surgeon?

A civil surgeon is a doctor designated by USCIS to perform immigration medical examinations within the United States.

How to Find a Civil Surgeon:

Visit the my USCIS Find a Civil Surgeon page for a list of authorized physicians near you.
Call the USCIS Contact Center at 800-375-5283 for assistance.
- For individuals who are deaf, hard of hearing, or have a speech disability: Use TTY at 800-767-1833.

For Applicants Outside the U.S.:

If you’re applying for an immigrant visa through consular processing with the Department of State (DOS), you must visit a panel physician located abroad. These physicians are specially authorized to perform immigration medical exams for overseas applicants.

Step 2: Understanding Medical Examination Fees

The costs of an immigration medical examination vary and are not regulated by USCIS. Here’s how to manage expenses:

Key Points About Fees:

Rates vary significantly by civil surgeon.
Insurance acceptance:
- Many civil surgeons do not accept insurance for these exams.
- Even when insurance is accepted, it may not cover all parts of the examination.

Cost-Saving Tips:

Shop Around: Call multiple civil surgeons in your area to compare rates.
Ask Questions:
- Does the doctor accept insurance?
- What services and vaccinations are included in the fee?
Estimate Costs: Visit the Centers for Medicare & Medicaid Services’ Cost Estimation page to understand potential expenses.

Step 3: Preparing for the Medical Examination

Proper preparation ensures a smoother process. Follow these steps:

Bring Necessary Forms and Records:

Form I-693:
- Download and print the latest version of Form I-693, Report of Medical Examination and Vaccination Record.
- Complete Part 1 but do not sign the form until instructed by the civil surgeon.
Medical Records:
- Include any vaccination records, past medical history, or current treatments.
- If possible, obtain translated copies of records if they are not in English.

During the Appointment:

The civil surgeon will:
- Review your medical and vaccination history.
- Conduct the required medical tests.
- Record findings on Form I-693.

Step 4: Submitting Form I-693

After the exam, the civil surgeon will:

Complete and sign Form I-693.
Seal the form and supporting documents in an envelope.

Important:

Do not open or alter the sealed envelope.
Submit the sealed envelope to USCIS according to the instructions in your Form I-693 packet.

USCIS will reject forms that:

Are not sealed.
Show signs of tampering or alterations.

Step 5: Civil Surgeons’ Responsibilities

Civil surgeons have specific responsibilities, including:

Following USCIS protocols for medical exams.
Accurately completing all sections of Form I-693.
Administering necessary vaccinations or confirming exemptions if applicable.

For detailed requirements and guidelines for civil surgeons, visit the Designated Civil Surgeons page on USCIS.

Additional Tips for a Smooth Process

Schedule Early: Medical examinations can take time, especially if additional vaccinations or tests are required.
Follow Up: Confirm with your civil surgeon that all documents are complete and accurate before leaving the office.
Keep Copies: Retain a copy of all medical records and Form I-693 for your personal files.

Guide to the Affidavit of Support (Form I-864)

The Affidavit of Support (Form I-864) is a critical step in the immigration process. It serves as a contract where a sponsor agrees to provide financial support to an immigrant to ensure they do not become dependent on public benefits. This guide simplifies the process with clear explanations and actionable steps.

What Is an Affidavit of Support?

The Affidavit of Support is a legally enforceable document required under Section 213A of the Immigration and Nationality Act (INA). By signing this form:

The sponsor promises to support the immigrant financially.
The immigrant is guaranteed a means of support when they become a lawful permanent resident (green card holder).

This contract remains enforceable until:

The immigrant becomes a U.S. citizen.
The immigrant has worked 40 qualifying quarters (approximately 10 years) in the U.S.
The immigrant or sponsor dies.
The immigrant ceases to be a lawful permanent resident and leaves the U.S.

Who Must Submit an Affidavit of Support?

An Affidavit of Support is generally required for:

Immediate relatives of U.S. citizens, including:
- Spouses
- Parents
- Unmarried children under 21 (including adopted children).
Relatives under family-based preference categories, such as:
- First Preference: Unmarried adult sons/daughters of U.S. citizens (21 or older).
- Second Preference: Spouses and unmarried children of permanent residents.
- Third Preference: Married sons/daughters of U.S. citizens.
- Fourth Preference: Siblings of U.S. citizens.
Employment-based immigrants if:
- The petitioner is a U.S. citizen or permanent resident relative, or
- The petitioner owns 5% or more of the business sponsoring the immigrant.

When an Affidavit of Support Is NOT Required

You may be exempt if you:

Worked or are credited with 40 qualifying quarters of work in the U.S.
Are the child of a U.S. citizen and will automatically acquire citizenship.
Have an approved Form I-360 as:
- A widow(er) or special immigrant.
- A battered spouse or child.
Are an orphan adopted abroad with finalized adoption before acquiring permanent residence.

Responsibilities of a Sponsor

As a sponsor, you accept legal and financial responsibility for the immigrant. Key points:

You must ensure the immigrant has adequate financial support.
You may be required to repay means-tested public benefits (e.g., Medicaid or SNAP) received by the immigrant.
Divorce does not terminate sponsorship obligations.

If you fail to meet your responsibilities:

The agency providing benefits can sue you for reimbursement.
Joint sponsors and household members are also jointly and independently liable.

Income and Financial Requirements

Sponsors must prove their income is:

At least 125% of the federal poverty guidelines for their household size.
100% of the federal poverty guidelines if the sponsor is on active duty in the U.S. Armed Forces and sponsoring a spouse or child.

Meeting Income Requirements:

You can include the income of:
- Household members listed as dependents on your tax return.
- Sponsored immigrants if they are living with you.
If your income is insufficient:
- Use assets such as savings, property, or stocks. The value must be at least five times the income shortfall (three times for spouses and children of U.S. citizens).

Types of Sponsors

Primary Sponsor:

The petitioner (person filing the immigrant petition) must be the primary sponsor.
Must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the U.S.

Joint Sponsor:

If the primary sponsor cannot meet income requirements, a joint sponsor may assist.
Joint sponsors must meet all qualifications independently (e.g., income, domicile).

Substitute Sponsor:

If the original sponsor (petitioner) dies after petition approval, a substitute sponsor may file.
Eligible substitute sponsors include close relatives such as spouses, parents, or siblings.

Filing Form I-864

Follow these steps to complete and submit the form:

1. Preparation:

Collect the following:
- Your most recent federal income tax return.
- Proof of current income (e.g., pay stubs, bank statements).
- Evidence of assets (if needed).

2. Completing the Form:

Download the latest version of Form I-864.
Fill out all sections accurately.
Joint sponsors must file a separate Form I-864.
Household members contributing income must file Form I-864A.

3. Submission:

Provide the completed form and supporting documents to the immigrant for submission with their visa or adjustment of status application.
Follow specific instructions if submitting directly to the National Visa Center (NVC).

Penalties for False Information

Falsifying information or concealing material facts can result in:
- Denial of immigration benefits.
- Criminal prosecution, fines, or imprisonment.
Failure to notify USCIS of a change of address can result in fines of up to $5,000.

Affidavit of Support for “K” Nonimmigrants

If sponsoring a K-1 fiancé(e), K-3 spouse, or their children, you do not need to file Form I-864 until they adjust status to permanent residency after arriving in the U.S.

Change of Address Requirements

Sponsors must file Form I-865 within 30 days of moving. Failure to do so can result in penalties, especially if the sponsored immigrant is receiving public benefits.

Resources and Forms

Form I-864: Affidavit of Support
Form I-864A: For household members sharing financial responsibility.
Form I-864EZ: Simplified version for certain sponsors.
Form I-864P: HHS Poverty Guidelines.

Understanding the Public Charge Rule

The Public Charge Rule affects individuals applying for adjustment of status to become lawful permanent residents (green card holders). It determines whether an applicant is likely to become primarily dependent on the government for subsistence, making them inadmissible under immigration law. Below is a simplified and updated guide to the Public Charge Rule, incorporating the latest regulations and helpful insights.

What Is the Public Charge Rule?

The Public Charge Rule evaluates whether an immigrant is likely to rely on public benefits for financial support. If deemed likely to become a public charge, an applicant may be denied a green card or certain types of visas. This determination is made based on several factors, including the applicant’s income, health, age, education, and family size.

Key Updates: December 2022 Rule

On December 23, 2022, the Department of Homeland Security (DHS) implemented a final rule on the Public Charge Ground of Inadmissibility. This rule restores a fair and consistent framework similar to the 1999 Interim Field Guidance, replacing the controversial 2019 rule, which was rescinded in March 2021.

What Does This Mean for Applicants?

The final rule applies to adjustment of status applications submitted on or after December 23, 2022.
It provides clear guidelines on how DHS assesses public charge inadmissibility, ensuring transparency and fairness.
A Policy Manual update was published on December 19, 2022, offering detailed guidance for USCIS officers and applicants.

Who Is Affected by the Public Charge Rule?

The Public Charge Rule applies primarily to individuals applying for:

Adjustment of status (green card applicants within the U.S.).
Certain types of visas (e.g., family-based immigrant visas).

Who Is Exempt?

The rule does not apply to:

Refugees and asylum seekers.
Individuals applying for U or T visas (victims of crime or human trafficking).
VAWA petitioners (Violence Against Women Act).
Afghan and Iraqi interpreters and other special immigrants.
Certain individuals granted Temporary Protected Status (TPS).

Factors Considered in the Public Charge Determination

USCIS evaluates an applicant’s likelihood of becoming a public charge based on a totality of circumstances approach. This includes:

Financial Resources:
- Current income and assets.
- Whether the household income is at least 125% of the federal poverty guidelines.
Employment:
- Whether the applicant is currently employed or has a history of stable employment.
- Prospects for future employment based on skills, education, and job market conditions.
Health:
- Whether the applicant has a medical condition that could affect their ability to work or require extensive medical care.
- Availability of health insurance or resources to cover medical expenses.
Education and Skills:
- Level of education and vocational training.
- Proficiency in English or other relevant languages for the U.S. labor market.
Family Size:
- Larger family sizes may indicate a higher likelihood of needing public benefits.

Public Benefits Considered

Under the December 2022 rule, only cash assistance for income maintenance and institutionalization at government expense are considered in the public charge determination. Examples include:

Supplemental Security Income (SSI).
Temporary Assistance for Needy Families (TANF).
Government-funded long-term institutional care.

Benefits NOT Considered:

Non-cash benefits such as:
- Medicaid (except for long-term institutional care).
- SNAP (food stamps).
- Housing assistance.
- COVID-19-related assistance or vaccines.
- Emergency disaster relief.

Submitting Adjustment of Status Applications

Key Dates:

The final rule applies to adjustment of status applications postmarked or electronically filed on or after December 23, 2022.

What to Include:

Form I-485, Application to Register Permanent Residence or Adjust Status.
Evidence of:
- Financial resources (e.g., tax returns, pay stubs, bank statements).
- Employment and education history.
- Health insurance coverage (if applicable).

Policy Manual Update: The USCIS Policy Manual now includes updated instructions for officers and applicants to ensure consistent application of the rule.

How USCIS Evaluates Public Charge

USCIS uses a weighted system to assess positive and negative factors:

Positive factors: High income, stable employment, good health, and strong educational background.
Negative factors: Reliance on public benefits, lack of income, significant health issues, or limited work prospects.

Applicants can offset negative factors with positive ones, as the assessment considers the totality of circumstances.

How to Prepare a Strong Application

To strengthen your case:

Provide complete and accurate documentation.
Highlight positive factors, such as employment history or financial stability.
Address any potential negative factors, such as providing proof of available resources for medical conditions.

Accessing Resources

For more information:

Visit the Public Charge Resources page for details and updates.
Refer to the Policy Manual for in-depth guidelines.

Understanding the Child Status Protection Act (CSPA)

The Child Status Protection Act (CSPA) was enacted on August 6, 2002, to address issues where children applying for green cards “age out” by turning 21 before their application is processed. By freezing or adjusting the applicant’s age for immigration purposes, the CSPA ensures many applicants can still qualify as “children” and remain eligible for family or employment-based immigration benefits.

Below is a detailed, easy-to-follow guide to understanding the CSPA, who qualifies, and how it works.

What Is the Child Status Protection Act (CSPA)?

Key Purpose

The CSPA helps applicants avoid losing their eligibility as a “child” (unmarried and under 21) due to long processing times for immigration petitions.

How It Works

The CSPA does not change the definition of a child but provides a method for calculating an adjusted age known as the “CSPA age.” This calculated age determines if the applicant can still qualify as a child, even if they turn 21 during the immigration process.

Who Qualifies for CSPA Protection?

CSPA applies to specific categories of applicants, including:

Immediate relatives, such as children of U.S. citizens or derivatives of widow(er)s.
Family-sponsored preference applicants and their derivatives.
Employment-based preference derivatives.
Diversity Visa (DV) derivatives.
Derivative refugees and asylees.
VAWA self-petitioners and their derivatives.

To qualify:

The applicant must have a qualifying petition or application filed on or after August 6, 2002.
The petition must be pending or approved, and the applicant’s CSPA age must fall under 21.

How CSPA Applies to Different Categories

1. Immediate Relatives

Age is frozen on the date the Form I-130 or Form I-360 is filed.
Must remain unmarried to qualify.
If the petitioner dies, the petition converts to a widow(er)’s Form I-360, and derivative children are protected under CSPA if under 21 when the petition was filed.

2. Family and Employment Preference and Diversity Visa Applicants

CSPA age is calculated using the formula:

Age at Time of Visa Availability – Pending Time = CSPA Age

Example:

A petition was filed on February 1, 2016, and approved on August 1, 2016.
The visa becomes available when the applicant is 21 years and 4 months old.
Pending time = 6 months (February to August 2016).
CSPA Age = 21 years and 4 months – 6 months = 20 years and 10 months.

The applicant qualifies as a child under CSPA.

Key Terms:

Visa Availability: Determined by either the petition approval date or the first date listed in the Visa Bulletin when filing is allowed.
Pending Time: The duration between the petition filing and its approval.

3. Derivative Refugees and Asylees

Refugees: Age is frozen on the date of the Form I-590 interview for the principal refugee.
Asylees: Age is frozen on the date Form I-589 was filed by the principal asylee.

Unique Requirements:

Refugees do not need to remain unmarried to qualify for a green card under INA Section 209.
Asylees must remain unmarried to qualify for both derivative asylum and a green card.

Steps to Calculate CSPA Age

Determine the age at the time of visa availability:
- The later of the petition approval date or the visa priority date in the Visa Bulletin.
Subtract the pending time:
- Pending time = Approval Date – Filing Date.
Evaluate if the resulting CSPA age is under 21.

Meeting the Sought-to-Acquire Requirement

To benefit from CSPA, eligible applicants must take action within 1 year of the visa becoming available. Actions include:

Filing Form I-485 for adjustment of status.
Submitting a completed Form DS-260.
Paying immigrant visa fees.
Filing Form I-824 for certain actions.

If the applicant misses this timeline, USCIS may excuse delays caused by extraordinary circumstances, such as natural disasters or medical emergencies.

Special Cases

Naturalization of Petitioner

If a lawful permanent resident (LPR) petitioner becomes a U.S. citizen:
- Child under F2A (second preference) converts to immediate relative, freezing their age on the naturalization date.
- Unmarried sons or daughters under F2B convert to F1 (first preference) but can request to remain under F2B if the waiting period is shorter.

K-2 and K-4 Nonimmigrants

K-2 (children of K-1 fiancé(e)s):
- Eligible for green cards as long as they were under 21 at admission, even without CSPA protection.
- If a Form I-130 is filed by the stepparent, CSPA applies, freezing age on the petition filing date.
K-4 (children of K-3 spouses):
- Protected under CSPA when applying as an immediate relative using Form I-130.

Filing a Motion to Reopen Under Updated Policy

If your adjustment application was denied due to aging out, but you believe your CSPA age is under 21 under the updated policy:

File Form I-290B (Notice of Appeal or Motion).
Include documentation to support the CSPA age calculation.
Submit within 30 days of the decision or provide a valid explanation for delays beyond this period.

Legal References and Resources

For immediate relatives, see INA 201(f).
For family/employment preference and diversity visa cases, see INA 203(h).
For refugee and asylee adjustments, see INA 207(c)(2)(B) and INA 208(b)(3)(B).
Detailed guidance: USCIS Policy Manual, Volume 7.

Transfer of Underlying Basis for Form I-485: A Step-by-Step Guide

If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, you may request to transfer its underlying basis to a different employment-based immigrant category based on a new or previously approved Form I-140, Immigrant Petition for Alien Workers. Below is a simple and detailed guide to help you understand and navigate this process.

What Is a Transfer of Underlying Basis?

A transfer of underlying basis allows applicants to use a different Form I-140 as the foundation for their pending Form I-485. This might be necessary if you qualify for a faster or more advantageous immigrant visa category, or if your eligibility circumstances change.

Eligibility Criteria

USCIS may approve your transfer request if you meet the following conditions:

You have maintained eligibility for adjustment of status.
Your Form I-485 is still pending (not approved or denied).
You meet the requirements of the new immigrant category.
A visa is immediately available under the new category.

How to Request a Transfer

Step 1: Submit a Written Request

Write a clear and concise letter requesting the transfer.
Include sufficient information to identify:
- Your pending Form I-485 (receipt number or A-number).
- The Form I-140 you want to use as the new basis for your adjustment application.

Step 2: Include Supplement J (if required)

The Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) confirms the validity of the job offer in your Form I-140.

When to include Supplement J:
- If transferring to a previously approved Form I-140, attach a completed Supplement J.
- If the Form I-140 is still pending, Supplement J is not required.
- If transferring to a new Form I-140 and eligible for concurrent filing, include a signed letter with the new Form I-140 but no Supplement J.

Step 3: Assemble Supporting Documents

Required documents:
- Receipt notice for your pending Form I-485.
- Evidence of eligibility for the new immigrant category.

Any other supporting documents requested by USCIS.

Where to Send Your Request

The mailing address depends on the type of transfer and whether Supplement J is included:

1. If Supplement J Is Included

Mail your transfer request and Supplement J to the centralized location:

For USPS:
- USCIS
- Attn: Supp J
- PO Box 660834
- Dallas, TX 75266-0834
For FedEx, UPS, or DHL:
- USCIS
- Attn: Supp J (Box 660834)
- 2501 S. State Hwy. 121 Business
- Suite 400
- Lewisville, TX 75067-8003

2. If No Supplement J Is Included

Send the request to the USCIS office handling your pending Form I-485. You can find this office by:

Referring to your receipt or transfer notices.
Contacting the USCIS Contact Center at 800-375-5283.

3. If a New Form I-140 Is Filed

Submit your transfer request along with the new Form I-140 to the normal filing location for Form I-140. Do not send it to the addresses above.

Key Notes and Best Practices

No New Filing Fee or I-485 Application Required:
- You do not need to file a new Form I-485 or pay an additional fee. Submitting a new adjustment application will not speed up processing.
Cover Sheet for New Form I-140:
- When filing a new Form I-140, include a cover sheet marked with “REQUEST FOR TRANSFER OF PENDING FORM I-485 [receipt number] TO ENCLOSED PETITION.”
No Written Confirmation of Transfer Requests:
- USCIS does not send formal responses to transfer requests. However, they will issue receipt notices for any Supplement J submitted.
Avoid Duplicate Requests:
- If you’ve already submitted a transfer request, do not file another. USCIS will process existing requests as usual.

Special Circumstances

Multiple Approved I-140 Petitions: If you have several approved Form I-140 petitions, you can request to transfer your I-485 to the one that benefits you most, provided eligibility requirements are met.
Pending Form I-140: You may request a transfer to a pending Form I-140 without submitting Supplement J.
Concurrent Filing: If eligible, you can concurrently file a new Form I-140 and request a transfer of your pending I-485.

When to Avoid Submitting a Transfer Request

Do not send a transfer request to the Supplement J address if:
- The request is unaccompanied by Supplement J.
- You are filing a new Form I-140 with the request.

Contacting USCIS

If you’re unsure about where to send your request or how to proceed, you can:

Review your receipt or transfer notices.
Contact the USCIS Contact Center at 800-375-5283.

Legal References and Additional Information

For more details:

Refer to the USCIS Policy Manual on transferring underlying basis for Form I-485.
Visit the USCIS Direct Filing Addresses for Form I-140 page for new petition submissions.

By carefully following these steps, you can ensure a smooth and efficient transfer process for your pending Form I-485.

Guide to Replacing Your Green Card Using Form I-90

Replacing a Green Card (Permanent Resident Card) is essential for lawful permanent residents who need a new card due to loss, expiration, or errors. This guide provides step-by-step instructions and tips to complete and file Form I-90 effectively.

1. Important Alerts

Current Edition Requirement
Ensure you use the latest edition of Form I-90. Check the Edition Date at the bottom of the form or the instructions page. Using an outdated version may result in rejection.
Automatic 36-Month Extension
Starting September 10, 2024, USCIS automatically extends Green Card validity by 36 months for applicants who file Form I-90 to renew expiring or expired cards. Receipt notices reflecting this extension will be sent to pending applicants.

2. Eligibility Check

Before filing Form I-90:

Do NOT use Form I-90 if you are a conditional resident seeking to remove conditions. Use:
- Form I-751: For marriage-based conditional residents.
- Form I-829: For investor-based conditional residents.
Use the Check Naturalization Eligibility Tool to explore whether you qualify for U.S. citizenship.

3. Filing Options

You can file Form I-90 either online or by mail.

a. Online Filing

Create a USCIS Online Account:
- Pay the filing fee.
- Track application status.
- Receive updates and manage contact details.
Benefits:
- View estimated case completion dates.
- Respond to Requests for Evidence (RFEs).
- Attorneys can manage multiple clients through a single account.

Note: Fee waiver applications cannot be filed online.

b. Filing by Mail

USPS Address:
USCIS
Attn: I-90
P.O. Box 21262
Phoenix, AZ 85036-1262
FedEx, UPS, or DHL Address:
USCIS
Attn: I-90 (Box 21262)
2108 E. Elliot Rd.
Tempe, AZ 85284-1806

Important: Incorrect filing locations may delay processing.

4. When to File

Renewal: File if your Green Card is valid for 10 years and:
- It has expired.
- It will expire within 6 months.
Age Requirement: File if you became a permanent resident before turning 14 and are now 14 years old.
No Expiration Date on Green Card: File to replace older cards without expiration dates, as these are no longer valid.

Conditional Residents: Do not use Form I-90. File Form I-751 or Form I-829 as applicable.

5. Filing Fees

Check the current fee on the USCIS Fee Schedule page.
Payment Methods:
- Online: Pay via credit/debit card.
- Mail: Use a money order, personal/cashier’s check, or Form G-1450 for credit card payments.
Fee Waivers: No filing fee is required if:
- Your card was mailed over 30 days ago, returned as undeliverable, and you haven’t changed your address.
- The card contains errors caused by USCIS.

6. Required Documentation

Depending on your situation, provide:

Lost/Stolen/Damaged Card:
- A copy of your Green Card or government-issued ID.
Never Received Card:
- Government-issued ID.
- Form I-797 (Notice of Action) for your approved application.
Incorrect Information (USCIS Error):
- Original Green Card with the error.
- Evidence of correct biographical data.
Biographical Changes (Your Request):
- Legal documents showing the change.
Expired or Expiring Card:
- A copy of your expired/expiring Green Card.

7. Filing Tips

Complete All Sections: Forms missing key fields (e.g., name, address, date of birth) will be rejected.
Sign Your Form: Unsigned applications are automatically rejected.
Translation Requirements: If submitting documents in a foreign language, include certified English translations.

8. Address Changes

Update your address via:
- USCIS Online Account, or
- Filing Form AR-11 (online or by mail).

9. Withdrawing an Application

Submit a written request to:

Texas Service Center
6046 N Belt Line Rd. STE 114
Irving, TX 75038-0015

Note: Filing fees are non-refundable.

Checklist

Before submitting Form I-90:

Confirm all form pages match the latest edition.
Attach all required evidence.
Double-check payment methods.
Include certified translations if applicable.

For further guidance, visit the USCIS Contact Center.

If Your Application Is Denied

What Happens If USCIS Denies Your Application?

You’ll receive a letter explaining the reason for denial.
Denials cannot be appealed, but you can file:
1. Motion to Reopen: Present new facts and supporting evidence.
2. Motion to Reconsider: Show that USCIS incorrectly applied immigration law or policy.

Visit the Appeals and Motions page for more details.

Previous Versions of Green Cards

If you have an outdated version of the Green Card (e.g., Form AR-3, AR-103, or I-151), you must replace it with a current version. Older cards are no longer valid as proof of lawful permanent resident status.

Legal Requirements for Carrying a Green Card

According to Section 264 of the Immigration and Nationality Act (INA):

Every permanent resident over 18 years old must carry their Green Card at all times.
Failure to comply is a misdemeanor offense.

Helpful Resources

Forms:
- Form I-90: Application to Replace Permanent Resident Card.
- Form I-751: Petition to Remove the Conditions on Residence.
- Form I-829: Petition by Entrepreneur to Remove Conditions.
Additional Information:
- Finding Legal Services: Get assistance with your application.
- Change of Address: Update your address with USCIS.
- How to Renew or Replace Your Green Card (PDF)
- Card Delivery Tracking.
- Online Filing Benefits.

Settling in the United States: A Detailed Guide for New Lawful Permanent Residents

Transitioning to life in the United States as a new lawful permanent resident (LPR) can be both exciting and challenging. To help you adapt to your new home, this comprehensive guide provides step-by-step advice on education, employment, finances, health care, safety, and community involvement. With detailed resources and tips, you’ll be better equipped to settle in and succeed.

Getting Started: Understanding the United States

Learn About U.S. History and Government

The first step in integrating into your new life is understanding the foundations of the U.S. Here’s what to explore:

U.S. History: Learn about the country’s founding, significant events, and cultural milestones.
Government Structure: Understand the three branches of government (executive, legislative, and judicial) and how they function at the federal, state, and local levels.
Rights and Responsibilities: Familiarize yourself with your basic rights, such as freedom of speech and religion, as well as responsibilities like paying taxes and obeying the law.

Resource: Download and read the “Welcome to the United States: A Guide for New Immigrants”, available in 14 languages, to gain a deeper understanding of U.S. civics and culture.

Education and Child Care: Building a Future

Education is a cornerstone of success in the U.S. Here’s how to navigate the system:

For Children

Public Schools: Free and mandatory for children aged 5 to 18. Schools are divided into elementary (K-5), middle (6-8), and high school (9-12).
Enrollment Process: Contact your local school district for required documents, including proof of residency and immunization records.
Special Education: Schools offer programs for children with disabilities or special needs.

For Adults

English as a Second Language (ESL): Community colleges and local organizations often provide affordable ESL classes.
Higher Education: Explore community colleges, universities, and trade schools. Many offer financial aid for those who qualify.
Vocational Training: Focused programs to gain skills in trades like plumbing, carpentry, or computer programming.

Child Care

Day Care Centers: Licensed facilities offering professional care for children.
Government Assistance: Programs like Head Start provide free early education for low-income families.

Employment: Finding and Securing a Job

Work Authorization

Before working, ensure your Employment Authorization Document (EAD) or Green Card permits you to work legally.

Steps to Find a Job

Prepare a Resume: Highlight your skills, education, and work experience.
Search for Jobs: Use websites like Indeed, LinkedIn, and Glassdoor. Visit local job centers for additional help.
Network: Attend career fairs, workshops, and community events to connect with potential employers.
Interview Tips: Research the company, dress professionally, and practice common interview questions.

Understand Your Workplace Rights

Minimum Wage: Know your state’s minimum wage laws.
Anti-Discrimination Laws: Employers cannot discriminate based on race, religion, gender, or immigration status.
Safety: The Occupational Safety and Health Administration (OSHA) ensures safe working conditions.

Money and Finance: Managing Your Finances

Financial literacy is crucial for stability and growth. Here’s what you need to know:

Banking

Open a Bank Account: Choose between a checking account for daily transactions and a savings account to grow your funds.
Documents Needed: Valid ID, Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN), and proof of address.

Credit

Build Credit: Use a secured credit card and pay your bills on time to establish a credit history.
Credit Scores: Essential for renting apartments, getting loans, and more.

Budgeting and Saving

Track Expenses: Use apps like Mint or YNAB to manage your finances.
Emergency Fund: Save three to six months’ worth of living expenses for unexpected situations.

Taxes

All residents are required to file taxes annually. Seek assistance from a tax preparer or free tax clinics.

Health Care: Accessing Medical Services

The U.S. health care system can be complicated, but understanding your options is key.

Health Insurance

Through Employers: Many jobs offer insurance as part of employee benefits.
Marketplace Plans: Visit HealthCare.gov for affordable insurance options.
Medicaid and CHIP: Programs for low-income families and children.

Finding a Doctor

Use your insurance provider’s network directory to find a primary care physician (PCP).
Schedule regular check-ups and preventive care.

Emergency Care

Dial 911 for emergencies requiring immediate medical attention.
Visit urgent care clinics for non-life-threatening issues.

Safety and Emergencies: Staying Prepared

Emergency Contacts

Dial 911 for police, fire, or medical emergencies.
Learn non-emergency numbers for your local police department.

Natural Disasters

Depending on your location, familiarize yourself with risks such as hurricanes, tornadoes, earthquakes, or wildfires. Create an emergency kit with:

Water and non-perishable food
Flashlights and batteries
Important documents

Personal Safety

Avoid sharing personal information with unknown individuals.
Lock your home and car doors, and stay aware of your surroundings.

Community Involvement: Becoming Part of Your New Home

Volunteer Opportunities

Volunteering is a great way to meet people and contribute to your community. Consider:

Assisting at food banks or shelters.
Joining environmental clean-up initiatives.
Mentoring youth or supporting educational programs.

Cultural Events

Participate in local festivals, parades, and community gatherings to celebrate diversity and connect with others.

Popular Topics for New Immigrants

Explore topics that matter most to new residents:

Public Transportation: Learn about buses, trains, and ride-sharing services in your area.
Legal Assistance: Seek help from non-profits or community organizations for legal matters.
Language Resources: Use language-learning apps like Duolingo or Rosetta Stone to improve your English.

Additional Resources for Immigrants

“Welcome to the United States” Guide: Download in your preferred language.
Community Support Groups: Many cities have organizations dedicated to helping immigrants adjust.
USCIS Resources: Visit the USCIS website for forms, updates, and important announcements.

Final Tips for Success

Be Patient: Adapting to a new culture takes time, so be kind to yourself.
Ask Questions: Seek advice from trusted sources or local organizations.
Stay Connected: Maintain relationships with friends and family, and build new ones in your community.

Welcome to the United States: A Guide for New Immigrants

USCIS Welcomes Refugees and Asylees Brochure

This brochure is currently available in the following languages. The information in the brochure will help refugees and asylees learn about getting settled in the United States and about the rights, responsibilities, and importance of U.S. citizenship.

RIGHTS AND RESPONSIBILITIES OF GREEN CARD HOLDERS

As a lawful permanent resident (LPR) of the United States, commonly referred to as a green card holder, individuals enjoy various rights, privileges, and responsibilities. Understanding these ensures compliance with U.S. laws and makes the most of permanent resident status.

The first three issues are very important:

Maintating Green Card Status
Understanding eligibilty for US citizenship (optional)
Carrying your green card

Maintaining Green Card Status

Residency Obligations

LPRs must reside in the U.S. for the majority of the time to maintain their status.
Prolonged absences (over 6 months) may require special documentation like a re-entry permit.

Good Moral Character

Maintaining good legal standing is critical. Criminal convictions, particularly serious crimes, may lead to removal or deportation.

Pathway to U.S. Citizenship

Continuous Residency
- Five years for most applicants.
- Reduced to three years if married to a U.S. citizen or one year for military service members.
Additional Requirements
- Good moral character.
- Passing an English and civics test.
- Demonstrating attachment to the U.S. Constitution.
Early Filing
- Applications can be submitted 90 days before meeting the residency requirement.

Legal Requirements for Carrying a Green Card

According to Section 264 of the Immigration and Nationality Act (INA):

Every permanent resident over 18 years old must carry their Green Card at all times.
Failure to comply is a misdemeanor offense.

Rights of a Lawful Permanent Resident

LPRs have specific rights under U.S. law, similar to those of U.S. citizens, with a few key distinctions. Here is a breakdown.

Key Rights

Reside Permanently in the U.S.
- LPRs can live anywhere in the U.S. as long as they do not engage in actions that make them removable under immigration laws.
Work in the United States
- LPRs can seek employment in most fields, except certain federal jobs or roles requiring U.S. citizenship.
Property Ownership
- They can buy, sell, or register property in their name.
Operate Businesses
- LPRs can start and manage businesses, enjoying the same opportunities as U.S. citizens.
Legal Protections
- Receive equal protection under U.S., state, and local laws.
Travel Rights
- Travel freely outside the U.S. for up to one year as a tourist without losing status (longer absences require additional documentation, like a re-entry permit). Consult an attorney if you engage in frequent travels.
Family Sponsorship
- Sponsor specific family members (spouse and unmarried children) to immigrate to the U.S.
Military Service
- Eligible to join and serve in the U.S. Armed Forces or certain law enforcement agencies.

Voting and Political Limitations

LPRs cannot:
- Vote in federal elections.
- Run for federal office.
They may vote in some local elections and hold local/state offices based on jurisdictional laws. Consult with an attorney.

Responsibilities of a Lawful Permanent Resident

LPRs are required to fulfill specific legal obligations to maintain their status.

Key Responsibilities

Obey U.S. Laws
- Must adhere to all federal, state, and local laws.
Tax Obligations
- File U.S. income tax returns annually and report worldwide income to the Internal Revenue Service (IRS) and state authorities.
Selective Service Registration
- Male LPRs aged 18–25 must register with the Selective Service System.
Maintain Residency
- LPRs must maintain their status by residing in the U.S. and avoiding actions that indicate abandonment of residency, such as prolonged absences without re-entry permits.

Conditional Permanent Residents (CPRs)

Some LPRs receive conditional permanent residency, typically based on recent marriage to a U.S. citizen or an investment.

Conditions of CPR Status

CPR status lasts two years and requires meeting specific conditions:
- Marriage-Based Residency: Prove the marriage was genuine and not fraudulent.
- Investor Residency: Demonstrate investment and job creation requirements were met.

Removing Conditions

File the appropriate petition 90 days before the two-year conditional status expires:
- Form I-751: Marriage-based residency.
- Form I-829: Investment-based residency.

Supporting Evidence

Provide documentation, such as:
- Birth certificates of children.
- Joint financial statements.
- Letters from employers, friends, or family.
A follow-up interview may be required to verify the legitimacy of the application.

Permanent Resident Status After Approval

Upon approval:
- CPR status is converted to permanent residency.
- A new green card, valid for 10 years, is issued.

Abandonment or Loss of Permanent Residency

LPR status can be lost voluntarily or involuntarily under certain conditions.

Voluntary Relinquishment

File Form I-407 to abandon status and return the green card at a U.S. embassy.

Involuntary Loss

Criminal Acts
- Certain crimes, such as aggravated felonies, make an LPR removable.
Abandonment of Residency
- Moving abroad permanently or prolonged absences without a re-entry permit.
Fraud
- Providing false information during the application process can lead to revocation.
Tax Noncompliance
- Failure to file taxes may result in losing status.

Consequences of Loss

Loss of status results in deportation.
Bans on re-entry range from 3 years to permanent exclusion, depending on the circumstances.

Green Card Renewal and Security Enhancements

Renewal
- Green cards must be renewed every 10 years using Form I-90.
- Conditional green cards require earlier renewal based on conditions.
New Security Features
- Cards issued after 2010 include RFID chips and other features to prevent fraud.
- Protective sleeves are provided but may require additional shielding.

Tax Implications of Green Card Relinquishment

Expatriation Tax
- Green card holders who relinquish their status after holding it for 8 of the last 15 years may be subject to a tax on unrealized global gains above $600,000.
- Applies to individuals:
  - With annual tax liabilities exceeding $139,000.
  - Worth more than $2 million.
  - Failing to certify IRS compliance.
Double Taxation
- LPRs living or working abroad are subject to U.S. taxation unless mitigated by foreign tax credits.

Key Considerations

Carry Your Green Card
- U.S. law requires LPRs over 18 years old to carry their green cards at all times.
Seek Legal Advice
- Consulting with an immigration attorney can simplify complex cases.
Stay Updated
- Immigration laws and policies frequently change; staying informed is crucial.

Early Beginnings of Green Card

Introduced as the “Alien Registration Receipt Card” under the Nationality Act of 1940.
Initially managed by the Immigration and Naturalization Service (INS), now part of USCIS.

Significant Legislation

Immigration and Nationality Act of 1952 (INA): Standardized immigration policies.
Illegal Immigration Reform and Immigrant Responsibility Act (1996): Strengthened enforcement mechanisms.

More Information

Forms

Other USCIS Links

Non-USCIS Links

IRS: Taxation of Resident Aliens

Understanding and adhering to these rights and responsibilities ensures that lawful permanent residents can maintain their status and make the most of their opportunities in the United States.

Visa-Free Travel for U.S. Permanent Residents

As a U.S. lawful permanent resident (green card holder), you may enjoy visa-free travel to several countries and territories for tourism purposes. While the privileges vary depending on the destination, this guide simplifies the process and highlights essential details for your travel plans.

Visa-Free Destinations for U.S. Permanent Residents

Countries Allowing Visa-Free Entry

While you should always contact the country’s embassy for verification, based on current information available, these countries allow visa-free access to U.S. green card holders for tourism within the specified time limits:

Albania
- Stay: Up to 90 days within a 180-day period.
Anguilla
- Stay: Up to 90 days.
Antigua and Barbuda
- Stay: Up to 30 days.
Bahamas
- Stay: Up to 30 days.
Bosnia and Herzegovina
- Stay: Up to 90 days within a 180-day period.
British Virgin Islands
- Stay: Up to 1 month.
Canada
- Stay: Up to 6 months without an Electronic Travel Authorization (eTA).
Cayman Islands
- Stay: Up to 30 days.
Costa Rica
- Stay: Up to 30 days.
Dominica
- Stay: Up to 6 months.
Dominican Republic
- Stay: Up to 30 days.
Dutch Caribbean (Aruba, Curaçao, Sint Maarten, Caribbean Netherlands)
- Stay: Up to 30 days.
Georgia
- Stay: Up to 90 days within a 180-day period.
Guatemala
- Stay: Up to 90 days.
Honduras
- Stay: Up to 90 days.
Jamaica
- Stay: Up to 90 days.
Kosovo
- Stay: Up to 15 days.
Mexico
- Stay: Up to 180 days.
Montenegro
- Stay: Up to 30 days.
Nicaragua
- Stay: Up to 3 months.
Panama
- Stay: Up to 90 days.
Serbia
- Stay: Up to 90 days.
Turks and Caicos Islands
- Stay: Up to 30 days.

Destinations with Conditional Visa-Free Access

Some countries require additional steps or conditions for U.S. permanent residents:

Belize
- Visa on arrival is available upon obtaining prior approval from Belizean Immigration.
- Fee: $50 USD (repatriation fee may also apply).
Bermuda
- Visa-free access, with no additional formalities mentioned.

Important Notes for Green Card Holders

General Guidelines

Travel Documents: Carry your valid U.S. green card and passport. Both are usually required for entry and re-entry into the U.S.
Purpose of Travel: Visa-free access typically applies to tourism. Business, work, or extended stays may require additional permits or visas.
Duration Limits: Overstaying the allowed period may result in fines, deportation, or restrictions on future visits.

Special Considerations

Additional Identification: Some countries may request proof of onward travel or accommodation reservations.
Vaccination Requirements: Ensure compliance with any COVID-19 or other vaccination protocols in your destination country.

Tips for Hassle-Free Visa-Free Travel

Check for Updates: Immigration policies change frequently. Verify visa-free travel eligibility before departure.
Emergency Funds: Some countries may require proof of sufficient financial means for the duration of your stay.
Stay Within Limits: Exceeding the permitted stay duration can lead to fines or denial of re-entry.
Re-entry to the U.S.: Confirm that your green card and passport meet the validity requirements for re-entering the United States.

By understanding the visa-free privileges available to U.S. permanent residents, you can explore new destinations with ease while adhering to each country’s specific entry requirements. Always check the latest regulations to ensure a smooth and enjoyable journey!

Must Green Card Holders Pay U.S. Taxes on Foreign Income?

Yes, green card holders (lawful permanent residents) must pay U.S. taxes on their worldwide income, even if they live or earn income abroad. This guide explains your responsibilities, reporting requirements, and the consequences of non-compliance while offering practical tips for staying compliant with U.S. tax laws.

Reporting Worldwide Income as a Green Card Holder

What Does Worldwide Income Mean?

In the U.S.: You must report income earned from jobs, investments, or businesses operating within the United States.
Outside the U.S.: Income earned abroad, including wages, rental income, or investment earnings, must also be reported.

Living Abroad with a Green Card

Green card holders living in another country are still considered U.S. tax residents.
Maintaining Green Card Status: To avoid being considered as having abandoned your residency, take steps like filing for a reentry permit if you are living abroad for extended periods.

Tax Credits and Treaties

Filing a U.S. tax return does not necessarily mean you’ll be taxed twice.
Tax Credits: You can often claim a tax credit for foreign taxes paid, reducing your U.S. tax liability.
Tax Treaties: The U.S. has treaties with several countries to regulate how income earned abroad is taxed. Check if your country of residence has a treaty with the U.S.

U.S. Tax Filing Requirements for Green Card Holders

Annual Tax Return
- File IRS Form 1040 by April 15th to report your income.
- Instructions and forms are available on the IRS website.
Days Spent in the U.S.
- Unlike nonimmigrants (temporary visa holders), green card holders must report their worldwide income regardless of the number of days spent in the U.S. during the year.

Reporting Foreign Assets as a Green Card Holder

Under the Foreign Account Tax Compliance Act (FATCA), green card holders with significant foreign financial assets have additional reporting responsibilities.

Key Reporting Requirements

Form 8938 (Statement of Foreign Financial Assets)
- File with your tax return if your foreign financial assets exceed:
  - $50,000 for single filers living in the U.S.
  - Higher thresholds for joint filers or those living abroad.
- Applies to assets held since March 18, 2010.
FBAR Reporting (FinCEN Form 114)
- Required if the total value of your foreign accounts exceeds $10,000 at any point during the tax year.
- The FBAR is filed separately from your tax return, and the deadline is April 15th, with a six-month automatic extension to October 15th.
Purpose of FATCA and FBAR
- These regulations aim to prevent tax evasion by uncovering undisclosed offshore accounts.

Consequences of Failing to Comply With U.S. Tax Laws

Failing to meet your tax obligations as a green card holder can have serious consequences, including financial penalties, immigration issues, and legal ramifications.

Penalties for Non-Compliance

Failure to File Taxes
- Can result in fines, interest, and even criminal charges in severe cases.
- FATCA penalties include:
  - Up to $10,000 for failure to report foreign assets.
  - Up to $50,000 for continued non-compliance after notification.
- The IRS may impose a 40% penalty on the understatement of tax related to unreported assets.
Immigration Consequences
- Non-compliance may be interpreted as an intention to abandon U.S. residency.
- Your green card could be revoked, and you could face deportation.
Impact on Citizenship
- Failure to file taxes can block your path to U.S. citizenship.
- Citizenship applications (Form N-400) require proof of tax compliance. Applicants who have not filed may need to pay back taxes and penalties to move forward.

Common Scenarios for New Immigrants

Working Abroad
- Income earned outside the U.S. is taxable. Double taxation can often be mitigated using foreign tax credits or tax treaties.
Foreign Accounts and Assets
- Ensure compliance with FBAR and Form 8938 requirements to avoid penalties.
Expatriation Tax
- If you relinquish your green card after holding it for 8 of the last 15 years, you may be subject to the expatriation tax. Green card holders who relinquish their status after holding it for 8 of the last 15 years may be subject to a tax on unrealized global gains above $600,000.
  - Applies to individuals:
    - With annual tax liabilities exceeding $139,000.
    - Worth more than $2 million.
    - Failing to certify IRS compliance.

Practical Steps to Stay Compliant

Understand Your Obligations
- Know that as a green card holder, you must report all income and applicable foreign assets, even if you live abroad.
Leverage Tax Credits
- Claim foreign tax credits (Form 1116) to avoid double taxation.
Stay Current with Reporting
- File Form 8938 and FBAR as required to report foreign accounts and assets.
Seek Professional Advice
- Consult a tax professional or attorney specializing in U.S. expat taxes to ensure compliance and minimize tax liability.

Additional Resources

IRS Website: Find detailed instructions, forms, and FAQs.
Tax Professionals: Work with accountants experienced in U.S. and international taxation.
Immigration Lawyers: Seek legal help if tax issues affect your residency or citizenship.

Understanding and adhering to U.S. tax laws is essential for green card holders, whether residing in the U.S. or abroad. Non-compliance can lead to severe consequences, but with the right guidance and tools, you can navigate your tax responsibilities effectively while safeguarding your immigration status.

Tips for Managing U.S. Tax Obligations

Stay Organized
- Keep records of all income sources, both domestic and international.
File on Time
- U.S. tax returns are typically due by April 15. Extensions are available but must be requested in advance.
Consult a Tax Professional
- Immigration and tax laws can be complex. Professional advice ensures compliance and optimal tax planning.
Use IRS Resources
- Leverage the free tools and publications provided by the IRS to simplify your tax filings.

IRS Assistance

Online Tools: The IRS website offers resources for various taxpayer needs.
Telephone Support: Contact numbers are available based on the type of assistance required.
Local Offices: Access international IRS offices for in-person help.

Navigating U.S. tax responsibilities as a new immigrant may seem overwhelming, but understanding these basic principles will help you comply with tax laws while avoiding unnecessary penalties. Stay informed, stay organized, and seek help when needed.

Contact a tax attorney or accountant for assistance.

U.S. Tax Implications for Green Card Holders Living Abroad

As a U.S. green card holder, whether you’re married to a U.S. citizen, worked in the U.S., or simply maintain permanent resident status, understanding your tax obligations is crucial—especially if you live abroad. This guide explains your responsibilities, potential consequences for non-compliance, and strategies to reduce your tax liability.

Do Green Card Holders Living Abroad Need to File U.S. Taxes?

Yes. Green card holders are treated as U.S. tax residents, meaning you must report your worldwide income to the IRS every year, regardless of where you live.

Form to File: Use IRS Form 1040 to report income.
Global Taxation: The U.S. and Eritrea are the only countries with citizenship-based taxation, requiring residents and citizens to report income earned anywhere in the world.
Foreign Bank Reporting: Under the Foreign Account Tax Compliance Act (FATCA), international banks report financial activities of U.S. citizens and green card holders to the IRS.

What Happens if My Green Card Expires?

An expired green card does not eliminate your tax responsibilities.

Still Obligated to File: You must continue filing U.S. taxes until you officially abandon your green card.
How to Abandon Status: File USCIS Form I-407 to relinquish your green card, either before or after leaving the U.S.
Exit Tax: If you’ve been a green card holder for 8 of the past 15 years, you may be subject to an exit tax on unrealized global gains exceeding $767,000 (adjusted annually).
- Green card holders of less than two years are generally exempt.

Consequences of Not Filing U.S. Taxes

Failing to meet your tax obligations can lead to serious repercussions:

Penalties and Fines
- Non-compliance can result in hefty penalties, accrued interest, and legal consequences.
Immigration Impacts
- Non-filing may prevent you from becoming a U.S. citizen or upgrading your visa status. Immigration authorities may require proof of consistent tax compliance.
Visa Revocation
- In extreme cases, failure to comply can lead to visa or green card revocation.

How to Reduce Tax Liability as a Green Card Holder Abroad

Green card holders who reside overseas can avoid double taxation by utilizing IRS programs designed for expatriates.

1. Foreign Tax Credit (FTC)

Claim tax credits for taxes paid to a foreign government.

Form to File: Use IRS Form 1116.
How It Works:
- If you paid $1,200 in taxes to Portugal and owe $2,000 to the IRS, you can claim the $1,200 as a credit, reducing your U.S. tax liability to $800.
Eligible Taxes: Only income taxes qualify. Non-eligible taxes include sales tax, Social Security tax, and real estate tax.

2. Foreign Earned Income Exclusion (FEIE)

Exclude a significant portion of your foreign-earned income from U.S. taxes.

Form to File: Use IRS Form 2555.
Exclusion Limit: Up to $112,000 of foreign income in 2022.
Qualification Tests:
- Bona Fide Residence Test: Demonstrate social and economic ties to a foreign country, such as proof of residency or a foreign address.
- Physical Presence Test: Spend at least 330 days in a foreign country during a 12-month period.

3. Foreign Housing Exclusion (FHE)

Deduct housing-related expenses from your U.S. taxable income.

Form to File: Use IRS Form 2555, similar to FEIE.
Eligible Expenses:
- Rent.
- Utilities.
- Residential parking.
- Occupancy taxes.
- Leasehold fees.

Do Green Card Holders Need to Report Foreign Accounts?

It depends on the total value of your foreign accounts during the tax year.

FBAR Reporting

Requirement: File FinCEN Form 114 if your foreign accounts collectively exceed $10,000 at any point during the year.
Exempt Accounts:
- Government entity accounts.
- Retirement accounts.
- U.S. military banking facility accounts.

Filing Deadlines

Standard Deadline: April 15.
Extension: Automatic 6-month extension to October 17 for expats.

Strategies to Stay Compliant and Reduce Stress

Stay Organized
- Keep detailed records of all income, foreign taxes paid, and foreign account balances.
File on Time
- Avoid penalties by adhering to deadlines for filing returns and FBAR reports.
Seek Professional Help
- Consider hiring a tax professional experienced in expat tax laws. Firms like Bright!Tax specialize in helping green card holders abroad remain compliant while reducing tax liability.
Understand Tax Treaties
- Some countries have agreements with the U.S. to prevent double taxation. Research treaties applicable to your country of residence.

More Info

Contact a Tax Attorney or Accountant for information.

Taxation of U.S. resident aliens and Publication 519, U.S. Tax Guide for Aliens.

Taxpayers living abroad and Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Schedule B

Report of Foreign Bank and Financial Accounts (FBAR).

Form 8938, Statement of Foreign Financial Assets.

Navigating U.S. tax obligations as a green card holder abroad can be overwhelming, but understanding the rules and leveraging available programs can simplify the process and minimize your liability. If you need assistance, seek professional help to ensure compliance while optimizing your tax outcomes.

Green Card Eligibility FAQs

General Eligibility

What is a green card?

A green card is an official document that grants a person lawful permanent resident status in the United States, allowing them to live and work permanently in the country.

Who is eligible for a green card?

Categories include family-based sponsorship, employment-based sponsorship, refugee/asylee status, diversity visa lottery winners, and other special immigrant categories.

Am I eligible for a green card through my family?

Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) are eligible. Other family categories include siblings of U.S. citizens and spouses/unmarried children of green card holders.

Can I get a green card through employment?

Yes, if you qualify under categories such as EB-1 (extraordinary ability, executives), EB-2 (advanced degree professionals), EB-3 (skilled workers), and EB-5 (investment-based).

Can refugees or asylees apply for a green card?

Refugees and asylees can apply for a green card after one year of being granted such status.

What is the diversity visa (green card lottery) program?

It is a program that randomly awards green cards to individuals from countries with low immigration rates to the U.S. Applicants must meet education or work experience requirements.

Can I apply for a green card if I am already in the U.S. on a visa?

It depends on your visa type, current status, and whether you meet the eligibility criteria for adjustment of status.

Am I eligible for a green card through marriage?

Yes, if you are married to a U.S. citizen or lawful permanent resident. Proof of a bona fide marriage is required.

Categories of Eligibility

What is the difference between family-based and employment-based green cards?

Family-based green cards rely on sponsorship by relatives, while employment-based green cards are sponsored by employers or based on an individual’s skills, achievements, or investments.

What is a special immigrant category?

It includes certain religious workers, employees of international organizations, and other designated groups.

Can I get a green card if I am a victim of crime or abuse?

Yes, through the U visa (victims of crimes) or VAWA (Violence Against Women Act) provisions.

What is the EB-5 investment green card?

This requires an investment of at least $800,000 in a qualifying U.S. business that creates at least 10 full-time jobs.

Are there green cards for students or temporary workers?

No direct pathway exists, but some temporary visa holders may transition to permanent residency through employer sponsorship.

Can undocumented individuals apply for a green card?

Yes, but eligibility often requires waivers, family ties, or other specific circumstances, such as DACA recipients or certain humanitarian exceptions.

Timeline and Processing

How long does it take to get a green card?

Processing times vary by category. Immediate relatives of U.S. citizens may wait 6 months to a year, while certain employment-based and family preference categories can take several years.

What is the green card backlog?

Due to annual caps, some categories (e.g., family preference, employment-based) experience significant delays, especially for applicants from high-demand countries like India, China, Mexico, and the Philippines.

What factors affect processing times?

USCIS workload, priority date availability, completeness of the application, and the applicant’s country of origin.

Can I expedite my green card application?

Expedites are granted for emergencies or humanitarian reasons. Premium processing is available for certain employment-based categories.

Costs and Fees

What are the costs of applying for a green card?

o Fees vary by process and category but include:
 Form I-485 (Adjustment of Status): $1,440
 Form DS-260 (Consular Processing): $325, plus $120 affidavit of support fee.
 Medical exams and translations: Variable costs.
o Additional fees for legal assistance may apply.

Are there fee waivers for green card applications?

Fee waivers are available for certain applicants based on financial hardship.

Do I need to pay for biometrics?

Yes, a biometrics fee of $85 is typically required.

Adjustment of Status (AOS) vs. Consular Processing

What is the difference between adjustment of status and consular processing?

o Adjustment of Status (AOS): For applicants already in the U.S.; allows them to change their status without leaving.
o Consular Processing: For applicants outside the U.S.; they complete the process at a U.S. embassy/consulate.

Which option is faster?

Processing times vary; consular processing may be quicker in some cases.

Can I travel while my green card application is pending?

AOS applicants need advance parole; consular applicants are advised not to enter the U.S. on a temporary visa with immigrant intent.

Can I work while waiting for my green card?

AOS applicants can apply for an Employment Authorization Document (EAD). Consular applicants must wait until the green card is issued.

Common Problems and Concerns

What happens if my green card application is denied?

You may appeal or reapply, depending on the reason for denial. Some applicants may face removal proceedings.

What if my sponsor withdraws support?

The application process may be terminated unless another sponsor is available or the applicant qualifies independently.

What if I made an error on my application?

You can correct minor errors by contacting USCIS or submitting an amendment, but significant errors might delay or jeopardize your case.

What if I overstayed my visa or worked without authorization?

Certain categories (e.g., immediate relatives of U.S. citizens) may still adjust status despite these issues.

Can criminal history affect my green card application?

Yes, certain crimes (e.g., drug offenses, fraud) can make you inadmissible unless a waiver is granted.

What is the public charge rule?

USCIS evaluates whether you are likely to rely on public benefits. Affidavits of support and financial documents are typically required.

What happens if my priority date is no longer current?

You must wait until the priority date becomes current again to continue processing.

What if I have insufficient financial support?

You may use a joint sponsor to meet the financial requirements.

Additional Concerns

Do I need a lawyer?

Not required but highly recommended for complex cases.

When can I apply for citizenship?

Typically after 3–5 years of permanent residency.

Can I work immediately with a Green Card?

Yes, you are authorized to work in any job or industry.

What happens if my Green Card application is denied?

You can appeal or reapply, depending on the reason for denial.

When can I apply for citizenship?

After 3–5 years of permanent residency.

What Should I Do If My Visa Is Denied?

The consular officer will provide a written explanation for the denial. You may be eligible to appeal the decision or file a waiver, depending on the grounds for denial.

How Long Does Consular Processing Take?

Processing times vary based on your category, country of origin, and the complexity of your case. It typically takes several months to over a year.

What Happens If My Circumstances Change?

Changes in your marital status, age, or eligibility may affect your case. Notify the NVC or consulate immediately to determine the next steps.

Can Concurrent Filing Be Done Outside the U.S.?

No. Concurrent filing is only available for adjustment of status cases within the United States. Individuals outside the U.S. must use consular processing.

What Happens If My Immigrant Petition Is Denied?

If the immigrant petition is denied, the adjustment of status application will also be denied.

Do All Cases Require an Interview?

Not all. USCIS may waive the interview for certain employment-based categories or straightforward cases.

How Long Will I Wait for My Priority Date to Become Current?

Wait times vary based on:
i. Visa demand and category limits.
ii. Per-country caps.
iii. Your category’s priority date in the Visa Bulletin.

Can I File Form I-485 Without a Current Priority Date?

No, unless you are an immediate relative of a U.S. citizen or concurrent filing is permitted for your category.

What Happens If My Priority Date Retrogresses?

Your adjustment of status application will remain pending.
Consular applicants must wait until the priority date becomes current again.

Can I Work While My AOS Is Pending?

Yes, you can apply for an Employment Authorization Document (EAD) using Form I-765. This allows you to work legally while your AOS is processed.

Can I Travel While Waiting?

You can apply for Advance Parole (Form I-131) to travel outside the U.S. without abandoning your application.

How long does it take to get a green card?

Processing times vary based on category, with family-based and employment-based applications often taking months to years.

Can green card holders lose their status?

Yes, due to criminal convictions, extended absences, or voluntarily abandoning residency.

What happens if my green card expires?

Renewals can be processed using Form I-90. Expired green cards do not invalidate permanent residency but can complicate travel and employment.

Can I Avoid Filing U.S. Taxes by Letting My Green Card Expire?

No. Even with an expired green card, you are obligated to file taxes unless you formally abandon your residency by filing Form I-407.

Am I Subject to the Exit Tax if I Abandon My Green Card?

Only if you’ve been a green card holder for 8 out of the last 15 years or meet specific income and asset thresholds.

What Happens if I Miss the FBAR Deadline?

Late filing or non-filing can result in significant penalties, ranging from $10,000 for non-willful violations to more severe fines for willful violations.

What should I do if my green card is lost or stolen while I am outside the U.S.?

If your green card is lost or stolen while you are outside the U.S., contact the nearest U.S. embassy or consulate and they will help you get travel documents to re-enter the U.S. Upon arrival in the U.S., file the I-90.

I filed for a green card through my employer. What happens if I lose my job before the process is complete?

Losing your job can complicate your green card application if it was filed through employment sponsorship. However, it doesn’t necessarily disqualify you. Consult an attorney to explore options, including finding a new U.S. employer willing to sponsor you or potentially switching to a different green card category (if eligible).

I’m worried about making a green card application form mistake. Are there any resources to help?

Absolutely! USCIS offers resources and even a tool called “Ask Emma” on their website to help with questions about forms and the application process. Additionally, consulting an immigration attorney can ensure your application is filled out accurately and avoid delays due to errors.

My green card application seems stuck. Can I expedite the process?

USCIS prioritizes certain green card applications based on specific criteria. You can inquire about your case status, but there’s generally no way to expedite the process unless you meet the emergency or humanitarian criteria outlined by USCIS.

I’m turning 21 soon. Will I age out of being eligible for a green card if my parents’ petition is still pending?

The good news is that the Child Status Protection Act protects unmarried children under 21 from “aging out” of eligibility for a green card if their parents filed a petition before they turned 21. However, it’s important to understand the specific requirements and consult an attorney if your situation is complex.

Can I travel outside the U.S. with my green card?

Yes, you can travel outside the U.S. with your green card. But if you will be outside the U.S. for more than a year, you should file for a re-entry permit using Form I-131. Also, if you have any criminal convictions after you became a permanent resident, consult with an immigration attorney before leaving the U.S. In some cases, immigrants with criminal convictions are detained and placed in removal proceedings by US Customs & Border Protection upon return to the U.S.

What are the security features of the green card?

Modern green cards have advanced security features such as improved tactile printing, enhanced optically variable ink, highly secure holograms, and more complex design elements to prevent counterfeiting and tampering.

Can I laminate my green card?

While laminating a green card may protect it, USCIS advises against it as it can be considered tampering. Instead, use a protective sleeve.

How do I check the status of my green card application?

You can check the status online using the USCIS case status tool or by calling the U.S. Citizenship and Immigration Services Contact Center.

What if my green card expires while I’m outside the U.S.?

If your green card expires while you are outside the U.S., you may not be able to re-enter. Renew before you travel or contact a U.S. embassy or consulate if it has expired.

Can I use my green card for identification in the U.S.?

Yes, a green card can be used as identification for many purposes including employment verification and access to services.

Do I need to renew my green card if I apply for citizenship?

If you are eligible for citizenship and apply for U.S. citizenship, you don’t need to renew your green card. But it’s recommended to keep a valid green card until you become a U.S. citizen.

Get Your Green Card Lawyer: Herman Legal Group

For over 29 years, Herman Legal Group has been fighting for immigrants worldwide. Whether you’re a foreign national seeking a green card or a permanent resident looking to bring certain family members to the U.S., we’ll listen to your situation and explain your options in plain English.

We know the immigration process inside and out and can help you avoid headaches and expenses.

We get results for our immigrant clients.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

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K1 Fiance Visa Attorney : Cost & Consultation Services

Experienced immigration attorney from Herman Legal Group

How to Decide Which Level of Support You Want

Applying for a K-1 fiancé visa is an exciting step for engaged couples, but the process can also be complex and overwhelming. Choosing the right support—whether it’s an immigration lawyer or a visa consulting service—can make a significant difference in how smoothly your application is handled during the fiance visa process.

It’s important to understand the difference between the K-1 fiancé visa and the marriage visa. The K-1 fiancé visa requires the couple to marry within 90 days of the foreign fiancé entering the U.S., while the marriage visa (CR-1 spousal visa) allows for spousal immigration after the marriage has already taken place.

This guide provides a detailed, step-by-step overview to help you decide which option is best for you, from preparing the K-1 visa petition (Form I-129F) to completing the DS-160 form and navigating the embassy interview.

Step 1: Understand the Fiancé Visa Process

Before choosing between a lawyer and a consulting service, familiarize yourself with the key steps in the K-1 visa process for a foreign citizen fiancé:

Form I-129F Petition for Alien Fiancé
- Filed with USCIS by the U.S. citizen petitioner.
- Requires proof of a bona fide relationship, such as photos, emails, and travel records.
National Visa Center** (NVC) Processing**
- Once approved by USCIS, the petition is sent to the NVC for further processing.
DS-160 Form and Embassy Interview
- The foreign fiancé completes the DS-160 (Online Nonimmigrant Visa Application).
- Both parties prepare for the embassy interview, where the foreign fiancé must prove the relationship’s legitimacy.
- The foreign fiancé is required to undergo a medical examination conducted by an authorized physician. Instructions for scheduling and specifics of the examination are provided by the U.S. Embassy or Consulate.
Entering the U.S. and Adjusting Status
- After the visa is issued, the foreign fiancé enters the U.S. and must marry within 90 days.
- After marriage, the couple files for Adjustment of Status to obtain a green card.

Step 2: Assess Your Case Complexity

The complexity of your case is the most important factor in deciding whether to hire an immigration lawyer or a consulting service. In some cases, extreme hardship, such as severe difficulties or cultural practices that prevent meeting in person, can be a complicating factor that may require a waiver for the K-1 visa application.

When Your Case is Straightforward

You may not need an attorney if:

Neither party has a criminal record or prior immigration violations.
There are no significant language barriers.
You have sufficient documentation to prove your relationship.
Both parties are comfortable with paperwork and meeting deadlines.

When Your Case is Complicated

Consider hiring an immigration lawyer if:

Either party has a criminal history or previous visa denials.
The foreign fiancé has overstayed a visa or violated U.S. immigration laws.
The relationship may face extra scrutiny due to cultural differences, an age gap, or limited documentation.
You’re uncertain about eligibility or have unique circumstances, such as a prior marriage or dependents.
You need to provide financial evidence to certify that the foreign national will not become a public charge.

Step 3: Understand the Services Provided by Lawyers vs. Consulting Services

Both options offer benefits, but they differ in terms of expertise, support, and cost. Additionally, there are law offices that specialize in K-1 visa applications, providing expert assistance to U.S. citizens and their foreign fiancés navigating immigration laws.

Immigration Attorney

What They Do:

Provide tailored legal advice and assess your case in detail.
Prepare and review Form I-129F and supporting documents.
Anticipate and resolve potential issues, such as Requests for Evidence (RFEs).
Help with waivers if inadmissibility issues arise.
Offer personalized interview preparation.
Assist in preparing for questions from the consular officer during the embassy interview.
Represent you in legal proceedings if complications occur.

Pros:

Expertise in handling complex cases.
Full legal representation.
High level of personalized support.

Cons:

Higher cost, typically $2,000–$6,000.
May not be necessary for simple cases.

Visa Consulting Service

What They Do:

Provide step-by-step guidance through the application process.
Offer tools to help prepare Form I-129F and DS-160.
Review your documents for accuracy.
Provide general tips for the embassy interview.

Pros:

Affordable flat fees, typically $1,000–$1,500.
Streamlined process for straightforward cases.
Convenient online tools and resources.

Cons:

Limited ability to handle complex cases.
Cannot offer legal representation or file waivers.
Support may feel impersonal compared to working with an attorney.

Step 4: Evaluate Your Budget

Cost of Hiring an Immigration Lawyer

Fees range from $2,000 to $6,000, depending on the lawyer’s experience and your case complexity.
May include additional charges for RFEs, waivers, or expedited services.

Cost of Using a Consulting Service

Services like Boundless charge $1,000 to $1,500 for end-to-end support.
Government filing fees are not included, and additional costs may apply for translations or notarizations.

When to Prioritize Cost:

If your case is straightforward and you feel confident managing most of the process independently, a consulting service may be a cost-effective choice.

Step 5: Assess the Type of Support You Need

Do You Need Legal Representation?

If your case involves complications, such as a criminal record, prior visa denials, or the need for a waiver, only a licensed immigration attorney can represent you legally.

Do You Need Guidance but Not Legal Advice?

For straightforward cases, consulting services provide enough support to navigate the process without the added expense of an attorney.

Do You Prefer a Personal Touch?

Lawyers typically offer more personalized attention, which can be invaluable for couples facing stress or anxiety during the process.

Step 6: Research Your Options

Finding a Reputable Immigration Lawyer

Look for lawyers with significant experience in K-1 visas and family-based immigration.
Check reviews on platforms like Avvo, Google, or Yelp.
Verify their credentials through the American Immigration Lawyers Association (AILA).

Finding a Reliable Visa Consulting Service

Choose amonsgst well-reviewed services.
Ensure the service offers guarantees, such as application accuracy or a money-back policy.

Step 7: Make Your Decision

Hire a Lawyer If:

Your case is complex or unusual.
You anticipate legal challenges, such as RFEs or inadmissibility issues.
You want comprehensive, personalized support and legal representation.

Choose a Consulting Service If:

Your case is straightforward, with no anticipated complications.
You’re comfortable handling basic paperwork and deadlines with guided support.
You want an affordable alternative to a lawyer.

Step 8: Begin the Process

Once you’ve chosen your support system, here’s how to proceed:

If Hiring a Lawyer:

Schedule an initial consultation to discuss your case and determine the scope of services.
Sign a fee agreement and provide all requested documents.
Work closely with the lawyer to prepare Form I-129F, DS-160, and supporting evidence.

If Using a Consulting Service:

Create an account on the platform and complete their intake questionnaire.
Upload your documents and use their tools to prepare Form I-129F and DS-160.
Follow their guidance for submitting your application and preparing for the embassy interview.

Step 9: Prepare for the Visa Interview

Regardless of your choice, both lawyers and consulting services will assist with visa interview and embassy interview preparation.

What to Focus On:

Understanding common interview questions.
Organizing additional proof of your relationship, such as photos or joint travel records.
Addressing potential red flags, such as significant age differences or cultural gaps.

Pro Tip: Practice answering questions confidently and honestly to demonstrate the authenticity of your relationship.

How to Find, Select, and Interview the Right Lawyer for Your K-1 Visa Process

The K-1 visa process is an exciting but complex journey for engaged couples seeking to build a life together in the United States. Choosing the right K1 visa lawyer to handle your case is one of the most critical decisions you’ll make, as it can significantly impact the success of your application.

Step 1: Understand the Role of an Immigration Lawyer

An experienced immigration attorney or lawyer specializing in K-1 visas can guide you through every stage of the process, including:

Preparing and filing Form I-129F, Petition for Alien Fiancé.
Ensuring you have sufficient evidence to prove the legitimacy of your relationship.
Addressing potential red flags, such as significant age differences or prior visa denials.
Assisting with the DS-160 form and embassy interview preparation.
Responding to Requests for Evidence (RFEs) or other challenges.
Advising on post-entry steps, such as marriage and Adjustment of Status for a green card.

Step 2: Search for Qualified Immigration Lawyers

Finding a lawyer with the right experience and expertise is essential. Here are the best ways to begin your search:

Online Directories and Reviews
- Avvo.com: Provides ratings, reviews, and detailed profiles of immigration lawyers.
- American Immigration Lawyers Association (AILA): Offers a searchable directory of licensed immigration attorneys specializing in family-based immigration.
- Google and Yelp: Check reviews from previous clients to gauge the lawyer’s reputation.
Referrals
- Friends or Family: Ask for recommendations from people who have successfully navigated the K-1 visa process.
- Community Organizations: Nonprofits or local immigrant support groups may have partnerships with experienced immigration attorneys.
Legal Aid Services
- If cost is a concern, some legal aid organizations or nonprofits provide free or low-cost immigration services.

Step 3: Evaluate Potential Lawyers

Once you’ve identified potential candidates, assess their qualifications and fit for your case:

Immigration Specialization
- Choose a lawyer who specializes in family-based immigration and has significant experience handling K-1 visa cases.
Track Record
- Look for lawyers with a high success rate in K-1 visa applications.
- Check their experience with challenging cases, such as those involving RFEs or criminal records.
Communication Skills
- A good lawyer should explain the process clearly and be responsive to your questions.
Accessibility
- Ensure the lawyer is accessible for in-person, phone, or video consultations and can provide updates on your case.
Cost Transparency
- The lawyer should provide a clear breakdown of their fees and any additional costs, such as for RFEs or expedited services.

Step 4: Prepare for the Initial Consultation

Meeting or speaking with a lawyer is your chance to evaluate their expertise and whether they’re the right fit for your case. Prepare a list of questions and gather the necessary documents to ensure a productive discussion.

Documents to Bring:

Personal identification (passport, driver’s license).
Evidence of your relationship (photos, messages, travel records).
Information about prior marriages or children (if applicable).
Details of any criminal history, prior visa applications, or immigration issues.

Step 5: Questions to Ask During the Interview

Here’s a comprehensive list of questions to ask when interviewing a lawyer:

Experience and Expertise

How many K-1 visa cases have you handled?
What is your success rate for K-1 visa applications?
Have you dealt with cases similar to mine (e.g., criminal records, RFEs, significant age differences)?
What steps will you take to ensure my application is complete and accurate?
How do you handle Requests for Evidence (RFEs) if one is issued for my case?
Will you assist with preparing for the embassy interview?
What is the typical timeline for a K-1 visa application, and how can you help expedite the process?
What are your fees for handling the K-1 visa process?
Are there additional costs I should be aware of (e.g., translations, filing fees, RFEs)?
Do you offer payment plans or flat-rate pricing?
How will you keep me updated on my case status?
Will I work directly with you or with your support staff?
How quickly do you typically respond to emails or phone calls?
Do you assist with Adjustment of Status after the K-1 visa holder enters the U.S.?
If issues arise after marriage, such as delays in green card processing, will you continue to support us?

Step 6: Red Flags to Watch For

Be cautious of lawyers who exhibit the following behaviors:

Guarantees of Approval: No lawyer can guarantee the outcome of a case, as USCIS makes the final decision.
Lack of Transparency: If a lawyer is vague about fees or unwilling to discuss their experience, consider other options.
Poor Communication: Delayed responses or unclear answers during the initial consultation can indicate potential problems down the line.
Pushy Behavior: Avoid lawyers who pressure you to sign a contract immediately without giving you time to review or consider other options.

Step 7: Compare and Make Your Decision

After meeting with multiple lawyers, compare your options based on the following factors:

Experience: How well does the lawyer understand K-1 visas and your specific circumstances?
Cost: Are their fees reasonable and within your budget?
Comfort Level: Do you feel confident in their ability to handle your case?
Communication: Are they responsive and clear in their explanations?

Step 8: Sign a Fee Agreement and Begin the Process

Once you’ve chosen a lawyer, sign a written fee agreement that outlines:

The scope of their services (e.g., preparing Form I-129F, DS-160, interview preparation).
The cost of their services, including any additional fees.
The timeline for completing each step of the process.

Provide your lawyer with all required documents and stay actively engaged to ensure your case progresses smoothly.

The Most Common Problems Clients Experience with K-1 Visa Lawyers

The K-1 visa process is a crucial step for engaged couples planning to start their life together in the United States. Many couples hire immigration lawyers to guide them through the complexities of the application process. While many lawyers provide exceptional service, some clients encounter problems that can add unnecessary stress to an already challenging immigration process already.

This article explores the most common complaints clients have about their K-1 visa lawyers and offers tips on how to avoid or address these issues.

1. Poor Communication

What Clients Experience:

Difficulty getting timely updates about their case.
Emails and phone calls that go unanswered for days or weeks.
Lawyers using overly technical language without explaining the process clearly.

Why It Happens:

Some lawyers take on more cases than they can handle, leading to delayed or minimal communication. In other cases, support staff may act as intermediaries, leaving clients feeling disconnected from their lawyer.

Impact on Clients:

Increased anxiety about case progress.
Confusion about what’s required or what to expect next.
Missed deadlines due to lack of clear instructions.

How to Address It:

Set Expectations Early: During the initial consultation, agree on communication methods and response times.
Follow Up Regularly: Politely check in via email or phone if you don’t receive updates.
Consider Switching Lawyers: If communication issues persist, it may be time to find a more responsive attorney.

2. Lack of Attention to Detail

What Clients Experience:

Errors in the Form I-129F or DS-160, such as typos, missing information, or incorrect dates.
Submission of incomplete applications, resulting in Requests for Evidence (RFEs).
Lack of guidance on gathering the proper supporting documents, such as proof of a bona fide relationship.

Why It Happens:

Lawyers juggling multiple cases or delegating work to inexperienced staff may fail to thoroughly review applications before submission.

Impact on Clients:

Delays in case processing due to RFEs or rejections.
Potential denials if critical errors go uncorrected.

How to Address It:

Review Documents Yourself: Double-check forms and documents before they’re submitted.
Ask for a Checklist: Request a detailed list of required documents and steps to ensure nothing is missed.
Hire a Detail-Oriented Lawyer: Look for lawyers with strong reviews praising their thoroughness.

3. High Costs and Hidden Fees

What Clients Experience:

Being quoted one price upfront, only to face additional charges later for RFEs, interview preparation, or expedited services.
Vague explanations about what the initial fee covers.

Why It Happens:

Some lawyers underquote fees to attract clients, later adding charges for tasks that should have been included.

Impact on Clients:

Financial strain from unexpected expenses.
Frustration over feeling misled or taken advantage of.

How to Address It:

Request a Fee Agreement: Ask for a written breakdown of all costs, including potential additional fees.
Compare Prices: Research multiple lawyers to understand standard pricing for K-1 visa services.
Look for Transparency: Choose lawyers who are upfront about costs during the initial consultation.

4. Lack of Expertise in K-1 Visas

What Clients Experience:

Lawyers giving incorrect advice or showing unfamiliarity with K-1 visa requirements.
Mistakes like failing to address issues such as prior visa denials or inadmissibility concerns.
Limited knowledge of embassy-specific procedures or interview expectations.

Why It Happens:

Not all immigration lawyers specialize in K-1 visas. Some may primarily handle other types of visas or cases, such as employment-based immigration.

Impact on Clients:

Increased risk of errors, RFEs, or denials.
Lost time and money spent on a lawyer who isn’t equipped to handle the case effectively.

How to Address It:

Ask About Experience: During your consultation, ask how many K-1 visa cases they’ve handled and their success rate.
Read Reviews: Look for feedback from clients with similar cases to yours.
Verify Credentials: Check if the lawyer is a member of the American Immigration Lawyers Association (AILA) or other professional organizations.

5. Insufficient Support for the Embassy Interview

What Clients Experience:

Minimal preparation for the foreign fiancé’s embassy interview.
Lawyers failing to provide guidance on common questions or how to address potential red flags.
Clients left feeling unprepared for this critical stage of the process.

Why It Happens:

Some lawyers focus primarily on document preparation and neglect interview preparation as part of their services.

Impact on Clients:

Increased anxiety about the interview.
Higher risk of denial if the foreign fiancé cannot adequately demonstrate the legitimacy of the relationship.

How to Address It:

Ask About Interview Support: Before hiring a lawyer, confirm that interview preparation is part of their service.
Request a Mock Interview: Practice answering common questions with your lawyer to build confidence.
Bring Up Red Flags: Discuss any potential interview challenges (e.g., language barriers, cultural differences) and seek specific advice.

6. Delegation to Inexperienced Staff

What Clients Experience:

Interactions primarily with paralegals or support staff rather than the lawyer.
Documents prepared by staff who lack the experience to handle complex cases.

Why It Happens:

Some law firms delegate much of the work to paralegals to reduce costs, with lawyers only stepping in for major issues.

Impact on Clients:

Lower quality of work due to inexperience.
Feeling unsupported or ignored by the lawyer they hired.

How to Address It:

Clarify Roles: Ask during the consultation who will be handling your case and what role the lawyer will play.
Request Direct Access: Ensure you can communicate directly with the lawyer when needed.
Choose a Smaller Firm: Consider working with solo practitioners or smaller firms where the lawyer handles cases personally.

7. Overpromising Results

What Clients Experience:

Lawyers guaranteeing visa approval, which is impossible since USCIS and consular officers make the final decision.
Unrealistic timelines that don’t account for processing delays or RFEs.

Why It Happens:

Some lawyers make exaggerated promises to secure clients, knowing they cannot control the outcome of a case.

Impact on Clients:

Disappointment when expectations aren’t met.
Frustration over wasted time and money.

How to Address It:

Ask About Risks: A good lawyer will be honest about potential challenges and realistic outcomes.
Do Your Research: Verify processing times and requirements independently to compare against the lawyer’s claims.
Avoid Guarantees: Be wary of lawyers who promise success or expedited approvals.

8. Poor Case Management

What Clients Experience:

Lawyers forgetting key details about the case, such as deadlines or previous communications.
Repeatedly requesting the same documents or information.

Why It Happens:

Poor organizational systems or overburdened lawyers can lead to mismanagement of cases.

Impact on Clients:

Delays in case progress.
Increased frustration and loss of trust.

How to Address It:

Keep Your Own Records: Maintain copies of all documents and communications for reference.
Request Regular Updates: Ask for periodic status reports to ensure your case stays on track.
Consider Switching Lawyers: If the problem persists, look for a lawyer with better reviews and case management practices.

The Most Common Problems Clients Face with the U.S. Government During K-1 Process

The K-1 fiancé visa process can be one of the most rewarding yet frustrating journeys for engaged couples seeking to reunite in the United States. The process requires navigating multiple government agencies, including USCIS (U.S. Citizenship and Immigration Services), which oversees United States Citizenship matters, and the U.S. embassy or consulate where the foreign fiancé’s interview takes place.

Many clients encounter challenges during this journey, from delays to unexpected requests for additional evidence.

Common Problems with USCIS

1. Lengthy Processing Times

The Problem:

USCIS is notorious for its slow processing of Form I-129F, Petition for Alien Fiancé.
Processing times vary widely depending on the workload at the service center handling your case.

Why It Happens:

High application volumes.
Limited USCIS staffing and resources.
Additional scrutiny under tightened immigration policies.

Impact on Applicants:

Couples are left waiting months—or even over a year—to proceed to the next step.
Emotional and financial strain due to prolonged separation.

How to Address It:

Check Processing Times: Regularly monitor USCIS processing times on their website.
Submit a Complete Application: Ensure all required forms and documents are accurate and included to avoid delays.
Follow Up: If your case exceeds normal processing times, submit a case inquiry with USCIS or contact your local congressional representative for assistance.

2. Requests for Evidence (RFEs)

The Problem:

USCIS issues RFEs when they need more information or documentation to make a decision on your petition.
Common reasons include insufficient evidence of a bona fide relationship or incomplete forms.

Why It Happens:

Incomplete or inconsistent documentation.
USCIS finds red flags, such as cultural differences, age gaps, or short courtships, that require further clarification.

Impact on Applicants:

Significant delays in processing while you gather and submit additional evidence.
Increased stress and uncertainty about the outcome.

How to Address It:

Submit Strong Initial Evidence: Include plenty of proof of your relationship, such as photos, travel receipts, chat logs, and affidavits.
Respond Quickly: Follow USCIS instructions and provide a thorough response to RFEs within the deadline.
Consult a Lawyer: If you’re unsure about your RFE response, seek professional legal assistance.

3. Application Errors or Omissions

The Problem:

Small errors, such as missing signatures or incorrect dates, can result in application rejection or delays.

Why It Happens:

Applicants rush to complete forms or misunderstand instructions.
Lack of familiarity with USCIS requirements.

Impact on Applicants:

Your application may be rejected, requiring you to start over.
Even minor errors can lead to weeks or months of delays.

How to Address It:

Double-Check Everything: Carefully review all forms and documents before submission.
Follow USCIS Instructions: Use the USCIS website or official guides to ensure compliance with requirements.
Consider Professional Help: Hiring a lawyer or using a visa consulting service can reduce the risk of errors.

4. Lack of Communication or Case Updates

The Problem:

USCIS can be frustratingly opaque, providing little information about the status of your case beyond general timelines.

Why It Happens:

USCIS processes millions of applications annually, leaving limited capacity for individualized updates.

Impact on Applicants:

Anxiety and uncertainty about whether your case is progressing.
Difficulty planning travel or wedding arrangements without clear timelines.

How to Address It:

Check Case Status Online: Use the USCIS online case status tool.
Set Up Case Notifications: Sign up for USCIS email or text alerts.
Contact USCIS Directly: If delays exceed normal timelines, call the USCIS Contact Center or file a case inquiry.

Common Problems with U.S. Embassies and Consulates

1. Delays in Receiving an Interview Appointment

The Problem:

After USCIS approves the I-129F petition, applicants often wait months for the embassy to schedule an interview.
Wait times vary significantly by country.

Why It Happens:

Backlogs due to high demand, staffing shortages, or lingering COVID-19 effects.
Limited interview slots at busy embassies or consulates.

Impact on Applicants:

Extended separation and uncertainty.
Difficulty planning travel or wedding arrangements.

How to Address It:

Monitor the Embassy Website: Check the specific embassy’s website for updates on wait times.
Submit Required Documents Promptly: Delays in sending the DS-160 form or supporting documents can prolong your wait.
Request Expedited Processing: If you have urgent circumstances (e.g., medical or humanitarian reasons), contact the embassy to request an expedited interview.

2. DS-160 Errors or Issues

The Problem:

Errors on the DS-160 (Online Nonimmigrant Visa Application) can delay processing or complicate the interview.

Why It Happens:

The DS-160 requires detailed information, and applicants sometimes provide incomplete or incorrect responses.

Impact on Applicants:

The embassy may reject the application or ask for corrections, delaying the interview.

How to Address It:

Complete Carefully: Review all fields on the DS-160 for accuracy before submission.
Save Your Work: Use the save feature to avoid losing progress while completing the form.
Seek Help: If unsure, consult with a lawyer or visa consultant to ensure the DS-160 is accurate.

3. Problems During the Embassy Interview

The Problem:

Applicants struggle to answer questions, fail to provide sufficient evidence, or face suspicion from consular officers.

Why It Happens:

Lack of preparation for common interview questions.
Incomplete or weak documentation to prove the legitimacy of the relationship.
Consular officers spotting red flags, such as a significant age gap or limited shared history.

Impact on Applicants:

Denial or delay in visa issuance.
The need to provide additional evidence or reapply.

How to Address It:

Prepare Thoroughly: Practice answering common interview questions about your relationship, wedding plans, and fiancé’s background.
Bring Comprehensive Evidence: Take photos, travel receipts, chat logs, and other documentation to prove your relationship.
Be Honest and Confident: Answer questions truthfully and avoid appearing nervous or evasive.

4. Administrative Processing Delays

The Problem:

After the interview, some cases are placed into “administrative processing,” which can take weeks or even months to resolve.

Why It Happens:

Background checks, incomplete documentation, or consular officers needing additional time to verify information.

Impact on Applicants:

Long delays in receiving the visa.
Uncertainty about the next steps or timeline.

How to Address It:

Be Patient: Administrative processing times vary and are often beyond your control.
Follow Up: Monitor the embassy’s website for updates and inquire about your case status if delays exceed normal timelines.
Consult a Lawyer: If delays are excessive, a lawyer may be able to help escalate your case.

5. Lack of Transparency from Embassies

The Problem:

Embassies often provide little information about why a case is delayed or denied.

Why It Happens:

Security and privacy concerns limit what embassies can disclose.

Impact on Applicants:

Frustration and confusion about how to resolve issues or move forward.

How to Address It:

Ask for Written Reasons: If denied, request a written explanation and list of required steps to reapply.
Seek Legal Advice: A lawyer can help interpret embassy decisions and recommend next steps.

lawyers and consulting services for K1 visa assistance

FAQ

Finding an Immigration Lawyer

1. How do I find an experienced immigration lawyer for a K-1 visa case?

i. Use directories like the American Immigration Lawyers Association (AILA) to locate licensed immigration attorneys.
ii. Check online reviews on platforms like Avvo, Google, and Yelp.
iii. Ask for recommendations from friends, family, or community organizations that have gone through the process.

2. Should I hire a lawyer locally or can I hire one remotely?

i. Immigration law is federal, so lawyers licensed in any U.S. state can handle your case.
ii. If you’re comfortable with remote communication, you can hire a lawyer based anywhere. However, local lawyers may provide in-person consultations or support during interviews if needed.

3. Can I use an online visa consulting service instead of a lawyer?

Visa consulting services like Boundless can guide you through the process for a lower fee but do not offer legal representation or handle complex issues like inadmissibility waivers or RFEs (Requests for Evidence).

Interviewing Potential Lawyers

4. What questions should I ask during the initial consultation?

Experience: How many K-1 visa cases have you handled? What’s your success rate?
Services Offered: What specific steps of the process will you handle (e.g., I-129F petition, DS-160, interview preparation)?
Timeline: How long do you estimate my case will take?
Fees: What are your fees, and are there additional costs for RFEs or expedited services?
Communication: How will we communicate, and how quickly do you respond to questions?

5. Is the initial consultation typically free?

Some lawyers offer free consultations, while others charge a small fee. Confirm this when scheduling your meeting.

6. What red flags should I watch for when interviewing lawyers?

i. Guarantees of success (no lawyer can guarantee a visa approval).
ii. Vague answers about fees or services.
iii. Poor communication or unwillingness to answer questions clearly.

Hiring an Immigration Lawyer

7. How much does it cost to hire a lawyer for a K-1 visa application?

i. Fees range from $2,000 to $6,000, depending on the lawyer’s experience and the complexity of your case.
ii. Additional costs may apply for RFEs, translations, or waivers.

8. What should a written fee agreement include?

i. Scope of services: What the lawyer will and won’t do.
ii. Fee structure: Flat fees or hourly rates, and payment plans if available.
iii. Additional costs: Clarify what expenses (e.g., filing fees) are not included in the fee.

9. Can I switch lawyers mid-process?

Yes, but you’ll need to transfer all case files and documents to the new lawyer. Ensure your new lawyer is informed about your case history to avoid further delays.

10. Is hiring a lawyer worth it for a straightforward case?

For straightforward cases, hiring a lawyer may not be necessary. However, a lawyer can still provide peace of mind by ensuring all forms are accurate and complete.

Working with an Immigration Lawyer

11. What is my role in the K-1 visa process after hiring a lawyer?

i. Provide all requested documents promptly.
ii. Be honest about your relationship and any issues (e.g., prior criminal records, previous visa denials).
iii. Stay engaged and informed about the progress of your case.

12. How often should I expect updates from my lawyer?

Updates should be provided at key milestones, such as when USCIS accepts the petition or requests additional evidence. Discuss expectations for communication during the initial consultation.

13. Who will I work with on my case—the lawyer or their staff?

Many law firms delegate routine tasks to paralegals or assistants. Ensure your lawyer reviews all documents before submission and is accessible for complex issues.

14. What happens if my lawyer makes a mistake in my application?

If a lawyer’s error leads to delays or denials, they should work to resolve the issue at no additional cost. However, some errors may require additional fees or re-filing.

Specific Issues with the K-1 Visa Process

15. How can a lawyer help if I receive a Request for Evidence (RFE)?

Lawyers can analyze the RFE, identify what’s missing, and help you prepare a thorough response to avoid further delays.

16. What if the foreign fiancé has a criminal record?

A lawyer can determine whether the crime makes the applicant inadmissible and, if necessary, help file a waiver of inadmissibility.

17. Can a lawyer help if the petition is denied?

Yes, they can help file a motion to reopen or appeal the decision. They can also advise whether reapplying is a better option.

18. Do lawyers assist with the DS-160 form and embassy interview?

Most lawyers provide guidance on completing the DS-160 form and preparing for the interview. Some may conduct mock interviews to help you practice.

19. What if the embassy places my case in administrative processing?

A lawyer can monitor your case and communicate with the embassy to ensure it moves forward. They can also help address any requests for additional information.

Communication and Collaboration

20. How do I ensure smooth communication with my lawyer?

i. Use email or online portals to keep records of communications.
ii. Set regular check-ins to discuss case progress.
iii. Clearly outline your expectations for updates during the initial consultation.

21. What should I do if my lawyer is unresponsive?

i. Follow up via email and phone.
ii. If the issue persists, escalate the matter to the lawyer’s supervising partner or file a complaint with the state bar association.

22. Can I request a second opinion while working with a lawyer?

Yes, you can consult another lawyer if you’re unsure about your case’s progress or strategy. Be transparent with both lawyers to avoid conflicts.

Addressing Costs and Payments

23. Are payment plans available for legal fees?

Many lawyers offer payment plans to make their services more affordable. Ask about this option during your initial consultation.

24. Does the lawyer’s fee include USCIS filing fees?

Filing fees are typically separate. As of now, the USCIS fee for Form I-129F is $535. Confirm what’s included in the lawyer’s fee agreement.

25. Are there any hidden fees I should be aware of?

Ask about costs for additional services, such as responding to RFEs, handling waivers, or assisting with Adjustment of Status after marriage.

Post-K-1 Visa Support

26. Will the lawyer help with Adjustment of Status after marriage?

Many lawyers offer this service, but it’s often not included in the initial fee for the K-1 visa process. Confirm whether they provide post-K-1 support and the associated cost.

27. Do lawyers provide assistance with travel documents after entering the U.S.?

Lawyers can help file for a reentry permit or advance parole if the foreign fiancé needs to travel outside the U.S. before receiving their green card.

28. Can my lawyer help expedite the green card process?

While lawyers cannot influence processing times, they can ensure your application is filed correctly to avoid unnecessary delays.

Uncommon Questions and Issues

29. What if I’m not fluent in English?

Many immigration lawyers speak multiple languages or work with translators. Look for a lawyer fluent in your native language if needed.

30. How can a lawyer help if my fiancé is from a country with high visa refusal rates?

A lawyer can help present a stronger case by addressing common concerns for applicants from specific countries.

31. What if I plan to marry outside the U.S. instead?

A lawyer can advise whether a CR-1 spousal visa is more appropriate and help you switch from a K-1 to a CR-1 petition.

32. Will my lawyer deal directly with USCIS or the embassy on my behalf?

Yes, lawyers can communicate with USCIS, the NVC, and embassies to address issues, respond to requests, and advocate for your case.

At Herman Legal Group, we understand that your K-1 fiancé visa application is more than just paperwork—it’s the foundation for building a life with the person you love. With decades of experience, a proven track record, and a commitment to compassionate, personalized service, our team is uniquely positioned to guide you through every step of the process.

Whether you’re filing with USCIS, completing the DS-160, or preparing for the embassy interview, we work tirelessly to ensure your case is handled with the utmost care and attention to detail. By choosing Herman Legal Group, you’re not just hiring a law firm—you’re gaining a dedicated partner committed to reuniting you with your full k1 fiancé visa, and making your immigration journey as smooth and stress-free as possible. Let us help you turn this important chapter into a successful new beginning.

Expert Legal Help At Herman Legal Group, LLC

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+1-216-696-6170

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Expert Marriage Visa Lawyer – Fast & Reliable Immigration Assistance

Assistance for Your Spouse Visa/Green Card Application

Applying for a marriage visa can be an emotional and overwhelming process. From understanding the legal requirements to managing the paperwork and being eligible, it can feel like a lot to handle. A marriage visa lawyer, or an experienced immigration attorney, is your partner in this journey, providing the expertise, guidance and advocacy you need.

This guide covers:

What does a marriage lawyer do?
Why should I hire one?
What does an immigration lawyer cost?
How do I choose the right one?
Besides price, what is the difference between hiring an online visa consulting service as opposed to a lawyer?
What are some of most common problems that clients have experienced with their immigration lawyer?

What Does a Marriage Visa Lawyer Do?

A marriage visa lawyer is an expert in U.S. immigration law and specializes in marriage-based green cards and spousal visas. Their job is to make the process smoother, faster and error-free.

Key Tasks

Eligibility and Case Complexity Assessment

Initial Consultation: The lawyer reviews your situation and immigration status to determine if you are eligible for a marriage visa or green card, whether you are married to a U.S. citizen or a lawful permanent resident. Prior immigration history, criminal record or previous marriages may affect eligibility.
Customized Advice: Based on your situation, the lawyer advises on the best visa type (e.g. CR1, IR1 or Adjustment of Status).

Form Preparation and Filing

Form I-130 (Petition for Alien Relative): A marriage visa lawyer assists with the visa application process by preparing and filing necessary forms. This is the foundation document that establishes the marriage. The lawyer ensures it’s completed correctly and submitted. Form I-130 must be submitted to U.S. Citizenship and Immigration Services (USCIS).
Additional Forms: Depending on your situation, additional forms like Form I-485 (Adjustment of Status) or DS-260 (Immigrant Visa Application) may be required.
Errors Avoided: Lawyers review all forms to prevent delays caused by incomplete or incorrect submissions.

Evidence Gathering

Proof of Marriage: A marriage visa lawyer helps gather supporting documents such as evidence of the marriage, photos, joint bank statements, and affidavits from friends and family.
Financial Documents: The lawyer ensures the financial support documents, like Form I-864 (Affidavit of Support) meet USCIS standards.
Legal Documents: Birth certificates, marriage licenses, and any prior divorce decrees are reviewed and organized.

Communication with USCIS and Consulates

Case Monitoring: Lawyers monitor the applications and case status, responding to any USCIS or National Visa Center (NVC) inquiries. Immigration services include legal representation and assistance in communication with USCIS and consulates.
RFEs and NOIDs: If the government issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), the lawyer helps you respond to it to avoid denials.
Advocacy: In complex cases the lawyer communicates with immigration officials to resolve issues or clarify questions about the application.

Interview Preparation

Mock Interviews: A marriage visa lawyer prepares couples for the interview process by conducting mock interviews to prepare them for the marriage visa interview at USCIS or a U.S. consulate.
Question Guidance: Lawyers help you anticipate and answer tricky questions like those about your history, living arrangements or cultural differences.

Appeals and Waivers

Denial Appeals: A marriage visa lawyer provides legal advice and assistance with appeals and waivers. If the application is denied, the lawyer prepares the appeal and ensures the argument is strong and supported by evidence.
Inadmissibility Waivers: For issues like prior immigration violations or health concerns, the lawyer helps file waivers to overcome the barriers to entry.

Post Approval Support

Green Card Delivery: After visa approval, the lawyer helps with the final steps like ensuring the green card is delivered to the right address.
Removing Conditions: For conditional green cards (CR1), the lawyer helps couples file Form I-751 to remove conditions after two years, ensuring the green card holder maintains their permanent resident status. Maintaining permanent resident status requires filing Form I-751 to remove conditions on the green card.

Why Hire a Marriage Visa Lawyer?

You don’t have to hire a marriage visa lawyer but it’s highly recommended. Immigration processes are confusing, time consuming and unforgiving of mistakes. Obtaining a green card through marriage involves complex procedures and legal requirements. A lawyer brings clarity, confidence and efficiency to the process.

Top Reasons to Hire a Lawyer

Immigration Expertise

Immigration laws and legal requirements are complex and constantly changing. A lawyer is up to date with the regulations and knows how to work within them.
Small mistakes in forms or missing documents can result in denials or delays. Lawyers ensure applications are error free.

Special or Complex Cases

If the couple has unusual circumstances like prior immigration violations or cross border legal issues the lawyer can help with those.

Less Stress

The immigration process is overwhelming. Having a professional handle the details lets couples focus on their relationship instead of legal hurdles.

Higher Approval Rates

Lawyers know how to present the case in the best possible way to increase the chances of approval.

How Much Does a Marriage Visa Lawyer Cost?

The cost of a marriage visa lawyer varies based on location, complexity of the case and the lawyer’s experience.

Costs

Flat Fees:

Many lawyers offer flat fees for marriage visa cases ranging from $3,000 to $8,000. This usually includes consultation, form preparation, document review and communication with USCIS.

Hourly Rates:

Some attorneys charge hourly rates between $150 and $500 per hour depending on their experience and location.

Extra Costs:

Government filing fees for marriage visas range from $1,340 to $3,005 depending on whether the applicant is inside or outside the US.
Extra fees may apply for services like translations, photocopies or expedited processing.

How to Choose a Marriage Visa Lawyer

Choosing the right lawyer can make a big difference in your immigration journey. Here are the key factors to consider:

1. Expertise and Experience

Look for a lawyer who practices family based immigration.
Check their case history with cases like yours.

2. Reputation

Read reviews on Avvo, Google or Yelp.
Ask friends or family who have gone through the process for a recommendation.

3. Communication Style

A good lawyer explains the process clearly and responds to questions promptly.
During the consultation see if they seem approachable and patient.

4. Transparency in Fees

Make sure the lawyer gives you a breakdown of their fees upfront.

Avoid lawyers who guarantee success, no lawyer can control USCIS decisions.

5. Accessibility

Choose a lawyer who is available by phone, email or in person.
Consider online services that connect you with experienced immigration attorneys at a lower cost.

Most Common Questions

Do I Need a Lawyer for a Marriage Visa?

No you can apply without a lawyer. But mistakes or delays can happen especially if the case is complex. A lawyer minimizes those risks and gives you peace of mind. Here is more information on the process.

Can a Lawyer Expedite the Process?

While lawyers can’t control government processing times they can ensure your application is submitted correctly and on time and avoid unnecessary delays.

What If My Case is Denied?

If USCIS denies your application a lawyer can help you file an appeal or reapply with a stronger case. They can also help with waivers if inadmissibility issues arise.

What’s the Difference Between a Green Card and a Spousal Visa?

i. Spousal Visa: Allows the foreign spouse to enter the US and receive a green card.
ii. Marriage-Based Green Card: Grants lawful permanent residency allowing the spouse to live and work in the US permanently.

Online Services vs. Immigration Attorneys

Drawbacks of Using an Online Platform for Your Marriage-Based Green Card or Visa

When applying for a marriage based green card or spousal visa one of the biggest decisions you’ll make is how to handle the process. Online services promise affordability and convenience but have many drawbacks compared to hiring an experienced and compassionate immigration attorney.

This article will show you the disadvantages of using online services versus working with a qualified immigration lawyer so you can make an informed decision for your immigration journey.

1. No Personalized Legal Guidance

Online Services

Online services use generalized algorithms and templated process.
They provide limited or no personalized legal advice for special situations like:
Criminal records or prior visa denials.
Complex financial documentation requirements.
Mixed status families or prior immigration violations.

Immigration Attorneys

A experienced lawyer reviews your case in detail and identifies potential risks and creates a plan for your specific situation.
They give you actionable advice for special situations like applying for waivers for inadmissibility or overcoming USCIS scrutiny for complex cases.

Why This Matters:

Immigration cases are not one size fits all. An online service’s inability to handle individual complexities can result in costly mistakes, delays or even denial of application.

2. Limited Human Touch and Compassion

Online Services

These services use automated systems and preprogrammed checklists and often lack human interaction.
Clients can feel unsupported and alone especially during stressful moments like responding to a Request for Evidence (RFE) or preparing for a visa interview.

Immigration Attorneys

Compassionate lawyers take the time to listen to your story, offer emotional support and advocate for you.
They walk you through stressful situations and make you feel better.

Why This Matters:

Immigration is a personal and emotional process. A compassionate attorney provides the human connection and advocacy you won’t get from a service.

3. Can’t Handle Complex Legal Issues

Online Services

Online services can only guide you through simple processes.
They can’t handle advanced legal tasks like:
Appealing a denial.
Filing legal motions or waivers.
Communicating with USCIS or consular officers to resolve case issues.

Immigration Attorneys

Lawyers are licensed to practice immigration law and can handle advanced legal needs.
They can:
File appeals or motions in court.
Request waivers for inadmissibility (e.g., criminal records or health-related concerns).
Communicate directly with government officials on your behalf.

Why This Matters:

Unexpected legal issues arise in immigration cases. Having a lawyer who can handle these issues is key to keeping your case on track.

4. Mistakes and Overlooked Details

Online Services

The service relies on you to input and doesn’t check for errors.
Errors in forms, missing documents or incorrect information can result in:
Delayed processing.
RFEs requesting additional evidence.
Application denial.

Immigration Attorneys

A lawyer reviews your application thoroughly and catches errors or omissions before submission.
They make sure all forms are accurate, complete and supported by proper documentation.

Why This Matters:

Even small mistakes can have big consequences in immigration applications. A lawyer’s attention to detail reduces the risk of delays and denials.

5. No Support for USCIS Interviews and RFEs

Online Services

Most services offer no support for USCIS interviews or RFEs.
Clients are left to interpret government correspondence and prepare for interviews on their own.

Immigration Attorneys

Lawyers provide in-depth interview preparation including mock interviews and tips for answering questions.
They write RFE responses specific to your case.

Why This Matters:

USCIS interviews and RFEs are key parts of the immigration process. Preparation makes the difference between approval and denial.

6. Generic and impersonal document assistance

Online Services

Online services give general guidance on required documents but don’t verify authenticity or sufficiency.
They may not explain how to present evidence of a bona fide marriage such as joint bank accounts or personal photos.

Immigration Attorneys

A lawyer makes sure your documents are not only complete but also persuasive.
They help present your marriage evidence in the best possible light, anticipating what USCIS might ask.

7. No flexibility for changing circumstances

Online Services

Online services are inflexible and can’t adapt to unexpected events such as:
Changes in immigration policies or procedures.
Emergency travel needs.
Personal life changes (e.g., pregnancy, job relocation).

Immigration Attorneys

Lawyers offer real-time solutions to changing circumstances.
They stay current on immigration policy changes so your case is always up to date.

Why This Matters:

Immigration cases involve unexpected surprises. A lawyer’s flexibility keeps your case on track.

8. No representation or advocacy

Online Services

Online services don’t represent you in legal matters or communicate with government on your behalf.
Clients must handle any disputes, inquiries or appeals on their own.

Immigration Attorneys

Lawyers advocate for you with USCIS, consular officers and other government agencies.
They represent you in legal proceedings so your interests are protected.

Why This Matters:

Advocacy is key to overcoming obstacles and getting a fair hearing.

9. Not worth it

Online Services

While cheaper upfront, online services may cost more in the long run if errors or denials require additional applications or appeals.
Lack of personal attention means you may need to hire a lawyer later to fix problems.

Immigration Attorneys

More expensive initially, a good lawyer’s full service saves time, stress and minimizes costly mistakes.

Why This Matters:

Pay for quality legal support upfront to avoid financial and emotional pain later.

10. Emotional support and peace of mind

Online Services

Automated systems can’t provide the empathy and reassurance clients need during a emotional process.

Immigration Attorneys

A caring lawyer understands the personal implications of your immigration journey and offers guidance with compassion and sensitivity.

Why This Matters:

Having someone who really cares about your case makes the process less stressful and less lonely.

Common Problems with Marriage Immigration Lawyers

When hiring a marriage immigration lawyer, clients expect a seamless experience. While many immigration lawyers are great, some clients encounter problems that make the process stressful or annoying. These can be due to miscommunication, inexperience or even neglect.
This article discusses common problems clients have with marriage immigration lawyers and how to fix them.

1. Miscommunication

What It Looks Like:

Can’t get in touch with the lawyer by phone or email.
Long wait for updates on the case.
Unclear explanations of the process or what’s next.

Why: Some lawyers take on too many cases and have no time for personal attention. Others rely on office staff to manage client communication and that means delays or incomplete info.

Impact on the Client:

More stress and anxiety about the application.
Confusion about deadlines and documents.

How to Fix It:

Set Expectations Early: Agree on communication methods and frequency during the initial consultation.
Follow Up Regularly: Politely check in via email or phone if updates are delayed.
Consider a New Lawyer: If communication issues persist, it may be time to switch to a more responsive attorney.

2. Inexperience

What It Looks Like:

The lawyer doesn’t know about marriage-based visas or immigration subtleties.
Wrong advice is given, e.g. filing the wrong forms or outdated information.
The lawyer can’t address complex issues like prior visa denials or inadmissibility waivers.

Why: Not all lawyers are immigration lawyers and some may not have experience with marriage-based cases.

Impact on the Client:

Increased risk of errors in the application and delays or denials.
Missed opportunities to strengthen the case with additional evidence or legal strategies.

How to Fix It:

Ask About Experience: Before you hire, ask how many marriage-based visa cases the lawyer has done.
Get a Second Opinion: If you suspect errors, consult another lawyer.
Check Reviews: Look up online testimonials to see if the lawyer is experienced.

3. Documentation Errors

What It Looks Like:

Forms submitted with missing or incorrect info.
Supporting documents not included or not organized properly.
Deadlines missed due to administrative oversight.

Why: Errors happen when lawyers or staff rush to prepare documents or don’t double check submissions.

Impact on the Client:

Processing delays.
Requests for Evidence (RFEs) from USCIS, requiring more submissions.
Denial of the visa or green card application.

How to Fix It:

Review Documents Yourself: Before you submit, review all forms and attachments yourself.
Request Updates: Ask for copies of submitted documents to check for accuracy.
Consider Another Lawyer: If errors happen repeatedly, consider switching to a more detail-oriented attorney.

4. Lack of Transparency

What It Looks Like:

The lawyer doesn’t explain the fees or billing structure clearly.
Unexpected charges show up without warning.
Unclear about timelines and chances of success.

Why: Some lawyers will avoid talking about costs or case challenges and hope to keep you happy in the short term.

Impact on the Client:

Unforeseen financial burdens.
False hope about case outcome and disappointment.

How to Fix It:

Get a Detailed Fee Agreement: Make sure all costs are in writing before you start.
Ask Tough Questions: Get clarification on risks, additional costs and realistic timelines upfront.
Stay Informed: Check in regularly and ask for status updates.

5. Overloading Clients with Responsibility

What It Looks Like:

The lawyer makes you gather documents without clear instructions.
You’re left to fill out forms or figure out requirements on your own.
The guidance feels vague or generic.

Why: Some lawyers take on too many cases or don’t tailor their approach to each client’s situation.

Impact on the Client:

Unclear what documents are required and how to get them.
Risk of submitting incomplete or wrong information.

How to Fix It:

Ask for Clear Instructions: Request a checklist or detailed guidance on what’s required.
Give Feedback: Let the lawyer know if you’re having trouble with tasks.
Consider Hiring Support: If the lawyer’s support is insufficient, look into online services or immigration consultants for extra help.

6. Lack of Advocacy

What It Looks Like:

The lawyer doesn’t fight for your case in tough situations (e.g. RFEs, interviews).
Limited effort to resolve issues with USCIS or consular officials.
The lawyer seems uninterested or dismissive of your concerns.

Why: Some lawyers will prioritize easier cases or don’t have the motivation to handle disputes well.

Impact on the Client:

Missed opportunities to fix case weaknesses.
More chances of delays or denials.

How to Fix It:

Speak Up: Tell the lawyer what’s on your mind and ask for more involvement.
Evaluate Alternatives: If the lawyer is unresponsive, consider switching to one with a strong advocacy reputation.

7. Overpromising

What It Looks Like:

The lawyer promises visa approval which no lawyer can honestly promise.
Unrealistic timelines are given to make the client happy.
Potential pitfalls are ignored or downplayed.

Why: Some lawyers use rosy projections to get the business and hope clients won’t notice the delays or problems later.

Impact on the Client:

Disappointment when reality doesn’t meet expectations.
False sense of security in a case that may need more work.

How to Fix It:

Ask Specific Questions: Get realistic timelines and success rates for similar cases.
Do Your Research: Check the lawyer’s claims against general processing times.

8. Unethical Behavior

What It Looks Like:

The lawyer suggests illegal activities, such as forging evidence of a relationship.
Fees seem excessive or unaccounted for.
The lawyer is unprofessional, such as missed appointments or inappropriate comments.

Why: While rare, some lawyers will put profit over ethics or lack the professionalism expected of an attorney.

Impact on the Client:

Legal consequences, visa denial or ban from reapplying.
Frustration with the legal process.

How to Fix It:

Report Unethical Behavior: File a complaint with your state’s bar association.
Find a Reputable Lawyer: Look for licensed immigration attorneys with good reviews and ethical practices.

9. Case Management

What It Looks Like:

The lawyer forgets important details of your case, like prior immigration history or specific deadlines.
Asking for documents you’ve already submitted.
Lack of communication between the lawyer and their staff.

Why: Poor systems or overworked lawyers can cause oversight and inefficiency.

Impact on the Client:

Frustration from redoing the same tasks or lack of progress.
Risk of missing deadlines or overlooking case details.

How to Fix It:

Keep Records: Keep copies of all documents and communications for reference.
Ask for Updates: Get periodic status reports to ensure the case is moving forward.

10. Staff Turnover

What It Looks Like:

Frequent changes in the lawyer or staff handling your case.
Having to re-explain your situation to new staff.

Why: High turnover may mean poor management or staff dissatisfaction within the firm.

Impact on the Client:

Processing delays due to lack of continuity.
Loss of faith in the firm to manage the case.

How to Fix It:

Clarify Team Roles: Who will be your main point of contact throughout the case?
Consider Switching Lawyers: If turnover is disrupting your case, it might be time to find a more stable firm.

Marriage Visa Lawyer FAQ Guide

Hiring a marriage visa lawyer can be overwhelming if you’re a first timer to the immigration process. Below we have a comprehensive list of frequently asked questions (FAQs) covering common and not so common questions couples ask when looking to hire a marriage visa attorney.

1. What is a marriage visa lawyer?

A marriage visa lawyer is an immigration lawyer who specializes in marriage-based visas and green cards. They help couples navigate the immigration process, ensuring applications are complete, accurate and submitted on time.

2. Do I need to hire a lawyer to apply for a marriage visa?

No, you don’t need to hire a lawyer. But many couples do hire one to avoid mistakes, reduce stress and increase their chances of approval especially if their case is complicated.

3. What kind of cases do marriage visa lawyers handle?

i. Marriage-based green cards (Adjustment of Status and consular processing)
ii. CR1/IR1 spousal visas
iii. K1 fiancé visas
iv. Appeals for denied applications
v. Waivers for inadmissibility issues (e.g., prior overstays, criminal records)

Why Hire a Marriage Visa Lawyer?

4. What are the advantages of hiring a marriage visa lawyer?

i. Immigration law expertise: They know the rules and procedures.
ii. Dealing with special cases: They can handle issues like prior immigration violations or criminal record.
iii. Stress relief: A lawyer handles the paperwork and communication so you don’t have to.
iv. Higher approval rate: A lawyer presents your case in the best possible way to minimize the risk of denial.

5. Can a marriage visa lawyer expedite the process?

A lawyer can’t control USCIS processing times but can ensure your application is submitted correctly and on time to avoid delays due to mistakes or omissions.

6. When do I need to hire a lawyer?

i. When the couple has special circumstances like prior visa denials, prior divorces or inadmissibility issues.
ii. When there are time constraints like an expiring visa or travel restrictions.
iii. When dealing with complex evidence requirements to prove a bona fide marriage.

Cost and Fees

7. How much does a marriage visa lawyer cost?

It depends on the lawyer’s experience, location and the complexity of your case:

i. Flat fee: $3,000–$8,000.
ii. Hourly rate: $150–$500/hour. Additional costs may apply for government filing fees, translation services and document certifications.

8. Are there budget-friendly options to hire a lawyer?

Yes, some online platforms like Boundless or RapidVisa offer affordable legal services starting at around $1,500. These platforms connect you with licensed immigration attorneys for a fraction of the cost of traditional lawyers. But as in all aspects in life, there are trade-offs.

9. Are payment plans available for legal fees?

Many immigration lawyers offer payment plans to help clients manage the cost. Ask about this during your initial consultation.

10. Are there any hidden fees I should know about?

i. USCIS filing fees (e.g., $675 for Form I-130, $1,440 for Form I-485)
ii. Translation, notary or document retrieval costs
iii. Additional fees for expedite or RFE (Request for Evidence)

Finding and Hiring a Lawyer

11. How do I find a good marriage visa lawyer?

i. Ask around: Friends or family who have gone through the process can give recommendations.
ii. Online reviews: Check Avvo, Google or Yelp for client reviews.
iii. Bar associations: Use AILA (American Immigration Lawyers Association) to find licensed immigration attorneys.

12. What to look for in a marriage visa lawyer?

i. Immigration law and marriage-based experience.
ii. Good reviews or referrals from past clients.
iii. Transparent pricing with no false promises.
iv. Good communication and response time.

13. Local or online service?

i. Local lawyers are good if you prefer in-person consultations or need help with interviews or hearings. Although more and more, USCIS and the Immigration Courts are permitting virtual apperances telephonically or via video.
ii. Online services are more affordable and convenient for simple cases.

14. How do I check a lawyer’s credentials?

Check with your state’s bar association to verify their licensing. You can also search for their membership in AILA.

Legal Process and Documents

15. What forms do marriage visa lawyers handle?

i. Form I-130: Petition for Alien Relative
ii. Form I-485: Application to Register Permanent Residence or Adjust Status
iii. Form DS-260: Immigrant Visa Application (for consular processing)
iv. Form I-864: Affidavit of Support
v. Form I-751: Petition to Remove Conditions on Residence (for conditional green cards)

16. What documents do I need for a marriage visa?

i. Marriage certificate
ii. Birth certificates of both spouses
iii. Proof of a bona fide marriage (photos, joint bank statements, lease agreements)
iv. Proof of financial support (tax returns, pay stubs, bank statements)
v. Evidence of lawful U.S. entry (for Adjustment of Status applicants)

17. Can a lawyer help with RFEs or denials?

Yes, lawyers can help with a response to an RFE, providing the additional information USCIS requires. In case of denial, they can prepare an appeal or reapply with a stronger case.

18. How do lawyers prepare couples for the USCIS interview?

Lawyers:

i. Give you a list of questions.
ii. Conduct a mock interview to simulate the process.
iii. Teach you how to present yourself confidently and answer questions truthfully.

Special Cases and Situations

19. What if I was denied a visa before?

A lawyer can review the denial and help you address those issues in your new application. They can also file an appeal if necessary.

20. Can a lawyer help with inadmissibility issues?

Yes, lawyers can file for:

i. Prior overstays or unauthorized work.
ii. Criminal convictions.
iii. Health-related grounds, such as communicable diseases.

21. Do lawyers handle conditional green cards?

Yes, they can help you file Form I-751 to remove the conditions on your green card after 2 years.

22. How do lawyers prove a bona fide marriage?

They help couples gather and present evidence such as:

i. Joint financial documents
ii. Photos from family events or vacations
iii. Text messages, emails, call logs
iv. Testimonies from friends or family

23. What if one spouse is outside the U.S.?

Yes, they can assist with consular processing, including filing Form DS-260 and preparing for the consular interview.

24. How do lawyers handle cultural differences?

Immigration lawyers are familiar with cultural differences that may come up during the application or interview process. They will help show the real nature of the relationship despite those differences.

Other Questions

25. How long does it take with a lawyer?

Timeframe depends on the visa type and case complexity:

i. Spousal visas: 9-14 months.
ii. Adjustment of Status: 8-12 months. While lawyers can’t speed up government processing times, they can submit your application on time and avoid delays due to mistakes.

26. Can a lawyer guarantee success?

No lawyer can guarantee success. Immigration decisions are made by USCIS or the Department of State. Lawyers can increase your chances of approval by preparing a strong application.

27. Is it worth it to hire a lawyer?

For many couples, the peace of mind, time saved and reduced risk of denial makes hiring a lawyer worth it, especially for complex cases.

28. Do lawyers offer free consultations?

Some lawyers offer free initial consultations, others charge a small fee. Use this to talk to the lawyer and decide if they’re right for you.

29. What if my lawyer isn’t helping me?

If you’re not satisfied with your lawyer’s service you can:

i. Ask for clarification or more help.
ii. Get a second opinion from another lawyer.
iii. File a complaint with your state’s bar association if there’s an ethical issue.

30. Can I change lawyers mid-process?

Yes, just make sure to transfer all case files and documents to the new lawyer.

Choosing a marriage visa lawyer is a big decision that will impact your immigration journey. Whether you have a simple or complex case, having a lawyer with you is critical.

At Herman Legal Group, we know your marriage green card or visa application is more than just forms—it’s about creating a life with the one you love. With nearly 30 years of immigration experience, we have a proven success record, attention to detail and a personal approach to every case we handle.

We are not just your lawyers; we are your partners, here to guide you through this very personal journey. From error-free applications to advocating for you during tough times, our team will provide the expertise, care and dedication you need.

Trust Herman Legal Group to turn the immigration process into a smooth and stress-free experience so you can focus on what really matters—your future together.

Need More Spousal Visa Information?

Check out Herman Legal Group’ comprehensive marriage-based immigration guides:

Marriage Green Cards, Explained
CR1 and IR1 Spouse Visas, Explained
How Long Does It Take to Get a Marriage Visa?Form I-130: Everything You Need to Know
The Visa Bulletin
Getting Your Marriage Certificate
Consular Processing, Explained
Adjustment of Status (AOS), Explained

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+1-216-696-6170

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K-1 Fiance Visa – Everything You Need to Know

Understanding the K-1 Fiancé Visa

The K1 Fiancé Visa is confusing. Many people get mixed up information from friends, family or even online about whether it’s an immigrant or non-immigrant visa.

The K1 Fiancé Visa is one of the most special visas in the U.S. immigration system. Officially it’s a nonimmigrant visa, it allows foreign nationals to enter the U.S. to marry a U.S. citizen within 90 days of arrival.

But its process and purpose is different from other non-immigrant visas so it’s considered a hybrid visa (has both non-immigrant AND immigrant visa features). Below we’ll go into the characteristics that make it a hybrid.

The Basics: Immigrant vs. Non-Immigrant Visas

Immigrant Visa (IV):

Purpose: For individuals who want to live permanently in the United States.
Examples: Family-sponsored visas, employment-based immigrant visas, Diversity Visas.
Key Characteristic: Shows “immigrant intent” – the desire to become a permanent resident.

U.S. immigration law governs the regulations and requirements for immigrant visas.

Non-Immigrant Visa (NIV):

Purpose: For individuals coming to the U.S. for a temporary reason.
Examples: Tourist visas (B2), student visas (F1), work visas (H1B), medical treatment.
Key Characteristic: No “immigrant intent” – only temporary residency for a specific purpose and time frame.

Where Does the K1 Fit?

Official Classification: Non-Immigrant Visa

The K-1 Fiancé Visa is classified as a non-immigrant visa by the U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS). The Department of Homeland Security (DHS) plays a crucial role in the classification and evaluation of K-1 visa applications.

This is based on its characteristics:

1. DS-160 Form

Non-Immigrant Application Form: K1 applicants must file the DS-160 form, the same form used for tourist (B1/B2), student (F1) and other non-immigrant visas.
Purpose: The DS-160 form is for the 90 day temporary stays in the U.S. which aligns with the K1’s purpose: to allow entry for marriage within a specific time frame.
No need to use the CEAC portal to submit documents, as required for spousal immigrant visas (CR-1/IR-1).

2. Limited Duration

90-Day Window: The K1 visa holder must marry the U.S. citizen petitioner within 90 days of arrival or leave the U.S. If they don’t get married within this timeframe the visa is invalid.
Temporary Status: The visa doesn’t confer permanent residency directly, which is why it’s non-immigrant.

3. I-134 Affidavit of Support

The I-864 Affidavit of Support used for immigrant visas is not used for K1 visas. Instead the I-134 Affidavit of Support is used, which typically applies to non-immigrant visas, such as F-1 student visas. A consular officer evaluates the I-134 Affidavit of Support to ensure the applicant has adequate financial support.

How is the K1 different from a Non-Immigrant Visa (e.g., B1/B2)?

Unlike tourist or other temporary visas:

More steps and requirements.
Transitions to permanent residency (not non-immigrant visas).
Police clearances, medical exams, financial affidavits.

Why It’s Treated Like an Immigrant Visa

Although it’s a non-immigrant visa, the K1 process has several elements that are typical of immigrant visas. These requirements are because of the visa’s ultimate purpose: to transition to permanent residency after marriage.

1. Immigrant Medical Exam

Medical Exam: K1 applicants must have a medical exam similar to the one for immigrant visa applicants. This includes:
Screening for communicable diseases (e.g. tuberculosis).
Required vaccinations.
Review of medical history.
Purpose: Although the K1 is temporary, the medical exam is to ensure the applicant is fit for eventual permanent residency. But the full vaccination panel is not required for the K1 but is required for the immigrant visa/green card.

2. Police Clearance Certificates

Requirement: K1 applicants must provide police clearance certificates from any country where they have lived for more than six months after the age of 16.
Comparison to Non-Immigrant Visas: This is not a requirement for other non-immigrant visa categories like B1/B2 or F1 visas, so it’s a K1 unique.

3. Processed Through Immigrant Visa Units

Consular Processing: U.S. Embassies and Consulates process K1 visas through their Immigrant Visa Units, not their Non-Immigrant Visa sections.
Reason: Because the visa’s purpose is to transition the applicant to a green card after marriage.

4. Post-Visa Transition to Permanent Residency

Adjustment of Status (AoS): After marrying within the 90-day period, the K1 visa holder must file Form I-485 to apply for permanent residence and obtain a green card. This step aligns the K1 visa with immigrant pathways as it allows for permanent residency.
Intent: Unlike other non-immigrant visas which assume the applicant will go back to their home country, the K1 visa assumes eventual settlement in the U.S.

Confusion: Foreign Citizen Fiancé

The Department of State has the K1 visa as an immigrant visa, while the Customs and Border Protection (CBP) website lists it as non-immigrant but links to immigrant visa resources.

The K-1 visa permits the foreign-citizen fiancé(e) to enter the United States for the purpose of marriage within 90 days.

Policy Implications:

During COVID-19, presidential proclamations and travel bans created confusion about how K1 visas were being processed. Knowing its classification helps with eligibility and processing times.

Eligibility and Requirements

To be eligible for a K-1 visa, both the foreign citizen fiancé(e) and the U.S. citizen sponsor must meet specific criteria. These requirements ensure that the couple is genuinely intending to marry and that the foreign citizen fiancé(e) can legally enter the United States. Here are the key eligibility requirements:

U.S. Citizenship: The sponsor must be a U.S. citizen.
Foreign Citizenship: The fiancé(e) must be a foreign citizen.
In-Person Meeting: The couple must have met in person at least once within the past two years, unless an exception is granted due to extreme hardship or cultural reasons.
Intent to Marry: The couple must intend to marry within 90 days of the foreign citizen fiancé(e)’s arrival in the United States.
Legal Freedom to Marry: Both individuals must be legally free to marry, meaning they are not currently married to someone else and are not closely related by blood.
Income Requirements: The U.S. citizen sponsor must meet the income requirements, which are 100% of the Federal Poverty Guidelines for a household of two.

Meeting these requirements is crucial for the successful approval of the K-1 visa application.

Documentation and Evidence

When applying for a K-1 visa, the U.S. citizen sponsor and the foreign citizen fiancé(e) must provide a variety of documents and evidence to support their application. Proper documentation is essential to demonstrate the legitimacy of the relationship and the couple’s intent to marry. Here’s what you’ll need:

Form I-129F: A completed Petition for Alien Fiancé(e).
U.S. Citizen Sponsor’s Passport: A copy of the sponsor’s passport.
Foreign Citizen Fiancé(e)’s Passport: A copy of the fiancé(e)’s passport.
Proof of Relationship: Evidence such as photos, letters, emails, and other communication records.
Proof of Intent to Marry: Documents like a wedding invitation or a letter from the couple explaining their marriage plans.
Income Proof: The U.S. citizen sponsor’s tax returns, pay stubs, and other financial documents to prove they meet the income requirements.
Medical Examination Report: A report from an authorized panel physician confirming the foreign citizen fiancé(e) has undergone the required medical examination.

Having all these supporting documents all ready and organized will help streamline the visa application process.

Rights and Protections

As a K-1 visa holder, the foreign citizen fiancé(e) is entitled to certain rights and protections. These are designed to ensure their well-being and provide a clear path to permanent residency. Here are some of the key rights and protections:

Entry for Marriage: The right to enter the United States for the purpose of marrying a U.S. citizen within 90 days.
Work Authorization: The right to apply for a work permit, allowing the fiancé(e) to work in the United States. For more details on work eligibility and the process to obtain a permit, explore our details guide on can you work with a K-1 visa .
Green Card Application: The right to apply for a green card after marrying the U.S. citizen sponsor, leading to permanent residency.
Protection from Abuse: Protection from domestic violence and abuse, including the right to apply for a green card independently of the U.S. citizen sponsor if necessary.

These rights, immigration benefits and protections are in place to support the foreign citizen fiancé(e) as they transition to life in the United States.

Ineligibilities and Restrictions

Certain factors can make an individual ineligible for a K-1 visa or impose restrictions on their eligibility. It’s important to be aware of these to avoid potential issues during the application process. Here are some common ineligibilities and restrictions:

Criminal Convictions: Individuals convicted of certain crimes, such as domestic violence or child abuse, may be ineligible.
Immigration Fraud: Those found to have committed immigration fraud or misrepresentation.
Unlawful Status: Individuals currently in the United States in an unlawful status.
Previous Deportation: Those who have been previously deported from the United States.
Communicable Diseases: Individuals with communicable diseases, such as tuberculosis.
Mental or Physical Disorders: Those with a physical or mental disorder that poses a threat to themselves or others.

Understanding these ineligibilities and restrictions can help applicants determine their eligibility and address any potential issues before applying.

Note: The information provided is general in nature and may not apply to every individual’s situation. It is recommended that individuals consult with an immigration attorney to determine their eligibility for a K-1 visa and to ensure they meet all the requirements.

Why Does This Matter?

Understanding the K1 hybrid is important for:

1. Applicants

Clear Expectations: Knowing the visa is temporary but has immigrant-like requirements.
Preparation: Having all necessary documents (medical exams, police clearances) ready to avoid delays.

2. Consular Processing

Scheduling Interviews: Many consulates list the K1 visa under immigrant visa categories in their appointment scheduling systems.
Requirements: Knowing the visa’s unique nature can help with preparation and reduce confusion.

3. Legal

Presidential Proclamations: Policies on travel bans, vaccines and prioritization can vary based on the visa type.

When applying for a K-1 visa, it’s important to budget not only for the application fees but also for any additional costs that may arise. To help you plan accordingly, check out our in-depth article on how much does the K-1 visa cost for a complete breakdown of all expenses involved.

K1 Process Steps

File I-129F petition with USCIS.

This takes 5 to 12 months. After USCIS approves the I-129F petition it goes through several stages:

NVC and DOS

The petition is transferred from USCIS to NVC and then to the U.S. Embassy or Consulate in the beneficiary’s country.
Timeline: Unpredictable, can take weeks to months. For a detailed breakdown of the timeline and what to expect at each stage, please see our comprehensive guide on how long the K-1 visa process takes.

I-129F Validity Period

USCIS gives the I-129F petition a 4 month validity period. But the U.S. Embassy or Consulate will automatically extend it if there are delays.

File DS-160 and schedule interview

The K-1 visa interview is a pivotal part of the application process, and thorough preparation for this step can greatly enhance your chances of success.

Prepare for Next Steps

While waiting for the interview:

Read the IMBRA Pamphlet
Understand your rights under the International Marriage Broker Regulation Act (IMBRA). Learn more here.
Make sure Health Requirements Are Met
Get vaccinated.
Consider a pre-medical checkup to address any potential issues like STDs or tuberculosis.
Get Police Clearances
Get police clearance certificates from any country where you’ve lived for more than 6 months after you turned 16. Check requirements here.
File Taxes
Make sure your most recent tax returns are complete. These will be reviewed in the I-134 Affidavit of Support.
Check Passport Validity
The beneficiary’s passport must be valid for at least 6 months beyond the interview date. Renew it if needed.

Enter the U.S.

After visa approval, the fiancé(e) enters the U.S. and must marry the petitioner within 90 days.

Adjustment of Status

File Form I-485 to get a green card and become a permanent resident.

Quick Facts

K1 Fiancé Visa is a non-immigrant visa but treated like an immigrant visa.
Knowing its hybrid nature will help you understand the requirements and expectations.
Consulting with an K-1 Fiance visa immigration attorney will clarify the steps, prevent mistakes and give you support throughout the process.

Obtaining a Social Security Number on a K-1 Visa

Once you arrive in the U.S. on your K-1 visa, applying for a Social Security Number (SSN) should be one of your first priorities. An SSN is essential for working, paying taxes, and accessing financial services like opening a bank account or building credit.

As a K-1 visa holder, you can apply for an SSN shortly after entering the country. Typically, you’ll need to visit your local Social Security Administration office with your passport, K-1 visa, and Form I-94 as proof of entry. These documents confirm your eligibility and help expedite the process.

The K-1 Fiancé Visa is a non-immigrant visa but has immigrant-like processes. Knowing its dual nature will help you prepare for the journey from fiancé(e) to permanent resident, and make the process easier.

FAQ’s

Is the K-1 Fiancé Visa a Non-Immigrant or Immigrant Visa?

The K-1 Visa is classified as a non-immigrant visa because it uses Form DS-160 and the intent at entry is temporary—to marry a U.S. citizen within 90 days. But it behaves like an immigrant visa because the ultimate goal is for the foreign fiancé(e) to stay in the U.S. and adjust to permanent residency after marriage.

Why is the K-1 Visa a “Hybrid Visa”?

The K-1 is called a hybrid visa because:
i. It’s filed as a non-immigrant visa.
ii. It requires procedures of immigrant visas (medical exams, police clearances and consular processing by Immigrant Visa Units).
iii. It transitions to permanent residency after marriage through adjustment of status (AoS).

Why does the K-1 Visa use the Non-Immigrant Form DS-160?

Form DS-160 is the application for temporary non-immigrant visas. Since the initial purpose of the K-1 Visa is temporary entry into the U.S. (marry within 90 days) it uses this form.

Why Do I Need a Medical Exam for the K-1 Visa?

Although it’s a non-immigrant visa, the K-1 requires an immigrant-style medical exam to:
i. Screen for communicable diseases (e.g. tuberculosis).
ii. Ensure vaccination compliance.
iii. Prepare the applicant for adjustment of status to a green card.

Do K-1 Applicants Need Police Clearance Certificates?

Yes, police clearance certificates are required for the K-1 Visa. Applicants must provide clearances from all countries where they have lived for more than six months after the age of 16. This is the same requirement for immigrant visas.

How is the K-1 process different from other non-immigrant visas?

Unlike other non-immigrant visas the K-1 process includes:
i. Filing Form I-129F with USCIS.
ii. Processing through the National Visa Center (NVC) and U.S. Embassy’s Immigrant Visa Unit.
iii. A detailed medical exam and police clearance.

Why can’t I schedule my K-1 interview in the non-immigrant visa system?

The K-1 Visa is managed by the Immigrant Visa Unit at U.S. Embassies and Consulates. You must select “immigrant visa” in the online scheduling system to access the K-1 option.

Why is the K1 in both visa categories?

i. On many scheduling platforms selecting “non-immigrant visa” will not show the K1 option. You must select “immigrant visa” to proceed.
ii. This dual classification reflects the visa’s hybrid nature: non-immigrant in form but immigrant in intent.

Can I schedule my interview through the non-immigrant visa system?

No. The K1 requires an interview scheduled through consulates with Immigrant Visa Units.
Example:

i. Brazil: Only the consulate in Rio de Janeiro processes K1 visas.
ii. Canada: K1 visas are only in Montreal.
iii. Philippines: K1 visas are processed in Manila.

Can I choose any embassy or consulate for my interview?

No. The K-1 Visa interview must be at a U.S. Embassy or Consulate with an Immigrant Visa Unit. Examples:
i. Brazil: Only Rio de Janeiro processes K-1 visas.
ii. Canada: Only Montreal processes K-1 cases.
iii. Philippines: K-1 visas are only in Manila.

Are there additional medical requirements during AoS?

Yes, if certain vaccinations or tests were not completed during the initial medical exam they must be completed during the adjustment of status process.

Why is the K-1 treated as an immigrant visa?

Although classified as non-immigrant, the K-1 requires procedures similar to immigrant visas. This dual nature often causes confusion during application and processing.

What if my embassy misclassifies my K-1?

If issues arise:
i. Contact the embassy or consulate.
ii. Consult an immigration attorney.

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