How Do You Marry A Non U.S Citizen: Step-by-Step Legal Process
international couple embracing on their wedding day

What Happens When You Want to Live with Your Fiancé in the United States

Congratulations, you found love! Now where will your happily ever after be? If you’re a U.S. citizen or have lawful permanent resident status you might be wondering if this can be in the United States. The answer is yes, but there is a process to follow, guided by U.S. Citizenship and Immigration Services (USCIS), if you want to live together in the United States.

Your non-citizen spouse will need their own marriage green card to come and live with you. Depending on the situation, the application process will be slightly different.

If You and Your Fiancé Are Already in the United

If both you and your fiancé(e) are already in the U.S., your fiancé(e) likely has a temporary visa, such as a work visa or a visitor visa. The good news is that your fiancé(e) can transition from their temporary visa to a green card (lawful permanent residency) through a process called Adjustment of Status. This process allows them to remain in the U.S. while their green card application is being processed, avoiding the need to return to their home country.

Marriage in the U.S.

Before proceeding with your spouse’s green card process, you will need to get legally
married. Here’s how to prepare:

  • Marriage License Requirements: Each U.S. state has its own set of requirements for obtaining a marriage license. As a non-U.S. citizen, your fiancé(e) will typically need to present valid identification, such as:
    • A passport
    • Driver’s license or state-issued ID
    • In some cases, a birth certificate may be required to verify legal age.

If your fiancé(e) was previously married, they may also need to provide proof of their single status (e.g., a divorce decree or death certificate of a previous spouse). Additional requirements, like blood tests or waiting periods, may apply depending on the state.

To ensure compliance with local regulations, check the specific requirements in your county. You can refer to the Find Law guide on Marriage Licenses by State for more detailed information.

Marriage Abroad

If you’re planning to marry outside the U.S., it’s essential to follow the local laws of the country where the marriage will occur. Generally, the U.S. will recognize marriages performed abroad as long as they meet the legal requirements of that country and do not violate U.S. public policies (such as laws prohibiting bigamy).

For information on specific countries’ marriage requirements, consult the Visa Reciprocity Schedule.

If You’re a U.S. Citizen

As a U.S. citizen, you have a streamlined option to help your spouse get a green card faster through Concurrent Filing. This method allows you to file both Form I-130: Petition for Alien Relative and Form I-485: Application for Adjustment of Status at the same time, reducing the overall wait time for green card approval.

By using concurrent filing, your spouse can remain in the U.S. while waiting for the green card and even apply for work and travel authorization in the meantime.

Addressing Unlawful Presence

If your non-citizen spouse entered the U.S. legally (e.g., on a visa) but has since overstayed or lost their status, USCIS may waive the period of unlawful presence as part of the adjustment of status process. This means they can still apply for a green card without needing to leave the U.S., as long as they meet the eligibility criteria.

Entered Without Inspection (EWI) or Parole in Place

In cases where a non-citizen spouse entered the U.S. without a visa or parole (referred to as Entered Without Inspection, or EWI), they are generally not eligible to file for adjustment of status directly. However, certain individuals can cure their unlawful entry through Parole in Place (PIP) or by receiving Advance Parole:

  • Parole in Place is available to some spouses of U.S. citizens, including those married to active-duty or veteran members of the U.S. Armed Forces. It allows these individuals to remain in the U.S. and adjust their status without leaving the country.
  • Advance Parole is available for DACA holders and other non-citizens who need permission to travel abroad and re-enter the U.S. lawfully. After re-entering the U.S. on advance parole, some individuals can then file for adjustment of status.

If you believe these situations apply to you, it is important to explore your options carefully, as these cases can be complex. Working with an experienced immigration attorney can help ensure the process goes smoothly and in compliance with U.S. immigration laws.

Couple planning wedding & immigration process

Filing Process: Adjustment of Status

Once you are married, the next step is filing Form I-130 to establish your relationship and initiate your spouse’s green card application. The steps vary depending on whether you are a U.S. citizen or a lawful permanent resident:

Step 1: Determine Eligibility

Purpose: Ensure that you and your spouse are eligible to apply for adjustment of status.

Eligibility Requirements:

  • For the U.S. Citizen/Permanent Resident Spouse:
    • Must be a U.S. citizen or lawful permanent resident.
    • Must have a legally recognized marriage to the foreign national.
  • For the Foreign Spouse:
    • Must be physically present in the United States.
    • Must have entered the U.S. lawfully (e.g., with a visa or under the Visa Waiver Program).
    • Must not have violated any terms of their entry, though some exceptions may apply.

Step 2: File Form I-130, Petition for Alien Relative

Purpose: Establish the marital relationship between the U.S. citizen/permanent resident
and the foreign spouse.

Steps:

  • Complete Form I-130:
    • Download Form I-130 from the USCIS website and fill it out with information about both spouses.
  • Gather Supporting Documents:
    • Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, green card).
    • Marriage certificate to prove the relationship.
    • Evidence of any prior marriages being legally terminated (e.g., divorce decrees, death certificates).
    • Passport-sized photos of both spouses.
  • Submit Form I-130:
    • Send the completed Form I-130, along with the supporting documents and a filing fee of $675 (as of April 2024), to the appropriate USCIS address.
    • Wait for the receipt notice (Form I-797) confirming that USCIS has received your petition.

Step 3: File Form I-485, Application to Adjust Status (Concurrent Filing with I-130)

Purpose: Apply for the foreign spouse to become a lawful permanent resident (green card holder). You can file Form I-485 concurrently with Form I-130.

Steps:

  • Complete Form I-485:
    • Download Form I-485 from the USCIS website and fill it out with the foreign spouse’s information.
  • Gather Supporting Documents:
    • Copy of the Form I-130 receipt notice (Form I-797) if filing separately.
    • Copy of the foreign spouse’s birth certificate (translated if necessary).
    • Copy of the foreign spouse’s passport and visa or I-94 record showing lawful entry.
    • Marriage certificate.
    • Two passport-sized photos of the foreign spouse.
    • Form I-864, Affidavit of Support, completed by the U.S. citizen/permanent resident spouse to show financial support.
    • Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS-approved civil surgeon.
  • Filing Fees:
    • The filing fee for Form I-485 is $1,440 (as of April 2024).
  • Submit Form I-485 (and Concurrent Forms):
    • You can file Form I-485 concurrently with Form I-130. Additionally, you can include OPTIONAL Form I-765 (Application for Employment Authorization) and OPTIONAL Form I-131 (Application for Travel Document) to allow the foreign spouse to work and travel while their green card application is being processed.
    • Filing Fees:
      • Form I-765 (Employment Authorization): $520.
      • Form I-131 (Travel Document): $630.
    • There are no fee waivers for these forms when filed concurrently with Form I-485.
  • Mail the Package:
    • Send the completed forms (I-130, I-485, I-765, and I-131), along with supporting documents and the appropriate fees, to the designated USCIS lock-box based on your location.

Step 4: Biometrics Appointment

Purpose: The foreign spouse will provide fingerprints, photos, and a signature for background checks.

Steps:

  • Receive Appointment Notice:
    • USCIS will send a notice with the date, time, and location of the biometrics
      appointment.
  • Attend the Appointment:
    • The foreign spouse must attend the appointment and provide the required biometrics.
    • Bring the appointment notice and a valid photograph ID.

Step 5: Attend the Adjustment of Status Interview

Purpose: A USCIS officer will review your application and interview both spouses to confirm the legitimacy of the marriage.

Steps:

  • Receive Interview Notice:
    • USCIS will schedule an interview at a local USCIS office. You will receive a notice with the interview date, time, and location.
  • Prepare for the Interview:
    • Bring original copies of all submitted documents, including:
      • Passports
      • Marriage certificate.
      • Birth certificates.
      • Proof of ongoing relationship (e.g., joint financial accounts, lease/mortgage documents, photos).
  • Attend the Interview:
    • Both spouses must attend the interview together.
    • The USCIS officer will ask questions about your relationship, marriage,
      and background.
  • Interview Outcome:
    • Approval: If the officer is satisfied, the foreign spouse’s green card application will be approved.
    • Request for Evidence (RFE): If more information is needed, USCIS may issue an RFE. Respond promptly with the requested documents.
    • Denial: If the application is denied, you will receive an explanation, and you may appeal the decision or reapply if possible.

Step 6: Receive the Green Card

Purpose: Once approved, the foreign spouse will receive a green card, granting them
lawful permanent resident status.

Steps:

  • Receive Approval Notice:
    • If your application is approved, USCIS will send an approval notice.
  • Green Card Delivery:
    • The green card will be mailed to the address provided on the application within a few weeks.
    • The foreign spouse can now live and work in the U.S. as a lawful permanent resident.

If You are a Lawful Permanent Resident

As a lawful permanent resident (green card holder), your spouse can eventually obtain permanent residency, but the process involves additional steps and a longer wait compared to U.S. citizens. Here’s what you need to know:

Maintaining Valid Immigration Status

One key difference for spouses of green card holders is that they must maintain valid immigration status while waiting to apply for a green card. This means your spouse will need to have a valid work, student, or visitor visa throughout the process. Without valid status, your spouse may face difficulties adjusting to permanent residency.

Additionally, the adjustment of status (Form I-485) cannot be filed immediately after submitting Form I-130. Your spouse must wait until a visa number becomes available, which is determined by the Visa Bulletin under the F2A category for family preference visas. You can check the current visa availability and priority dates on the Visa Bulletin issued by the U.S. Department of State.

Visa Numbers and Wait Time

U.S. immigration law caps the number of green cards issued each year for family preference categories, which includes spouses of lawful permanent residents. For spouses of U.S. citizens, visa numbers are always available because they are considered immediate relatives. However, spouses of green card holders fall under the F2A visa category, where there is a waiting list for visa numbers.

Here’s how the process works:

  1. Form I-130 Filing: You, as the green card holder, will file Form I-130 to start the process.
  2. Priority Date: After filing, your case will receive a priority date. This date determines your spouse’s place in line for a visa number.
  3. Visa Availability: Once your spouse’s priority date becomes current, a visa number will be available, allowing them to move to the next step—filing Form I-485 for adjustment of status.

The wait time for F2A visas can vary but typically ranges from a few months to several years. Currently, the process can take up to 2 to 3 years. During this waiting period, your spouse must maintain their visa status to avoid complications

Next Steps for Your Spouse

Once a visa number becomes available, your spouse can file Form I-485: Application to Adjust Status to become a lawful permanent resident. At this point, they can also apply for work authorization (Form I-765) and travel authorization (Form I-131), allowing them to work and travel while the green card application is processed.

Couple discussing legal & marriage documents

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?

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. This means applicants can provide evidence to USCIS that, they did not have an intent to immigrate when they initially entered the U.S. on a non-immigrant visa.

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:

  1. 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 you take any step that can trigger the 90-Day Rule.
  2. 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.
  3. 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.

If You’re in the United States but Your Future Spouse Isn’t

If you’re living in the U.S. and your future spouse is abroad, you have several options for bringing them to the United States. Choosing the right path depends on whether you are already married or planning to marry after they arrive

Option 1: I-130 and Consular Processing

If you get married abroad, you can file Form I-130: Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS) to start the immigration process for your spouse. This process is called consular processing and will end with your spouse’s interview at a U.S. embassy or consulate in their home country.

Here’s how it works:

  1. Filing Form I-130: Once you file the I-130 petition with USCIS and it is approved, your case will be forwarded to the U.S. consulate or embassy in your spouse’s country.
  2. Consular Interview: Your spouse will undergo a medical exam and attend an interview at the U.S. embassy or consulate. The interview is a key step in the process, where your spouse will need to demonstrate the authenticity of your marriage and meet other immigration criteria.
  3. Receiving the Green Card: Once approved, your spouse will receive a visa to enter the U.S. as a lawful permanent resident (green card holder). Upon arrival in the U.S., their green card will be processed.

Processing Time: The entire consular processing timeline generally takes 18 to 24 months, but delays can occur, so it’s crucial to stay updated via the USCIS website.

Option 2: K-3 Visa (Spouse of a U.S. Citizen)

If you’re a U.S. citizen and have already filed the I-130 petition, you have the option of filing Form I-129F for a K-3 visa, which allows your spouse to enter the U.S. while the I-130 petition is still pending. Here’s what you need to know:

  • No Filing Fee: USCIS does not charge a fee for the K-3 visa petition, so filing it may provide a backup option in case the I-130 process takes longer than expected.
  • Is It Faster?: In most cases, the K-3 visa is not a quicker route because by the time the K-3 visa is ready for the embassy interview, the I-130 petition may already be approved. However, it is often recommended as an “insurance policy” in case the I-130 gets delayed.

Important Note: The K-3 visa is only available if the I-130 petition is still pending at USCIS during the K-3 interview. Once the I-130 is approved, your spouse will move forward with consular processing, making the K-3 visa redundant.

Option 3: K-1 Fiancé(e) Visa

If you’re a U.S. citizen and prefer to get married in the United States, your future spouse can apply for a K-1 visa, commonly known as a fiancé(e) visa. This visa allows them to enter the U.S. for marriage. Here’s the process:

  1. Filing Form I-129F: Start by filing Form I-129F with USCIS. Once the petition is approved, your fiancé(e) can submit the DS-160 application at the U.S. embassy to obtain the K-1 visa.
  2. Entering the U.S.: Upon receiving the K-1 visa, your fiancé(e) can travel to the U.S. You must marry within 90 days of their arrival.
  3. Adjustment of Status: After the wedding, your spouse can file Form I-485 to adjust their status to a lawful permanent resident (green card holder).

Processing Time: The K-1 visa process typically takes 6 to 12 months.

Key Requirements for the K-1 Visa:

  • In-Person Meeting: Before applying for a K-1 visa, you and your fiancé(e) must have met in person at least once within the last two years.
  • 90-Day Deadline: After your fiancé(e) enters the U.S., you must marry within 90 days. If not, they may face deportation or be required to leave the U.S.

Once married, your spouse will need to attend a biometrics appointment and potentially an interview with USCIS. If they wish to work or travel outside the U.S. while the green card application is pending, they can apply for a work permit (Form I-765) or travel permit (Form I-131).

Temporary Separation and Timelines

Regardless of the option you choose, there will be a period of temporary separation while your spouse waits for their visa or green card approval outside the U.S. Keep in mind the following processing times:

  • K-1 Fiancé(e) Visa: 6 to 12 months
  • I-130 Spousal Visa (Consular Processing): 18 to 24 months

These timelines are subject to change, so be sure to check the USCIS website or consult with your immigration attorney for the latest updates.

Happy couple enjoying a swing outdoors

Detailed Step-by-Step Process for K-1 Fiancé Visa

Step 1: Filing Form I-129F – Initiating the Process

The first step is for the U.S. citizen (the petitioner) to file Form I-129F: Petition for Alien Fiancé(e) with U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that:

  • Both parties are legally free to marry (i.e., not currently married to anyone else).
  • The couple intends to marry within 90 days of the foreign fiancé(e)’s arrival in the U.S.

Along with Form I-129F, the petitioner must submit proof of the relationship (photos, communications, travel records, etc.) and evidence of meeting in person within the last two years (unless a waiver is requested). Approval of Form I-129F by USCIS indicates acceptance of the couple’s intent to marry but does not guarantee the issuance of a visa or entry into the U.S.

Step 2: Visa Issuance by the Department of State (DOS)

Once USCIS approves the I-129F petition, the case moves to the National Visa Center (NVC) under the Department of State. Here’s what happens next:

  1. Case Number Issued: NVC assigns a case number and forwards the petition to the U.S. Embassy or Consulate in the foreign fiancé(e)’s country of residence.
  2. Filing DS-160 Application: The foreign fiancé(e) must file the DS-160: Online Nonimmigrant Visa Application and schedule the visa interview at the designated U.S. Embassy or Consulate.
  3. Required Documents: The foreign fiancé(e) must bring the following documents to the visa interview:
    • Proof of the relationship (e.g., photos, evidence of communication)
    • Valid passport
    • Form I-134: Affidavit of Support (showing that the U.S. citizen can financially support the fiancé(e))
    • Completed medical exam by an approved physician
    • Police clearance certificates from any country where the fiancé(e) has lived for more than six months.
  4. Visa Interview & Approval: The consular officer will conduct an interview to verify the authenticity of the relationship. If the officer is satisfied, the K-1 visa will be issued. Once granted, the fiancé(e) has six months to use the K-1 visa to enter the U.S.

Step 3: Entry to the United States

Upon arrival in the U.S., the K-1 visa holder will be processed by Customs and Border Protection (CBP) at the port of entry. CBP will admit the K-1 visa holder into the U.S. for 90 days, during which time the marriage must take place. It is crucial that the K-1 visa holder marries the U.S. citizen petitioner within this 90-day window, or they may have to leave the U.S.

Step 4: Adjustment of Status After Marriage

After the marriage takes place, the foreign spouse must apply for permanent residency by filing Form I-485: Application to Register Permanent Residence or Adjust Status. This form allows the foreign spouse to change from non-immigrant (K-1 visa holder) to lawful permanent resident (green card holder).

Important Note on Conditional Residence:

  • If the green card is granted within 2 years of the marriage, the foreign spouse will receive conditional permanent residency, which is valid for two years.
  • If the green card is granted after 2 years of marriage, the foreign spouse will receive unconditional permanent residency, valid for 10 years.

During this process, the foreign spouse can also apply for work authorization (Form I-765) and advance parole (Form I-131), which permits international travel while the green card is pending.

Step 5: Removing Conditions on Permanent Residence

If the foreign spouse is granted conditional permanent residency, they must remove these conditions before their two-year green card expires. This is done by filing Form I-751: Petition to Remove Conditions on Residence within the 90-day period before the second anniversary of receiving the conditional green card.

The couple must jointly file Form I-751 and provide evidence that the marriage is ongoing and genuine (e.g., joint bank accounts, lease or mortgage, shared bills, etc.). If the couple divorces before this filing, the foreign spouse may request a waiver, but they must prove that the marriage was entered in good faith.

Failure to file Form I-751 on time can result in the loss of permanent resident status and potential deportation.

Key Timelines to Remember:

  • K-1 Visa Validity: Once issued, the K-1 visa is valid for six months for entry into the U.S.
  • 90-Day Marriage Rule: After entering the U.S., the K-1 visa holder must marry the U.S. citizen petitioner within 90 days.
  • Adjustment of Status: After marriage, file Form I-485 as soon as possible to begin the green card process.
  • Removing Conditions: File Form I-751 within 90 days before the two-year anniversary of receiving conditional residency.

I-130 for Spouse Living Abroad

If your spouse is living abroad and you want to bring them to the U.S. as a lawful permanent resident, you’ll need to start with the Form I-130: Petition for Alien Relative. Here’s a step-by-step breakdown of the process:

Step 1: Filing Form I-130

  1. Download and Complete Form I-130:
    • Visit the USCIS website to download Form I-130.
    • Fill out all required information about yourself (the petitioner) and your spouse (the beneficiary).
  2. Gather Supporting Documents: You will need to gather essential documents to prove your citizenship or permanent resident status and the legitimacy of your marriage:
    • Proof of U.S. citizenship or permanent residency (e.g., U.S. passport, birth certificate, naturalization certificate, or green card).
    • Your marriage certificate to confirm the marital relationship.
    • Proof of termination of any previous marriages (divorce decrees or death certificates).
    • Passport-sized photos of both you and your spouse (as per USCIS photo specifications).
  3. Submit the Petition:
    • Mail the completed Form I-130, along with supporting documents and the required filing fee, to the appropriate USCIS lock-box or service center based on your location. Use the USCIS filing addresses to determine the correct mailing address.
    • Once received, USCIS will send you a Receipt Notice (Form I-797) confirming they have received your petition. Keep this notice for your records as it contains your case number.

Step 2: Wait for USCIS Approval

Once USCIS receives your I-130 petition, they will review it to determine whether your marriage is legitimate and meets eligibility criteria.

  1. Processing Time: Processing times can vary widely based on the service center handling your case, but it generally takes several months to over a year. You can track the status of your petition on the USCIS Case Status page using your case number.
  2. Possible Outcomes
    • Approval: If USCIS approves your petition, they will forward your case to the National Visa Center (NVC) for further processing.
    • Request for Evidence (RFE): If USCIS requires additional documentation, they will issue an RFE. It is crucial to respond promptly and thoroughly to avoid delays.
    • Denial: If the petition is denied, USCIS will explain the reasons for denial. You may be able to appeal the decision or refile with stronger evidence to support your case.

Step 3: NVC Processing

Once your petition is approved by USCIS, it moves to the National Visa Center (NVC)
for further processing.

  1. Receive NVC Case Number and Instructions: NVC will issue a case number and send instructions on how to proceed. You will be required to complete several additional steps before your spouse’s visa interview is scheduled.
  2. Pay Required Fees: Log into the Consular Electronic Application Center (CEAC) portal and pay:
    • The Immigrant Visa Application Processing Fee.
    • The Affidavit of Support Fee.
  3. Submit Immigrant Visa Application (Form DS-260):
    • Complete Form DS-260: Immigrant Visa Application through the CEAC portal. This form provides your spouse’s biographical information and is required to move forward with the visa process.
  4. Upload Supporting Documents: After completing Form DS-260, you’ll need to upload the following documents through the CEAC portal:
    • Affidavit of Support (Form I-864): This form is completed by the U.S. petitioner to show they can financially support their spouse.
    • Civil Documents: For the foreign spouse, this includes:
      • Birth certificate
      • Marriage certificate
      • Police certificates from any country where they have lived for six months or more since age 16.
      • Passport biographical page.
      • Any additional documents requested by the NVC.
  5. NVC Document Review
    • The NVC will review all documents submitted through the CEAC portal. If any documents are missing or incorrect, they will notify you to correct the issues.
    • Once all documents are verified, the NVC will schedule your spouse’s visa interview at the U.S. Embassy or Consulate in their home country.

Step 4: U.S. Embassy or Consulate Visa Interview

  1. Visa Interview Appointment: The U.S. Embassy or Consulate will send instructions to your spouse, detailing the date and time of the interview. Your spouse must prepare for the interview by gathering the required documents, including:
    • Form I-864 (Affidavit of Support)
    • Civil Documents (such as birth and marriage certificates)
    • Medical Examination results from a U.S. Embassy-approved doctor
    • Passport and recent passport-sized photos
    • Any additional evidence that supports the marriage’s legitimacy (photos, communications, etc.)
  2. Medical Exam: Before the visa interview, your spouse must complete a medical examination with an embassy-approved physician. The results will be sent directly to the embassy or consulate.
  3. Visa Interview Outcome: During the interview, the consular officer will ask questions to verify the relationship and ensure all required documentation is in order. If satisfied, the officer will approve the immigrant visa, allowing your spouse to enter the U.S. as a lawful permanent resident.

Step 5: Entering the United States

Once your spouse’s visa is approved, they will receive an Immigrant Visa Packet and have up to 6 months to enter the U.S. Upon arrival at a U.S. port of entry, Customs and Border Protection (CBP) will review their documents, and they will be admitted as a lawful permanent resident.

  • Shortly after entering, your spouse will receive their green card by mail, officially granting them permanent residency status.
Person reviewing a registration form marriage

Can I Request an Expedite of the I-130 Petition?

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.

  1. 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 would lose their job because they cannot travel for work, this could also be a reason for expedited processing.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here
  7. Write 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

  1. Write a formal letter or email to the NVC requesting expedite:
    • 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.
  2. 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.
  3. 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.
Couple signing immigration and marriage papers

Marriage Visa Alternatives

Bring Your Foreign Fiancé(e) or Spouse to the U.S. on a Dual Intent Work Visa: A Fast Track to Reunification

For U.S. citizens and permanent residents, the K-1 fiancé(e) visa or CR-1/IR-1 marriage visa process can be lengthy and costly, often taking years. However, an alternative exists bringing your partner to the U.S. on a dual intent work visa like the H-1B or L-1.

This route can be faster and less expensive, but it is crucial to meet specific requirements.

The employer will not pay for the marriage green card but if they agree to hire you in the U.S. on H1B or L1 they will pay all the government and legal fees.

This is the fastest and lowest cost option to reunite the couple in the U.S.!

What Are Dual Intent Visas?

Dual intent visas allow foreign nationals to work temporarily in the U.S. while also having the option to apply for a green card. Unlike tourist visas, these visas do not require proof of intent to leave the U.S. The H-1B visa (for skilled workers) and L-1 visa (for intra company transfers) are two key examples.

Eligibility Criteria for H-1B and L-1 Visas

H-1B Visa:

  • Job Offer: Must have a job offer in a specialty occupation from a U.S. employer.
  • Educational Requirements: Must hold at least a bachelor’s degree or equivalent in a related field.
  • Wage Requirements: The employer must offer the prevailing market wage for the position.
  • Visa Cap: Subject to an annual cap of 85,000 visas, allocated through a lottery system. The employer must first enter into the H1B lottery on behalf of the beneficiary. The lottery occurs in March every year and if chosen the earliest start date for work would be October 1st (can arrive in the U.S. 30 days prior).
  • Cap-Exempt Employers: Certain employers, like universities, non-profit organizations affiliated with institutions of higher education, non-profit or government research organizations, can hire H1B workers at any time without being constrained by the cap.

For more on which employers qualify as cap-exempt, see:

Job-Hunting Tools for H-1B Employers:

L-1 Visa:

  • Employment: Must have worked for the company abroad for at least one continuous year within the past three years.
  • Position: The role must be as an executive, manager, or in a position requiring specialized knowledge.
  • Company Relationship: The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate) with the foreign company.

Benefits of a Dual Intent Visa

  • Immediate Work Authorization: Your fiancé(e) or spouse can start working upon arrival.
  • Travel Flexibility: They can travel internationally without waiting for advance parole. Please see an immigration lawyer to discuss the details of travel while the I-485 is pending.
  • Speed: The H-1B visa process takes 3-6 months, and premium processing is available for an additional fee, which can get it done in as little as 15 days. The L-1 process is also rapid if the employer has an approved blanket petition, which makes the process even simpler.

Transition to a Marriage-Based Green Card

Once your fiancé(e) or spouse is in the U.S. on an H-1B or L-1 visa, you can pursue a marriage-based green card. This involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.

After the I-485 is approved, your spouse gains permanent resident status, allowing them to live and work indefinitely in the U.S.

To file the I-130, the petitioner must be a U.S. citizen or a U.S. permanent resident. If the petitioner is a U.S. citizen, the I-485 can be filed concurrently. If the petitioner is a permanent resident, the beneficiary can file the I-485 when the visa priority date is current. One major advantage is that your spouse can stay in the U.S. during the green card process, avoiding the long separation often associated with traditional visa applications.

Considerations and Challenges

While the dual intent visa route is faster, not all foreign fiancé(e)s or spouses will qualify for an H-1B or L-1 visa, as these have specific requirements.

The H-1B visa has an annual cap, so not all applicants are selected in the lottery. The L-1 visa, while not capped, requires a qualifying relationship between the U.S. and foreign offices of the sponsoring company and specific employment criteria. Consulting with an immigration lawyer is essential to determine eligibility and navigate the process effectively.

Travel documents and international marriage preparation

If Both You and Your Future Spouse Are Outside the United States

If both you and your future spouse are currently living outside the U.S., you have several options to consider depending on your plans. Whether you want to come to the U.S. to marry and stay, marry and return abroad, or even get married online, it is important to understand your choices and the immigration processes involved.

Option 1: K-1 Fiancé Visa (For Marrying in the U.S. and Staying)

If your plan is to come to the U.S. to marry and remain here, the K-1 fiancé visa is the best option. This visa allows your future spouse to:

  1. Enter the U.S. for the purpose of getting married.
  2. Marry within 90 days of entering the country.
  3. Adjust status to a permanent resident (green card holder) after the marriage.

Option 2: Marriage on a Tourist Visa With Return Abroad

If you simply wish to marry in the U.S. but do not plan to stay, such as for employment or family reasons abroad, you can marry while on a temporary visa, such as a tourist visa (B-2). However, there are important considerations:

  • Temporary Stay: You can marry in the U.S. but must return to your home country to apply for a green card through consular processing.
  • The 90-Day Rule: USCIS follows the “90-day rule,” which presumes visa fraud if you enter the U.S. on a temporary visa (like a tourist visa) and apply for a green card within 90 days of entry. To avoid issues, you must be clear that you intend to return abroad and not stay after marrying in the U.S.

This option works well if you plan to return abroad immediately after the wedding and apply for a green card from outside the U.S. while continuing your life abroad.

Option 3: Living Abroad After Marriage

If you intend to marry your spouse and live abroad for an extended period, this is also possible. The U.S. government will recognize marriages conducted abroad as long as they meet the local legal requirements and don’t violate U.S. laws regarding:

  • Parental consent (if applicable).
  • Divorce rules (ensuring all previous marriages have been legally terminated).

You can later file for a green card when you’re ready to move to the U.S., using consular processing through the I-130 petition.

Option 4: Online Marriage

Another option for international couples is to get married online. Certain U.S. states, like Utah, allow couples to marry remotely and receive a valid U.S. marriage certificate, even if both are abroad during the ceremony. However, keep in mind:

  • To use this marriage certificate in the U.S. immigration process, the marriage must be consummated (you must meet in person) before filing the I-130 petition for a green card.

This option is convenient for couples who need to marry quickly but can’t travel to the U.S. or another country for the ceremony. However, it is only useful for immigration purposes if followed by in-person consummation.

Regardless of where you marry, the U.S. citizen spouse must file Form I-130: Petition for Alien Relative with USCIS to start the process of bringing their spouse to the U.S. as a lawful permanent resident. Even if you’re living abroad, the I-130 must be filed with USCIS in the United States.

Once the I-130 is approved, your spouse can apply for an immigrant visa at the U.S. Embassy or Consulate in their home country through consular processing. This process can take 18 to 24 months from start to finish, depending on visa availability and processing times.

cross-cultural couple wedding celebration

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.

Special Considerations

Civil Marriages: For U.S. immigration purposes, only civil marriages are recognized. A valid marriage license must be issued by local or national authorities in the country where the marriage took place.

Non-Recognized Marriages: USCIS does not recognize certain types of marriages, even if they are valid in the place of celebration. These include:

  • Polygamous marriages
  • Underage marriages that do not meet the legal age of consent
  • Civil unions or domestic partnerships are not classified as marriages
  • Proxy marriages where one person was not present during the ceremony, unless the marriage is legal where it was celebrated and the couple consummated the relationship before filing the I-130.
  • Marriages entered into solely for immigration purposes

Same-Sex Marriages: Same-sex marriages are recognized by USCIS as long as the marriage was performed in a country or jurisdiction where same-sex marriage is legal. The validity of the marriage for immigration purposes is determined by the laws of the country where the marriage took place.

Marriage Fraud: USCIS takes marriage fraud very seriously. Entering into a marriage solely for immigration benefits is illegal and can lead to severe penalties, including:

  • Up to 5 years in prison
  • Fines of up to $250,000, or both

USCIS may require evidence proving the authenticity of your relationship (bona fides) during the application process or interview. This could include photos, joint financial records, or other proof of a genuine marital relationship.

Fun Fact: Weddings and Culture

Weddings in the U.S.: Planning a wedding in the U.S. can be an exciting opportunity to blend different cultural traditions. Whether you prefer a traditional American wedding or want to incorporate elements of your spouse’s culture, there is plenty of room for personalization.

Destination Weddings: Some couples choose destination weddings abroad for a unique and adventurous experience. If you marry abroad, ensure you comply with the local marriage laws so your marriage is legally recognized in the U.S.

Wedding Vendor Resources: Choosing the right vendors (e.g., caterers, photographers, venues) is crucial for making your wedding day memorable. Be sure to review contracts carefully and consider consulting legal professionals to ensure everything goes smoothly.

Important Reminder: Marrying for financial gain or immigration benefits is illegal. Be mindful of U.S. immigration laws to avoid serious legal consequences.

Couple paperwork for marriage & visa applications

FAQ: Common and Not-So-Common Issues

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24/7 Support, Just A Call Away!

IR1 and CR1 Spouse Visas: Process, Benefits, and Requirements
Engaged couple holding hands scenic view

This guide offers an in-depth overview of CR1/C21 (for marriages under two years) and IR1/F21 (for marriages over two years) spouse visas, with the latest timelines, costs, and requirements to help you navigate the process.

Important: Regularly check the Visa Bulletin for updates on visa availability and processing times.

Visa Categories Overview

CR1 Visa & C21 Visa

  • CR1 Visa: Conditional resident visa for spouses married to U.S. citizens for less than two years.
  • C21 Visa: Conditional resident visa for spouses married to U.S. Permanent Residents for less than two years.

Both CR1 and C21 visas grant conditional residency, requiring you to file to remove conditions after two years to obtain a 10-year green card.

IR1 Visa & F21 Visa

  • IR1 Visa: Immediate relative visa for spouses married to U.S. citizens for two years or more.
  • F21 Visa: Spousal visa for those married to U.S. Permanent Residents for two years or more.

IR1 and F21 visas grant immediate and unrestricted permanent residency upon entry to the U.S., with a 10-year green card that needs renewal.

Adjustment of Status Codes Explained

While this is getting a bit deep in the weeds, if you are applying for adjustment of status (Form I-485) through marriage to a US citizen or permanent resident (not applying for a spousal visa a the US embassy), then your green card will have slightly different immigrant visa categories codes.

Benefits of a Marriage-Based Green Card

Holding a CR1/C21 or IR1/F21 visa grants you permanent resident status, which
includes:

  • Travel: Freedom to travel in and out of the U.S. for certain periods of time.
  • Driver’s License: Eligibility for a U.S. driver’s license.
  • Banking: Ability to open U.S. bank accounts.
  • Work Authorization: Immediate ability to work in the U.S. without needing an Employment Authorization Document (EAD).
  • Education: Access to U.S. academic institutions without additional visas.

Visa Limits for Spouses of Green Card Holders

While there is no limit on the number of green cards available for spouses of U.S. citizens, there is a limit on C21 and F21 visas for spouses of green card holders. This can result in long waiting periods, 3-5 years or more, depending on your country of birth and the volume of applications.

Regularly check the USCIS Processing Times Calendar and Visa Bulletin for updates. The priority date, which is the date your petition is filed, plays a crucial role in determining your place in line and impacts the overall waiting time.

Spousal Visa Processing Time (as of September 2024)

  • CR1/IR1 Spouses of US Citizens: Average processing time is 18 months.
  • C21/F21 Spouses of Green Card Holders: Wait times can be 3-5 years or more.

Obtaining a visa number is crucial as it directly impacts the processing times and determines when the application can move forward.

Note: I-130 Average processing time is 12 months, depending on the service center.

CR1/IR1 Visa Requirements

You must choose between Adjustment of Status or Consular Processing, depending on
your location:

  • Adjustment of Status: For those applying within the U.S.
  • Consular Processing: For those applying from outside the U.S.

Understanding immigration law is crucial for navigating the complexities and requirements of the CR1/IR1 visa application process. For example, if the foreign national entered the U.S. on a non-immigrant visa such as a tourist visa or student visa, and then married within 90 days of arrival, USCIS may deny the marriage green card case, claiming that the applicant misrepresented himself when arriving on the non-
immigrant visa, while secretly harboring the immigrant intent.

Eligibility Requirements for Spousal Visas

  • Sponsor Requirements: Must be a U.S. citizen or legal permanent resident.
  • Marriage Proof: A valid marriage certificate is required, along with evidence of an authentic, bona fide relationship.
  • Financial Support: The sponsor must pledge financial support and file an affidavit of support when required (with the DS-260 at the National Visa Center when pursuing consular processing).
  • U.S. Domicile: The sponsor must live in the U.S. or prove intent to return. Special Considerations for Military Spouses.

Military spouses stationed abroad, can still be considered as having a U.S. domicile if they can show intent to return to the U.S. after deployment. Expedited processing may be available on a case-by-case basis, especially for imminent deployments. Additionally, there is the possibility of expedited processing for military spouses to ensure timely reunification.

Transitioning from Conditional to Permanent Residency

To switch from CR1/C21 to an unconditional green card with 10-year validity, you must file Form I-751, Petition to Remove Conditions of Residence within 90 days before the 2-year anniversary of your conditional residency.

Entering the U.S. on a Spousal Visa

Once approved, the visa is usually good for 6 months. You must enter the U.S. within that timeframe. Upon entry, your passport will be stamped with an I-551 stamp, which is temporary proof of permanent residency and work authorization until your physical green card arrives.

Factors Impacting Timeline

  • Country of Origin: Processing time can vary depending on the foreign spouse’s home country, especially if there are issues with the U.S. Embassy.
  • US Citizenship and Immigration Services and National Visa Center (NVC)
  • Workload: High volume of applications can delay processing at different stages.
  • Quality of Petition: Well prepared petitions with all documents and evidence can reduce the chances of RFEs.
  • External Factors: Natural disasters, changes in immigration policies, or other unforeseen events can impact the timeline.
  • Visa Priority Date Backlog for Spouses of Green Card Holders: While there is no visa quota for spouses of U.S. citizens, there is a quota for spouses of green card holders. Currently, the quota is about 3 years behind. Combined with USCIS processing delays for I-130s filed by green card holders, the case could take 3 to 5 years from door to door.

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.

  1. 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 would lose their job because they cannot travel for work, this could also be a reason for expedited processing.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
Couple holding US citizenship certificates

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:

  1. Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here.
  7. 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

  1. 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.
  2. 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.

  1. 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.
  2. 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.

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 l 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.

Expedite the Marriage Green Card Process

While this is getting a bit deep in the weeds, if you are applying for adjustment of status (Form I-485) through marriage to a US citizen or permanent resident (not applying for a spousal visa a the US embassy), then your green card will have slightly different immigrant visa categories codes.

Smiling couple holding passports and tickets

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:
    • 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.
    • Additional supporting documents, if requested by the embassy (e.g., proof of ongoing marital relationship, police certificates, etc.)

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.
visa application form with pencil & passport

Marriage Visa Alternatives

Welcome Your Foreign Fiancé(e) or Spouse to the U.S. on a Dual Intent Work Visa: A Fast Track to Reunification

For U.S. citizens and permanent residents, the K-1 fiancé(e) visa or CR-1/IR-1 marriage visa process can be lengthy and costly, often taking years. However, an alternative exists bringing your partner to the U.S. on a dual intent work visa like the H-1B or L-1. This route can be faster and less expensive, but it is crucial to meet specific requirements.

The employer will not pay for the marriage green card but if they agree to hire you in the U.S. on H1B or L1 they will pay all the government and legal fees. This is the fastest and lowest cost option to reunite the couple in the U.S.!

What Are Dual Intent Visas?

Dual intent visas allow foreign nationals to work temporarily in the U.S. while also having the option to apply for a green card. Unlike tourist visas, these visas do not require proof of intent to leave the U.S. The H-1B visa (for skilled workers) and L-1 visa (for intra company transfers) are two key examples.

Eligibility Criteria for H-1B and L-1 Visas

H-1B Visa:

  • Job Offer: Must have a job offer in a specialty occupation from a U.S. employer.
  • Educational Requirements: Must hold at least a bachelor’s degree or equivalent in a related field.
  • Wage Requirements: The employer must offer the prevailing market wage for the position.
  • Visa Cap: Subject to an annual cap of 85,000 visas, allocated through a lottery system. The employer must first enter into the H1B lottery on behalf of the beneficiary. The lottery occurs in March every year and if chosen the earliest start date for work would be October 1st (can arrive in the U.S. 30 days prior).
  • Cap-Exempt Employers: Certain employers, like universities, non-profit organizations affiliated with institutions of higher education, non-profit or government research organizations, can hire H1B workers at any time without being constrained by the cap.

For more on which employers qualify as cap-exempt, see:

  • USCIS Memo on H-1B Cap Exemption
    • Detailed Explanation of H-1B Cap Exemption
    • Nonprofits and H-1B Quota
  • Job-Hunting Tools for H-1B Employers:
    • MyVisaJobs: H-1B Friendly Employers
    • Ultimate H-1B Sponsor Checker
      • Aitou.io: H-1B Employer Search
      • F1Hire: H-1B Job Search
  • L-1 Visa:
    • Employment: Must have worked for the company abroad for at least one continuous year within the past three years.
    • Position: The role must be as an executive, manager, or in a position requiring specialized knowledge.
    • Company Relationship: The U.S. employer must have a qualifying relationship (parent, subsidiary, affiliate) with the foreign company.
  • Benefits of a Dual Intent Visa
    • Immediate Work Authorization: Your fiancé(e) or spouse can start working upon arrival.
    • Travel Flexibility: They can travel internationally without waiting for advance parole. Please see an immigration lawyer to discuss the details of travel while the I-485 is pending.
    • Speed: The H-1B visa process takes 3-6 months, and premium processing is available for an additional fee, which can get it done in as little as 15 days. The L-1 process is also rapid if the employer has an approved blanket petition, which makes the process even simpler.

Transition to a Marriage-Based Green Card

Once your fiancé(e) or spouse is in the U.S. on an H-1B or L-1 visa, you can pursue a marriage-based green card. This involves filing Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status.

After the I-485 is approved, your spouse gains permanent resident status, allowing them to live and work indefinitely in the U.S. To file the I-130, the petitioner must be a U.S. citizen or a U.S. permanent resident. If the petitioner is a U.S. citizen, the I-485 can be filed concurrently. If the petitioner is a permanent resident, the beneficiary can file the I-485 when the visa priority date is current.

One major advantage is that your spouse can stay in the U.S. during the green card process, avoiding the long separation often associated with traditional visa applications.

Considerations and Challenges

While the dual intent visa route is faster, not all foreign fiancé(e)s or spouses will qualify for an H-1B or L-1 visa, as these have specific requirements. The H-1B visa has an annual cap, so not all applicants are selected in the lottery. The L-1 visa, while not capped, requires a qualifying relationship between the U.S. and foreign offices of the sponsoring company and specific employment criteria. Consulting with an immigration lawyer is essential to determine eligibility and navigate the process effectively.

Upgrading a Petition

If a sponsor becomes a U.S. citizen after filing a petition as an LPR, they must upgrade the petition to immediate relative (IR) status by providing proof of citizenship, such as a passport biodata page or certificate of naturalization.

Derivative Status for Children

Important Note: In immediate relative (IR) petitions, children do not get derivative status like they do in the family second preference (F2) category. Separate petitions must be filed for each child.

Happy couple shaking hands holding a visa

Spousal Visa Cost

  • Form I-130: $675 (with $50 discount for online filing).
  • Immigrant Visa Application (DS-260): $325.
  • Medical Exam: Varies by country (e.g., $48 in Buenos Aires, $275 in Hanoi).
  • Vaccination Fees: Varies
  • Affidavit of Support (Form I-864): $120.
  • Document Preparation: Expenses related to obtaining and translating required documents such as birth certificates, marriage certificates, and police records.
  • USCIS Immigrant Fee: $235 Travel Expenses: Costs for the foreign spouse’s travel to the U.S. and any travel related to consular interviews can vary widely.
  • Legal Assistance: Hiring an attorney or using services will add to your total costs depending on the complexity of your case.
  • Passport and Photos: If the foreign spouse does not already have a passport, this will need to be acquired, along with passport photos that meet specific requirements.
  • Other Costs: Translations, documents, travel expenses, and more.
  • Removal of Conditions for CR1/C21 Visa
    • Fees for removing conditions: $750 for Form I-751.

Tip: Plan for these expenses to avoid delays.

Total Cost: Government fees are fixed but the total cost for CR1/C21 and IR1/F21 visa can range from $2,000 to $8,000 depending on your situation and if you hire professional services.

Spousal Visa Application Process

Step-by-Step Guide

  1. File Form I-130 with US Citizenship and Immigration Services: Start the process by filing Form I-130, Petition for Alien Relative, to establish the relationship between the U.S. citizen or LPR sponsor and the foreign spouse.
  2. Wait for a Visa Number: If the sponsor is a U.S. citizen, a visa number is available immediately. If the sponsor is an LPR, the foreign spouse will wait for a visa number to become available depending on the home country.
  3. Submit Forms DS-260 and DS-261: After Form I-130 approval, the case is transferred to the National Visa Center (NVC) where the foreign spouse will submit Form DS-261 (Choice of Address and Agent) and Form DS-260 (Immigrant Visa Application). These forms are submitted online, and fees apply.
  4. Medical Exam and Fingerprinting: Before the consular interview, the foreign spouse must undergo a medical exam with a U.S. Department of State-approved doctor and attend a fingerprinting appointment. The results of these exams will be presented at the visa interview.
  5. Consular Interview: The final step is the visa interview at the U.S. consulate or embassy. This interview verifies the marriage. If successful, the visa is usually granted immediately after the interview.

Affidavit of Support

  • Age Requirement: The U.S. sponsor must be at least 18 years old to sign the Affidavit of Support (Form I-864 or I-864EZ), a required document to show financial support for the spouse.
  • Rights and Protections Pamphlet
    • Must Read: Before the visa interview, applicants should read the “Rights and Protections” pamphlet which covers protections in the U.S. for domestic violence, sexual assault and child abuse. The consular officer will summarize this during the interview.

What to Do After You Get Your Visa

  • Enter the U.S.: The visa holder must enter the U.S. within 6 months of the visa issuance date. Upon arrival, bring all the documents.
  • Green Card: The green card will arrive within 2-3 weeks after entry. For CR1 visa holders, you must remove the conditions within 90 days before the 2-year anniversary of entry.
  • Renewal and Citizenship: IR1/F21 visa holders must renew green card every 10 years or apply for U.S. citizenship after 3 or 5 years depending on the spouse’s status.

Post-Approval

  • Port of Entry: A visa allows a foreign citizen to travel to the U.S. port of entry. However, entry is not guaranteed, and the final decision is with U.S. Customs and Border Protection (CBP) officials.
  • Social Security Number: If you checked yes to receive your Social Security Number automatically, it will arrive by mail about 6 weeks after your admission to the U.S. Otherwise you must apply after you arrive.
  • Work Authorization: Granted immediately with CR1/C21 visa. Your stamped passport is a temporary green card.
US immigration officer desk with stamps & flag

Removing Conditions

File Form I-751 to transition from a CR1/C21 visa to a permanent green card. You must file within the 90-day period leading up to the expiration of the CR1 green card. If filed too early, USCIS will send it back, if filed too late (without an excuse) your application will be denied.

You will need to provide proof of an ongoing marriage. Evidence may include:

  • Joint bank statements
  • Birth certificates of children born during the 2-year period
  • Property deeds with both names on them
  • Annotated Photos from the period
  • Evidence of cohabitation: bills, lease
  • Text messages between the couple

In addition to the fees, you will need to provide a copy of your Conditional Residence green card (front and back).

Renewal of Green Card or Citizenship

After 10 years, IR1 visa holders must file Form I-90 to renew their green card. This can be done online or by mail, with the current green card and a fee.

After 3 years of continuous residence for spouses of U.S. citizens (or 5 years for spouses of LPRs) you may apply for U.S. citizenship. This involves showing continuous residence and passing a citizenship test.

Permanent Residency

  • Staying in the U.S.: As a lawful permanent resident you are expected to maintain your primary residence in the U.S. Extended stays abroad, especially over 6 months, can raise questions about your intent to maintain residency. If you plan to be abroad for a year or more, it is recommended to apply for a re-entry permit before departure to avoid problems upon return.
  • Returning Resident Visa (SB-1): If your stay abroad is more than 1 year, you may need to apply for a Returning Resident Visa (SB-1) to re-enter the U.S. This requires proving that your extended stay was due to unforeseen circumstances and that you never intended to abandon your U.S. residency. This is not easy to do. The better strategy is before leaving the U.S., apply for a re-entry permit, which upon approval will allow you to stay outside the U.S. for 2 years.

Important Considerations

  1. Incomplete or Incorrect Information
    • Problem: One of the most common reasons for delays or denial is filing an incomplete or incorrect Form I-130.
    • Solution: Check twice before filing; ensure names, dates, and other details match the official documents.
  2. Not Sufficient Evidence of Bona Fide Marriage
    • Problem: USCIS will issue a Request for Evidence (RFE) if they think the marriage is not real.
    • Solution: Provide several pieces of evidence, such as joint bank statements, property leases, utility bills, photos together, and affidavits from friends and family.
  3. Sponsor’s Income Not Sufficient
    • Problem: The sponsor does not meet the minimum income requirement to support the spouse.
    • Solution: Consider having a joint sponsor who meets the income requirement and file Form I-864A if needed.
  4. Prior Marriage Not Terminated Properly
    • Problem: If either spouse was previously married, USCIS requires proof that the prior marriage was terminated.
    • Solution: File a divorce decree, annulment order, or death certificate to prove the end of the previous marriage.
  5. Applicant’s Criminal History
    • Problem: A criminal record may be an issue during the I-130 process.
    • Solution: Provide all relevant documents, including court records, and be prepared to explain.
  6. Sponsor’s Status Change
    • Problem: If the sponsor’s immigration status changes during the process (e.g. from LPR to U.S. citizen) the petition may need to be upgraded.
    • Solution: Notify USCIS and file proof of the new status, such as a naturalization certificate.
  7. Age Discrepancies
    • Problem: Large age differences between spouses can sometimes trigger more scrutiny.
    • Solution: Provide a strong case with more evidence of your relationship.
  8. Long Distance Marriage
    • Problem: If the spouses have not spent much time together in person, USCIS will question the relationship.
    • Solution: Provide evidence of ongoing communication, travel records, and a detailed explanation of your relationship history.
  9. Personal Information Discrepancies
    • Problem: Minor discrepancies in the spelling of names or other personal details between different documents.
    • Solution: Ensure all documents are consistent or provide an explanation for the discrepancies.
  10. Health Issues
    • Problem: Health issues, especially if the applicant has a communicable disease, can complicate the process.
    • Solution: Provide detailed medical records and be prepared to discuss potential waivers or treatments.
  11. Background Checks Delay
    • Problem: Background checks take longer than expected and delay the process.
    • Solution: Stay in touch with USCIS and provide any additional documents requested ASAP.
  12. Same-Sex Couples
    • Equal Treatment: Same-sex couples are treated the same as opposite-sex couples for immigration purposes.
    • Proof of Marriage: Same-sex couples should provide the same evidence as opposite-sex couples to prove the marriage is bona fide.

I-130 Interview Questions

  1. What is your spouse’s full name?
  2. How did you meet your spouse?
  3. When did you get married?
  4. Where did the wedding take place?
  5. How many people attended your wedding?
  6. Did you go on a honeymoon? If so, where?
  7. What is your spouse’s occupation?
  8. Where does your spouse work?
  9. How long has your spouse been at their current job?
  10. What is your spouse’s salary?
  11. Where does your spouse live?
  12. How many bedrooms are in your spouse’s home?
  13. Do you have any children together?
  14. Have you met your spouse’s family?
  15. What are your spouse’s parents’ names?
  16. Do you and your spouse have any pets?
  17. What is your spouse’s favorite food?
  18. What are your spouse’s hobbies?
  19. What do you and your spouse enjoy doing together?
  20. What was the last gift you gave to your spouse?
  21. What was the last gift your spouse gave you?
  22. Do you have joint bank accounts?
  23. Do you and your spouse have any shared property?
  24. Have you and your spouse taken any trips together?
  25. How often do you and your spouse communicate?
  26. What method of communication do you use with your spouse?
  27. What is your spouse’s phone number?
  28. What is your spouse’s email address?
  29. When was the last time you saw your spouse?
  30. How often do you visit your spouse?
  31. How long have you been in a relationship with your spouse?
  32. How long have you known your spouse?
  33. Where did your spouse grow up?
  34. What are your spouse’s siblings’ names?
  35. What religion does your spouse practice?
  36. What is your religion?
  37. Does your spouse speak your native language?
  38. Do you speak your spouse’s native language?
  39. What are your plans?
  40. Do you plan to have children?
  41. How do you plan to support your family financially?
  42. Who handles the finances in your relationship?
  43. Where do you see yourself living in five years?
  44. What was your first date like?
  45. Where was your first date?
  46. What are your favorite activities to do together?
  47. Does your spouse have any health issues?
  48. Do you or your spouse have any allergies?
  49. What did you do for your spouse’s last birthday?
  50. What did your spouse do for your last birthday?
  51. Have you met your spouse’s friends?
  52. What is your spouse’s favorite movie?
  53. What is your spouse’s favorite music?
  54. What is your spouse’s favorite sport?
  55. What is your spouse’s favorite color?
  56. Where did you and your spouse last go out to eat?
  57. Do you and your spouse have a joint insurance policy?
  58. What are your spouse’s political views?
  59. How do you handle disagreements?
  60. Who proposed, and how did it happen?
  61. What do you like most about your spouse?
  62. What does your spouse like most about you?
  63. What is your spouse’s favorite hobby?
  64. Where does your spouse like to shop?
  65. Does your spouse have any children from a previous relationship?
  66. How do you get along with your spouse’s children?
  67. What are your plans for the upcoming holidays?
  68. How do you and your spouse celebrate special occasions?
  69. What do you do on weekends?
  70. What is your spouse’s daily routine?

This guide has all the information and new details you need to navigate the CR1 and IR1 visa process. By knowing the requirements, preparing for common problems, and being ready for the interview questions, you can have a smooth and successful visa application.

hand over passports and tickets by agent

Spousal Visa FAQs

Navigating the spouse visa process requires understanding the requirements for both conditional and permanent marriage green cards. Being legally married, paying the filing fee, and attending medical exams are key steps for securing an IR1 or conditional resident spouse visa.

Consulting with immigration lawyers can streamline the process, ensuring all documents are accurately submitted for your immigrant visa and permanent resident card. Keep track of your visa’s expiration date and consider applying for U.S. citizenship when eligible.

The Herman Legal Group, with nearly 30 years of experience, is here to guide you through every step of your spousal visa journey.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

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

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.

Top view united states 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. Review USCIS Guidelines: Make sure your situation qualifies under USCIS expedite criteria.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. USCIS Ombudsman: If USCIS is not responding to your expedite request, file an inquiry with the USCIS Ombudsman which you can find here
  7. 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.

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  1. 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?
Multiple American flags waving

FAQs

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!

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 .

Couple consulting with an advisor

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.

shaking hands women man

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.

Woman reading a document

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

  1. 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.
  2. 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.”
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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. Read our next post to get started.

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24/7 Support, Just A Call Away!

Marriage Visa Lawyer

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

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.

Why Hire a Marriage Visa Lawyer?

Cost and Fees

Finding and Hiring a Lawyer

Legal Process and Documents

Special Cases and Situations

Other Questions

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:

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24/7 Support, Just A Call Away!

How to Set Up a Courthouse Wedding for Immigration Purposes in the US
Bride and groom's wedding shoes on wooden floor

Congratulations, you’re getting married! If you are looking to avoid the high costs and complexities of a traditional wedding, a courthouse wedding—also known as a civil wedding, civil union, or civil ceremony – can be a perfect choice.

A courthouse wedding is different from a religious ceremony, which is typically led by a religious official and involves various rituals and traditions. Instead, a courthouse wedding is a non-religious event conducted by a legal official, such as a judge or court clerk. This type of wedding creates an official record of your marriage, resulting in a marriage certificate.

One of the greatest advantages of a courthouse wedding is that it does not prevent you from having a larger, more traditional celebration later. Many couples choose a simple courthouse ceremony to meet the legal requirements, especially for immigration purposes. Once the legalities are taken care of, you can plan a bigger religious wedding with friends and family later. This approach allows you to handle the necessary paperwork first and still enjoy a grand celebration when the time is right.

Benefits of Courthouse Weddings for Immigration

Cost Saving

  • Affordable: Courthouse weddings are significantly cheaper than traditional weddings which can cost around $33,000.
  • Low Fees: You only need to pay for the marriage license and ceremony, typically under $100.
  • Financial Relief: Savings can be allocated towards visa application fees, legal fees, and travel costs.

Fast Track

  • Quick Setup: Obtain a marriage license in a matter of days and schedule the ceremony soon after.
  • Fast Ceremonies: Ideal for meeting immigration deadlines, such as the 90-day window for K-1 fiancé(e) visa holders.
  • Rush: Courthouse weddings are quicker to plan and execute, catering to urgent immigration timelines.

Less Paperwork

  • Official Document: A certified marriage certificate simplifies proof of a good faith marriage.
  • Easy Process: Recognized by immigration authorities, reducing the effort needed to gather documents for visa applications and status adjustments.
  • Minimal Documents: Less paperwork is required for immigration applications.

To ensure all necessary documents and items are prepared, it is important to have a courthouse wedding checklist.

Courthouse Wedding Requirements

Required Documents

  • ID: Valid government issued ID (driver’s license, passport, or state ID).
  • Proof of Legal Presence: Valid visa, green card, or employment authorization document.
  • Divorce/Death Certificates: Proof of previous marriage termination if applicable.

State Specific Requirements

  • Florida’s Premarital Course: In Florida, residents must either take a 4-hour premarital preparation course or wait three days before the marriage license becomes effective. Completing the course within a year of getting the marriage license can waive the waiting period and reduce the fee from $86 to $61.
  • Note: Other states may have different requirements, so check with your local county clerk’s office.

Waiting Periods and Expiration Dates

  • Jurisdiction Specific: Waiting periods range from a few days to several weeks. For instance, Florida has a 3-day waiting period unless a premarital preparation course is taken.
  • Expiration Dates: Marriage licenses expire within 30 to 90 days. Schedule the ceremony before expiration.

Age Requirements

  • Legal Age: 18 to 21 without parental consent.
  • Parental Consent: Required for couples under legal age in some states.

Witness Requirements

  • Number of Witnesses: One or two depending on the jurisdiction.
  • Legal Age: Witnesses must be of legal age and provide ID if required.

Important! All parties must consent to the marriage and be mentally capable of understanding they are getting married.

How to Get Married at the Courthouse

Step 1: Choose Your Location

  • Local vs. Destination: Decide if you want to get married in your hometown, another city, or at a city hall. Research local regulations and requirements for marriage licenses and ceremonies.
  • Special Meaning: Choose a location that holds special meaning to your relationship, such as where you met or fell in love. It can also be the first stop on your honeymoon.

Step 2: Check Marriage License Requirements

  • Research Requirements: Each city/county has different requirements. Some states have a waiting period between obtaining your marriage license and the ceremony.
  • Expiration Dates: Ensure the marriage license’s expiration date is after your wedding date.

Step 3: Apply for the Marriage License

  • Visit Courthouse: Apply at the local courthouse or county clerk’s office.
  • Bring Documents: Valid ID, proof of legal presence, divorce/death certificates (if applicable).
  • Pay Fees: Marriage license fees vary by jurisdiction, usually under $100. In some states, the fee can be reduced if you take a premarital preparation course.
  • Payment Forms: Some city halls only accept specific payment forms like credit cards or money orders. Check this ahead of time.

Step 4: Get All Your Ducks in a Row

  • Documents: Assemble a packet with your marriage license, identification forms, and payment for the ceremony. A valid passport is acceptable even if you do not have lawful immigration status in the US.
  • Witnesses: Ensure you have the required number of witnesses, usually one or two.
  • Essentials: Verify accepted payment forms and bring necessary paperwork to the courthouse.

Step 5: Choose Your Wedding Date and Plan for It

  • Make an Appointment: Depending on the city or county, you may be able to make an appointment for your ceremony in advance. Some courthouses allow walk-ins, but making an appointment ensures your preferred date.
  • Plan Your Day: Consider outfits, guest lists, and personal touches to make the day special. Whether you prefer traditional wedding attire or something more casual, the key is to feel good in what you wear.
  • Photography: Check if photos or videos are allowed during the ceremony.
  • Legal Stuff: Understand all the legal requirements in your jurisdiction. Some places may require specific forms of documentation or waiting periods before you can get married.

Step 6: Show Up and Get Married!

Be Here: Be present in the moment. A courthouse wedding ceremony usually takes 20 minutes.

Sign the Certificate: You and your spouse will sign the marriage certificate, making your marriage official.Post-Ceremony: Plan a celebration that suits your style, whether dinner, a small gathering, or big party.

couple's hands wedding rings, symbolizing marriage

Courthouse Wedding Details (Ceremony Outline)

  • Introduction: The officiant will welcome you, your partner, and any guests.
  • Declaration of Intent: The officiant will ask each of you to confirm your intention to marry.
  • Vows: Choose from traditional vows, write your own, or opt for none.
  • Ring Exchange: Optional but common.
  • Declaration of Marriage: The officiant will pronounce you married
  • Sign the Marriage License: Sign in front of witnesses (if required) and the officiant.
  • Conclusion: The officiant may offer congratulations or a reading.

Will a Small Courthouse Wedding Hurt My Green Card Chances?

A small courthouse wedding will not harm your green card chances. However, there are key points to consider to make your application as strong as possible.

Key Points

  • Genuine Relationship: USCIS is  concerned with the authenticity of your marriage. A small wedding is fine as long as it is clear your marriage is genuine and not just for immigration benefits.
  • Special and Respectful Ceremony: Make the ceremony special and respectful to show the seriousness of your commitment. Dress nicely and avoid casual clothes like T-shirts and jeans.
  • Invite Family and Friends: If possible, invite close family members and friends. This adds meaning to the event and provides additional witnesses to your relationship.
  • Document the Day: Take lots of photos and videos of the ceremony and any post-wedding celebrations. These can be useful evidence when you submit your green card application.

Bona Fide Marriage Evidence

  • Joint Documents: Collect joint leases, mortgages, bank accounts, and tax returns.
  • Photos and Affidavits: Provide photos from various life events and affidavits from friends and family about your relationship.
  • Daily Life Evidence: Show you’re building or have built a life together, such as living together, having kids, and sharing responsibilities.

Prepare for the Interview

  • Study the Questions: Look up the most common questions and prepare your answers.
  • Watch Out for Traps: Be aware of common interview pitfalls and ensure your answers demonstrate your relationship’s genuineness.

Who Can Get Married?

  • Age: Both partners must be at least 18 years old to get married without parental consent. Minors can get married with parental consent and in some states, a court order.
  • Prohibited Marriages: Marriages between close relatives such as siblings, half-siblings, parents, grandparents, children, grandchildren, aunts, uncles, nieces, or nephews are not allowed. Some states also prohibit marriages between first cousins and certain step-relatives.

Do States Require Blood Tests?

Most states no longer require blood tests before marriage. As of 2022, New York is the only state that requires a blood test for certain ethnic groups to screen for sickle cell anemia.

Why Do We Need a Marriage License?

  • Legal Verification: A marriage license verifies your identity and makes sure you meet the age and other state requirements for marriage.
  • Official Record: It initiates the process of documenting and recording your marriage with the authorities.
  • Legal Requirement: In most states, a marriage license is required to get married. Some states fine anyone who performs a wedding without one.

What are the waiting periods between obtaining a marriage license and holding the ceremony?

Waiting periods vary between states and can range from one to several days. They are intended to prevent impromptu weddings and give couples time to prepare for marriage.

How can I obtain a certified copy of my marriage certificate if I have lost the original?

You can obtain a certified copy of your marriage certificate by contacting the office where you obtained your marriage license. Alternatively, you can request a copy from the State Office of Vital Records. The National Center for Health Statistics provides state-specific information on how to request a copy.

Bride groom walking after wedding ceremony

State Marriage License and Requirements Comparison

State-by-State Marriage License Requirements Chart-1
State-by-State Marriage License Requirements Chart-2
State-by-State Marriage License Requirements Chart-3
Bride Groom Holding Hands with Wedding Rings

Accessing State-by-State Links for Marriage License Requirements

To ensure you have the most accurate and up-to-date information, check the state-by-state links provided below for specific marriage license requirements and related details:

Get Expert Immigration Support

Courthouse weddings offer a unique charm and intimacy that many couples find irresistible. They are straightforward, personal, and budget-friendly, making them ideal for those who prefer a simple, low-key celebration over a grand affair.

By recognizing the key differences between courthouse and traditional weddings, focusing on what matters most, adding your personal touches, and planning meaningful post-ceremony celebrations, you can create a memorable event that beautifully tells your love story.

At Herman Legal Group, we are dedicated to supporting you with all your immigration needs. Let us make your journey smoother and more straightforward. Reach out to us today at +1-216-696-6170 or fill out our contact form to schedule a consultation and explore how we can assist you.

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24/7 Support, Just A Call Away!

Adjustment of Status Timeline and Fees: Forms and Processing Times
waving American flag symbolizing immigration

What is Adjustment of Status (AOS)?

Adjustment of Status (AOS) allows non-U.S. citizens already in the United States on a temporary visa to apply for lawful permanent resident status (green card) without leaving the country. It is a common pathway for transitioning from non-immigrant status, such as H-1B or L-1, to immigrant status. Once approved, the applicant receives an I-551 permanent resident card, allowing them to live and work in the U.S. permanently.

One significant advantage of AOS is the ability to remain in the U.S. during the green card application process, even if the current visa expires before the process is complete. This is especially beneficial for those who prefer not to return to their home country for consular processing.

Form I-485: Adjustment of Status Application

Purpose of Form I-485: The 20-page Form I-485 is the main document in the adjustment of status process. It is used by individuals in the U.S. who want to change their status to that of a lawful permanent resident. This form is required for family-based, employment-based, and other types of green cards and involves payment of standard filing fees, including the USCIS filing fee and the biometrics fee.

Concurrent Filing: Immediate relatives of U.S. citizens can file Form I-485 simultaneously with Form I-130, potentially speeding up the process and facilitating a quicker transition.

Update: Beginning August 19, 2024, certain undocumented spouses of U.S. citizens can apply for Parole in Place (PIP) and adjust their status to a marriage-based green card even if they entered the US without legal admission or inspection (without a visa or parole) and would normally be not eligible for adjustment of status. If this applies to you, learn how to apply for PIP.

AOS vs Consular Processing

  • Adjustment of Status (AOS): Allows applicants to stay in the U.S. while their green card is processed.
  • Consular Processing: Requires applicants to apply for their green card from outside the U.S., processed by the nearest U.S. consulate or embassy.

Both have their own timelines, forms, and costs, but the eligibility requirements are the same. AOS is usually preferred by those who don’t want to go through the travel, expense and hassle of consular processing.

Dealing with USCIS stateside is usually better than dealing with the Embassy. Many U.S. Embassies are non-communicative, non-collaborative and sometimes hostile. In advocating for AOS, applicants have many tools at their disposal (Courts, Congress, USCIS Ombudsman, etc.) Most of those or similar tools have limited or no impact on Embassy actions.

Woman waiting for immigration processing

Who is eligible for Adjustment of Status?

To be eligible for AOS, applicants must meet specific criteria:

  • Presence in the U.S.: Must be physically present in the U.S. when filing the application and remain in the U.S. until the process is complete (unless granted permission to leave, such as through Advance Parole).
  • Lawful Entry: Must have entered the U.S. lawfully, meaning they were admitted or paroled into the country with valid documentation and had a face-to-face interaction with an immigration officer.
  • Visa Availability: An immigrant visa (green card) must be available. Immediate relatives of U.S. citizens (spouses, children or parents), usually have visas immediately available, while those in family preference categories (such as a sibling of a US citizen), may need to wait for visa availability as determined by the U.S. Department of State’s Visa Bulletin.

Note: Must have entered the U.S. with a valid visa or under the Visa Waiver Program to be eligible for AOS. The Visa Waiver Program allows citizens of 40 participating countries to travel to the U.S. for business or tourism for up to 90 days without a visa.

Eligible for an Immigrant Visa

To adjust status, you must be eligible for an immigrant visa. Eligibility is typically based on an approved immigrant petition, but various categories under U.S. immigration law can make you eligible. Here is an expanded list:

  1. Family-Based
    • 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 21 or older)
    • Other Family Members:
      • Unmarried adult sons and daughters of U.S. citizens
      • Married sons and daughters of U.S. citizens
      • Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 or older)
      • Spouses and unmarried children (under 21) of lawful permanent residents (LPRs)
      • Unmarried sons and daughters (21 and older) of LPRs
    • Fiancé(e) of U.S. Citizens: Individuals engaged to U.S. citizens and entering the U.S. on a K-1 visa.
    • Widow(er)s of U.S. Citizens: Surviving spouses of U.S. citizens who were married at the time of the citizen’s death.
    • VAWA Self-Petitioners: Spouses, children, or parents who are victims of domestic violence by a U.S. citizen or LPR.
  2. Employment-Based
    • EB-1: Priority Workers
      • Individuals with extraordinary ability in sciences, art, education, business, or athletics
      • Outstanding professors and researchers
      • Multinational executives and managers
    • EB-2: Advanced Degree Professionals and Persons of Exceptional Ability
      • Professionals with advanced degrees or exceptional abilities in the art, sciences, or business
      • Individuals whose employment is in the national interest of the U.S.
    • EB-3: Skilled Workers, Professionals, and Other Workers
      • Skilled workers with at least two years of training or experience
      • Professionals with a U.S. bachelor’s degree or equivalent
      • Other workers performing unskilled labor
    • EB-4: Special Immigrants
      • Religious workers
      • Certain international employees and their families
      • Employees of international organizations and NATO
      • Special immigrant juveniles (SIJ)
      • Broadcasters
      • Members of the U.S. armed forces
      • Certain Afghan and Iraqi nationals who supported U.S. operations
    • EB-5: Immigrant Investors
      • Individuals who invest $1 million (or $500,000 in targeted employment areas) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers
  3. Diversity Visa
    • Diversity Immigrants: Individuals selected through the Diversity Visa Lottery to increase immigration from countries with historically low rates of immigration to the U.S.
  4. Other Categories
    • Asylees and Refugees: Asylees and refugees who have been in the U.S. for at least 1 year and want to adjust status.
    • Individuals under NACARA: Nationals from certain countries in Central America and former Soviet bloc countries who may be eligible to adjust status under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
    • T and U Visa Holders: Victims of human trafficking (T visa) and victims of crimes (U visa) who cooperate with law enforcement.

Dependent Eligibility

Spouses and children of applicants in these categories may also adjust status based on their relationship to the principal applicant.

Bars to Adjustment of Status

Some circumstances or actions can make an applicant ineligible to adjust status. These ineligibilities are called “bars” and are based on specific grounds in the Immigration and Nationality Act (INA). Knowing these bars is important because they can prevent you from becoming a lawful permanent resident.

Common Bars to Adjustment of Status

  • Unlawful Immigration Status at the Time of Filing: Applicants not in lawful immigration status on the date they filed Form I-485 may be barred from adjusting status. This includes individuals who overstayed their visa or were present in the U.S. without authorization. 
  • Failure to Maintain Continuous Lawful Status: If you failed to maintain lawful status continuously since your last entry into the U.S., you might be barred from adjusting your status. This means any gaps in your lawful status could affect your eligibility.
  • Unauthorized Employment: Working without authorization from USCIS can bar you from adjusting your status. This applies to those who worked without proper documentation, including those unauthorized to work under their visa status. 
  • Entry as a Crewman: Non-citizens admitted to the U.S. as crewmen (D-1 or D-2 visa holders) are generally barred from adjusting their status, as their entry was for a temporary employment-related purpose.
  • Entry Without a Visa Under the Visa Waiver Program: Non-citizens who entered the U.S. under the Visa Waiver Program (VWP) are typically barred from adjusting their status unless they are immediate relatives of U.S. citizens. The VWP allows citizens of certain countries to enter the U.S. without a visa for short stays, but it comes with strict conditions, including a bar on adjusting status.
  • Admission as a Transit Without Visa (TWOV): Individuals admitted as a TWOV, where they were allowed to transit through the U.S. without a visa (except C-1 visa holders), are also barred from adjusting status. This category typically applies to those traveling through the U.S. in route to another country.
  • Involvement in Terrorist Activity: Any individual deportable for engaging in or supporting terrorist activities is barred from adjusting status. This is one of the most severe bars and includes a broad range of activities that could be interpreted as support for terrorism.
  • Violations of the Terms of a Nonimmigrant Visa: Non-immigrants who violate the terms of their visa, such as overstaying or engaging in unauthorized employment, may be barred from adjusting their status. This bar is closely related to unauthorized employment but is broader, encompassing any violation of visa terms.

Overlapping Bars

In some cases, more than one bar may apply. For example, if you overstayed your visa and worked without authorization, you may be subject to multiple bars. Each bar must be addressed in the adjustment of status process, and exemptions or waivers must be explored if available.

Exemptions and Waivers from Bars

Congress has provided exemptions from certain bars to adjustment of status for specific categories of immigrants, including:

  • Immediate Relatives of U.S. Citizens: Includes spouses, parents, and unmarried children under 21 of U.S. citizens, exempt from several bars, including unlawful status and unauthorized employment.
  • VAWA Self-Petitioners: Exempt from many bars that would otherwise apply.
  • Special Immigrants: Certain special immigrants, such as religious workers and special immigrant juveniles, may be exempt from specific bars.
  • INA 245(k) Exemption: Employment-based applicants in the first, second, third, and certain fourth preference categories may qualify for an exemption under INA 245(k). This applies if you have not violated your non-immigrant status, worked without authorization, or failed to maintain lawful status for more than 180 days since your last lawful admission.

Waivers

If barred from adjusting status, you must determine if you are eligible for a waiver of inadmissibility. Waivers are granted on a case-by-case basis and often require showing that denial of adjustment would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.

Green card symbolizing adjustment of status

How to get a green card through Adjustment of Status

Step 1: Check Your Eligibility: Ensure your current visa status allows AOS. Confirm that there are no disqualifications, such as unauthorized employment or unlawful entry. Some exceptions or waivers may apply, so consult an immigration attorney if necessary.

It should be noted that overstay and unauthorized employment are not bars to adjustment of status for those who are being sponsored by a US citizen immediate relative such as spouse, adult child, or parent on behalf of a minor/unmarried child.

Step 2: File an Immigrant Petition: Depending on the category, file the appropriate form (e.g., Form I-130 for family-based, Form I-140 for employment-based, Form I-730 for humanitarian immigration or Form I-601 for special juveniles).

Step 3: Wait for Approval and Visa Availability: For those in family preference categories, monitor the Visa Bulletin to know when your priority date becomes current.

Step 4: File Form I-485: Once your priority date is current, file Form I-485 to officially start the AOS process.

Step 5: Set-Up Online Account with USCIS: Follow the instructions on the I-797 receipt that USCIS issues when they receive your I-485. It will have directions on how to set-up an online account for your I-485 so that you can receive immediate notification of any developments on your case. This is beneficial as physical mail is sometimes lost or not delivered. Also, if you want to upload additional information, you can do so on your online account.

Step 6: Biometrics Appointment: After filing Form I-485, you will be scheduled for a biometrics appointment where USCIS will take your fingerprints and other biometric information.

Step 7: Interview (if required): Some applicants may need to attend an interview at a USCIS office to verify information and eligibility. Bring all the original documents and be prepared to answer questions.

Step 8: Submit Additional Evidence if Requested: USCIS may request additional documentation to support your application. Respond to any Request for Evidence (RFE) or Notice of Intent to Deny as soon as possible to avoid delays.

Step 9: Get the Decision: USCIS will notify you in writing. If approved, your status will be adjusted to lawful permanent resident, and your green card will be mailed to you. In the meantime, if you need evidence of your permanent residency to travel, for employment or for a driver license application, you can also set-up an Info Pass appointment with USCIS, requesting an I-551 ADIT stamp which is temporary evidence of your status.

How much does adjustment of Status Cost?

  • I-130 Petition: $675
  • I-485 Application: $1,440 (includes biometrics fee)
  • Children Under 14 Filing with one Parent: $950
  • Total Estimated Cost: Approximately $2,115, additional costs for employment and travel authorization applications (which are pricey).

Additional Forms: Work authorization and advance parole applications cost an additional $1,150 ($520 for I-765 work authorization and $630 for I-131 advance parole). Therefore, the total government fee for the AOS package, excluding medical costs, is $3,265.

Additional Costs:

  • Passport Photos: Required for the application.
  • Translation Services: If documents are not in English, certified translations are required.
  • Optional Legal Assistance: Attorney fees range from $3,000 to $7,000 depending on your case.

Adjustment of Status Timeline

The AOS process typically takes 6 to 18 months after filing Form I-485. However, this can vary based on several factors:

  • USCIS Workload: Processing times fluctuate based on the number of applications USCIS is handling.
  • Interview: If required, this will extend the timeline.
  • Request for Evidence: Additional documentation requests can delay the process.
  • Waiting Period: For those in family preference categories, waiting for the visa availability to become current can add to the overall timeline.

Documents Required for Adjustment of Status

Key documents include:

  • Form I-485: Application to Register Permanent Residence or Adjust Status.
  • I-94 Arrival/Departure Record: Showing your lawful entry into the U.S.
  • Birth Certificate:  As proof of your identity and nationality.
  • Immigrant Petition: Copy of your approved Form I-130, I-140 or I-730 depending on your green card category.
  • Marriage Certificate: If applying based on marriage to a U.S. citizen or permanent resident.
  • Form I-130A: Biographic Information if applying based on spousal relations.
  • Form I-864: Affidavit of Support, showing your sponsor can financially support you.
  • Employment Documents: If applying based on employment, include job offer letter and any previously issued employment authorization documents (EAD).
  • Medical Examination Results: Form I-693, Report of Medical Examination and Vaccination Record, sealed by a USCIS-approved doctor.
  • Passport Photos: Two passport-sized photos that meet USCIS photo requirements.
  • Optional Forms: Form I-765 for employment authorization and Form I-131 for a travel document.
Woman checking immigration processing times

Disqualifiers for Adjustment of Status

You may be disqualified from AOS:

  • Unlawful Entry: Entering the U.S. without inspection or a valid visa will make you inadmissible.
  • Unauthorized Employment: Working in the U.S. without proper authorization will disqualify you unless you qualify for a waiver.
  • Criminal Record: Certain criminal convictions will bar you from adjusting status.
  • Nonimmigrant Visa Violations: Violating the terms of your current visa, such as overstaying, will get you denied.
  • Misrepresentation/Fraud: Providing false information to the U.S. Embassy, U.S. Customs and Border Protection or to USCIS will disqualify you from adjustment of status.

Note: Waivers and exceptions may be available for certain disqualifications. Consult with an immigration attorney to discuss your options.

Adjustment of Status Mistakes to Avoid

Don’t:

  • Incomplete Supporting Documents: Fail to submit required documents like marriage or birth certificates can delay your application.
  • Errors on Forms: Double check your application for mistakes to avoid unnecessary delays.
  • Missing Appointments: Fail to attend your biometrics or interview appointments and get your application denied.
  • Missing Deadlines: Submit all forms and responses on time to maintain your lawful status and keep your application on track.
  • Delayed Responses to USCIS: Respond quickly to any requests for additional information or documentation to avoid delays.

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. This means applicants can provide evidence to USCIS that, they did not have an intent to immigrate when they initially entered the U.S. on a non-immigrant visa.

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 you take 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.
Statue of Liberty symbolizing immigration & hope

Who Can Adjust Status and File Form I-485 in the U.S.?

Eligibility for AOS involves meeting several criteria, including lawful entry, physical presence in the U.S., and visa availability. Certain categories, such as parole in place for undocumented family members of U.S. citizens and DACA recipients, have specific pathways to meet these requirements.

Special Considerations for Those Who Entered Without Inspection

For those who entered the United States without inspection, there are specific paths to obtain parole and meet the eligibility requirements for adjustment of status. These paths include:

  • Parole in Place for Undocumented Spouses and Family Members: Undocumented spouses, children and parents of U.S. citizens or legal permanent resident may be eligible for parole in place. This discretionary grant of parole is to protect family unity and allow these individuals to adjust status in the U.S.
  • Parole in Place Through Military Service: Spouses and parents of U.S. military personnel, including active-duty members, veterans and those in the Selected Reserve may be granted parole in place. This allows them to adjust status even if they entered the U.S. without inspection.
  • DACA Recipients and Advance Parole: Deferred Action for Childhood Arrivals (DACA) recipients can apply for advance parole to travel outside the U.S. for humanitarian, educational, or employment purposes. Upon reentry to the U.S. on advance parole they are considered to have been “inspected and paroled” and can apply for adjustment of status.
  • Adjusting Status After Parole: Once an individual who entered without inspection has been granted parole through any of the above programs, they can file Form I-485, the adjustment of status form.

Key Points to Remember

  • Timing: Parole must be granted before you file for adjustment of status. If you filed for adjustment of status before parole was granted, it may be denied.
  • Maintaining Eligibility: After being paroled, you must still meet all other eligibility requirements, including visa availability and admissibility to adjust status.
  • Continuity of Status: In most cases, if you receive parole in place or reenter the U.S. on advance parole you must maintain lawful status to avoid other bars to adjustment unless you qualify for an exemption.

Check Your Case Status

Throughout the AOS process, it’s essential to stay informed about your case status. You can check your case status by logging into your USCIS online account or by visiting the USCIS website and entering your case number.

If your case is taking longer than expected consulting with an immigration attorney can help identify the delays and explore options to expedite your case. You can contact USCIS online, by phone, by reaching out to your Congressional representative, or by contacting the USCIS Ombudsman.

Post-Approval Steps

Once you receive your green card, you can work, live, and travel internationally. If your green card is conditional (valid for two years), you must apply to remove the conditions before it expires.

After five years of having a green card (or three years if married to a U.S. citizen or if you obtained a VAWA green card based on marriage to a U.S. citizen), you may be eligible to apply for U.S. citizenship through naturalization. Meeting all requirements, including residency and good moral character, will allow you to enjoy the full benefits of being a U.S. citizen.

US dollar representing costs adjustment of status

FAQ: Questions About Form I-485 and Adjustment of Status

Providing Support for AOS

In conclusion, successfully navigating the adjustment of status forms is a crucial step for any foreign national seeking to obtain permanent residency in the United States. Whether you are filing as an alien relative or through employment, ensuring that your status applications are complete and accurate is essential. This includes paying the correct fee and submitting your forms to the appropriate local USCIS office.

Understanding the status processing times and status requirements can help you plan accordingly, minimizing delays and avoiding complications. Preparing thoroughly for your status interview is also key, as it is a pivotal moment in your journey to becoming a green card holder.

By staying informed and adhering to USCIS guidelines, you’ll be well on your way to securing a brighter future as a lawful permanent resident in the U.S.

The Herman Legal Group has been providing vigorous representation of clients in AOS cases for nearly 30 years. Whether you need just a consultation to analyze your case or review for potentially complicated factors, or you need full representation, we are happy to help.

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How to Get a Copy of Marriage Certificate for Green Card Application
Bride and groom signing wedding certificate

When applying for a marriage-based green card, a valid marriage certificate is one of the most crucial documents you need to submit. This certificate serves as primary evidence of your marital relationship, which the U.S. Citizenship and Immigration Services (USCIS) requires to process your green card application. However, many applicants face challenges such as lost certificates, marriages that were never officially registered, or certificates that are difficult to obtain. This guide will walk you through the steps to obtain your marriage certificate, provide alternatives if it is not available, and help you understand the importance of this document in your immigration process.

Why You Need Your Marriage Certificate

To register permanent residence through marriage, you must prove that your marriage is valid. This is essential not only for adjusting status but also for ensuring that you qualify for the various immigration benefits associated with being the spouse of a U.S. citizen or permanent resident. A marriage certificate is typically the first piece of evidence that USCIS reviews to confirm the legitimacy of your marriage.

But what if you cannot find your marriage certificate or it was not officially registered because of a religious or traditional wedding? —you will need to explore alternative ways to provide evidence of your marital relationship. And what about unconventional weddings like proxy or virtual/online marriages like in Utah? There are specific guidelines you must follow to ensure USCIS accepts your application.

USCIS Marriage Certificate Requirements

When filing Form I-130, Petition for Alien Relative, USCIS requires you to submit a photocopy of your marriage certificate. At your green card interview, you will need to bring the original certificate, or an official copy issued by a government agency. Your certificate must include:

  • The full names of both spouses
  • The location of the marriage
  • The date of the marriage

Additionally, you must submit two passport-style photos as part of the green card application documentation.

If your marriage certificate is not in English, you must provide a certified English translation along with the original document. If you or your spouse were previously married, you need to submit copies of divorce decrees or death certificates to show that all previous marriages have ended legally. It is recommended that those documents be original or certified.

If your name has changed due to adoption, divorce or any other non-marital reason, you must submit legal proof of this change, such as an adoption decree or court order.

man signing a divorce form with wedding rings

Be Cautious of Fake Foreign Divorce Decrees

Pro Tip: Be careful and verify the authenticity of foreign documents issued by governmental authorities abroad. For example, we have seen many cases where USCIS questions the validity of divorce or death certificates issued in Nigeria. Verifying documents like the employment authorization document is also crucial.

This is a common scenario we have seen over the years. A man in Nigeria gets married. At some point, he applies for a temporary visitor visa to the United States, stating he will return to Nigeria after his visit. But once he gets to the U.S., he decides to stay longer than his visa allows. Either before he leaves Nigeria or after he arrives in the U.S., he files for divorce. The divorce process is often rushed and lacks the formalities of a legal process. He then gets a divorce decree, marries a U.S. citizen, and files for immigration benefits.

But when USCIS reviews the case, they start to question the original marriage and the divorce itself. This is where many applicants run into problems.

The problem is USCIS has seen a lot of fraudulent or invalid divorce decrees coming from Nigeria. These documents do not comply with the requirements in the Visa Reciprocity Table. So now USCIS is cracking down on these cases and taking a closer look at Nigerian divorce documents.

If you are dealing with a divorce decree from Nigeria, do yourself a favor. First, do not 100 percent trust the person that helps you obtain a copy of the divorce decree from the government office. Second, verify that the document is authentic. Information from divorce decrees in Nigeria is typically available on this database.

Consequences of Invalid Divorces

If USCIS finds out your divorce was not valid, it can have serious consequences. For example, if your first marriage was never legally ended, your subsequent marriage to a U.S. citizen is not valid, which means your I-130 petition for a marriage-based immigration benefit will be denied.

This is not limited to Nigeria, but we have seen it most with Nigerian cases. We have also seen similar problems with divorce decrees from other countries. Sometimes it looks like either unscrupulous lawyers in Nigeria or outright forgers are creating these invalid documents and causing big legal problems for the people involved.

What to Do

If you are in this situation, whether from Nigeria or any other country, ensure your divorce was done according to the laws of your country. USCIS is getting more and more vigilant, and embassies are often involved in verifying these documents. If they find out your divorce is not valid, you will have to start the whole process all over again.

couple sitting for marriage legal counseling

What to Do If You Can’t Find Your Marriage Certificate

If your marriage certificate is missing, the steps to obtain a replacement depend on where you got married:

If You Got Married in the United States:

  • Vital Records Office: Contact the vital records office in the state where you got married. They can issue a certified copy of your marriage certificate. They will tell you the cost, what documents you need, and if you can order online, by mail, or in person.
  • County Clerk or Recorder’s Office: You can also request the certificate from the local county clerk, city hall, town hall, or civil registrar where you got married. This is often the same office where you applied for your marriage license.
  • Processing Time and Fees: Processing time for marriage certificate replacement in the United States varies, typically five business days to 16 weeks. Fees vary depending on the number of copies you need and the method of order (phone, mail, in-person, or online). For example, in states like Minnesota and Montana, you can order a certified copy online through services operated by the state’s public health division.
  • Original Marriage License: The officiant who performed your wedding and any witnesses must sign the marriage license. This document was then filed with the county where the marriage took place. The county office will usually mail your marriage certificate to you. If you do not receive it, it might be because of an incorrect address or other clerical errors. In such cases, contact the county office directly to get your certificate.

If You Got Married Abroad:

  • Contact the Embassy or Consulate: Reach out to the U.S. embassy or consulate in the country where you were married. They can guide you on how to obtain a certified copy from local authorities.
  • U.S. Department of State Reciprocity Schedule: Check the reciprocity schedule on the State Department’s website for details on how to obtain civil documents like marriage certificates from different countries. This schedule will inform you of the document’s availability, format, and any alternative documents you can use if the certificate is not available.
    • Using the Reciprocity Schedule:
      • Visit the “U.S. Visa: Reciprocity and Civil Documents by Country” page on the U.S. Department of State’s website
      • Filter by country and select the country where you got married.
      • Search for the document you need, such as a marriage certificate, and review the availability, format, and any special requirements to get it.
      • If the document is not available, the schedule may list alternative documents or provide instructions on what to do if the document cannot be obtained.
  • Alternative Documents: In some countries, official marriage certificates may not be available due to various reasons, such as war, civil unrest, or cultural practices where marriages are not registered with the government. For example, in countries like Somalia or Burma (Myanmar), marriages might not be registered at all, and you may use affidavits, clerical records, or other secondary evidence to prove your marriage.
Bride and groom displayed marriage certificate in sunlight

Religious and Traditional Marriages: Are They Valid for Immigration Purposes?

In many parts of the world, such as majority Muslim countries, marriages are conducted according to religious or traditional weddings and may or may not be registered with civil authorities. Whether these marriages are recognized for U.S. immigration purposes depends on the laws of the country where the marriage was performed. Some countries may not legally recognize religious marriages, but alternative documents can be used to prove the marriage’s validity for immigration processes like applying for a green card.

Key Points:

  • Recognition by Local Law: A religious or traditional marriage is valid for U.S. immigration purposes if it was recognized under the law of the place where it was performed and at the time it was formed. This means that if local law acknowledges such marriages as legally binding, the U.S. will also consider them valid.
  • Reciprocity Schedule Research: The U.S. State Department’s Reciprocity Schedule can help you determine if religious or traditional marriages are recognized in specific countries. For example, in India, religious marriages are recognized, and clerical records can be used as proof. In Chile, religious ceremonies are common but not recognized for civil purposes unless the marriage is also registered with civil authorities.
  • Alternative Documentation: If the Reciprocity Schedule indicates that civil marriage records are not available or not issued, you can submit:
    • Affidavits from family members or community leaders attesting to the marriage.
    • Clerical records from the religious institution that performed the ceremony.
    • A sworn statement explaining the circumstances of the marriage and why civil records are not available.

Legal and Practical Steps:

  • Research Local Laws: If the Reciprocity Schedule does not mention whether religious or traditional marriages are recognized, you need to research the country’s marriage laws. This may require consulting with a local attorney or legal expert to understand the legal status of your marriage.
  • Conduct a Civil Ceremony if Necessary: If your religious or traditional marriage is not recognized by local law and you are planning to immigrate to the U.S., you may need to conduct a civil marriage ceremony to make your marriage legally valid. This is especially important if alternative documentation is not accepted or if there are questions about the legal recognition of your marriage. Please note this would need to be done BEFORE you file the I-130 relative petition.
  • Get Legal Help: If you are unsure about the validity of your marriage or if it’s not recognized by U.S. immigration, it’s best to get legal help. An immigration attorney can help you explore alternatives such as a new civil marriage or additional evidence to support your marriage.
couple enjoying moment together

Proxy and Virtual Marriages: Validity for Green Card Purposes

Proxy and virtual marriages where one or both spouses are not physically present during the ceremony can be legally valid in some countries and under certain circumstances. However, for U.S. immigration purposes, these marriages are subject to strict scrutiny.

Legal Standards for Recognition:

  • Consummation Requirement: According to U.S. immigration law, a proxy marriage is not recognized as a basis for granting lawful permanent residence (a green card) unless the couple consummates the marriage after the ceremony. This means the couple must have sexual relations after the marriage has taken place and BEFORE the I-130 petition is filed.
  • Proof of Consummation: Proving a marriage has been consummated can be tricky. USCIS doesn’t require or want graphic or intimate details, but a simple affidavit or personal statement attesting to the consummation combined with evidence that both spouses were together after the marriage can be enough. This could include:
    • Copies of airline tickets, hotel bills, or photos showing the couple together.
    • Evidence of a past relationship or personal meetings before the marriage, which can also help prove the marriage is bona fide and not a sham.
  • K-1 Fiancé Visa Option: If traveling to consummate the marriage is difficult, couples may consider applying for a K-1 fiancé visa instead. This visa allows the non-citizen fiancé to enter the U.S. for 90 days to get married and then apply for a green card. While this option may delay the process, it avoids the complications of proving the consummation of a proxy marriage.

Proof of Consummation:

  • Timing is Everything: Keep in mind that children born before the marriage do not count towards proving consummation for U.S. immigration purposes. Only relations that occur after the marriage ceremony and before the I-130 petition is filed are relevant.

For More Information: Proxy marriages and green card purposes can be complicated. It is best to get legal help.

signing a marriage certificate with an official seal

Common FAQs and Issues with Marriage Certificates

Final Steps: Consular Processing and USCIS Interview

If you are applying from abroad, submit your documents to the National Visa Center and go through consular processing. If adjusting status in the U.S., submit your documents to USCIS and prepare for an interview.

In conclusion, ensuring you have the correct marital proof and understanding the alternatives available if your marriage certificate is missing or invalid is crucial. For complex cases, working with an experienced immigration attorney can provide the guidance needed to navigate the process successfully and secure your permanent residency.

For assistance with your green card application, contact Herman Legal Group today. Our team of experienced immigration lawyers is ready to help you every step of the way.

Form I-130A: Supplemental Information for Spouse Beneficiary
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What is Form I-130A?

Form I-130A, also known as the “Supplemental Information for Spouse Beneficiary,” is a crucial document required by the U.S. Citizenship and Immigration Services (USCIS). It is used to gather additional information about the foreign spouse seeking a green card through marriage. This form helps USCIS verify the marriage and the details provided in the main Form I-130, Petition for Alien Relative.

This form is about the spouse beneficiary’s statement, where they will detail the past 5 years of their residential and employment history as well as biographical information about their parents. This form is very important in the immigration process as it helps USCIS to verify the marriage.

Who Needs to Fill Out Form I-130A?

If you are a foreign spouse of a U.S. citizen or a lawful permanent resident, you will need to complete Form I-130A. This form provides biographical details and other essential information about the spouse being sponsored for a green card. While the main I-130 petition is filed by the U.S. citizen or permanent resident spouse, Form I-130A is filled out by the beneficiary spouse to provide additional personal and background information. If the spouse lives abroad, they still need to complete Form I-130A, but they are not required to sign it.

Form I-130A replaces the old G-325A form. The principal I-130 petition is filed by the U.S. citizen or lawful permanent resident spouse but Form I-130A gathers biographical information about the immigrant spouse to help USCIS in their investigation of the beneficiary.

How to get the I-130A Form

You can easily download Form I-130A for free from the USCIS website. Just go to the “Forms” section and search for “I-130A.” While the form itself is free, there will be a filing fee when you submit it, usually alongside the I-130 form.

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Sections of Form I-130A

Part 1: Information About You

This section is for the immigrating spouse (beneficiary) to fill in basic information such as full name, date of birth, nationality, address history for the last 5 years, and information about their parents. It is also required to provide evidence of joint tenancy at the same address. This section must be completed accurately as it provides USCIS with biographical data.

Part 2 and Part 3: Employment Information

These sections are about the beneficiary’s employment history inside and outside the United States. Even if the beneficiary has been unemployed, self-employed or a student, this information must be provided to give USCIS a complete picture of their activities for the last 5 years.

Part 4: Spouse Beneficiary’s Statement, Contact Information, Certification and Signature

How did you understand the form? Did you read it in English with the help of an interpreter or someone else prepared it for you based on your information? You are responsible for the information on the form and should not let someone else prepare it for you without your input. You must also enter your phone number and ways to reach you electronically.

Part 5: Interpreter’s Contact Information, Certification and Signature

If an interpreter helped you complete the form, they must enter their name, contact information, and signature, swearing they read all the questions and made sure the beneficiary understood the questions and the answers given.

Part 6: Preparer’s Information

If someone else, like an attorney or paralegal, helped prepare the form, their information and signature should be included here.

Part 7: Additional Information

Use this section for any extra information that did not fit in the previous sections. Be sure to reference all additional entries clearly.

When to Sign the I-130A

The spouse beneficiary must generally sign the I-130A. The signature means the information is accurate and true. However, there are situations where the beneficiary does not need to sign the form:

  • Beneficiary is in the United States: If the spouse beneficiary is physically present in the U.S. at the time of filing, they must sign and date the I-130A. This is to confirm the information is correct and to meet USCIS requirements.
  • Beneficiary is Outside the United States: If the spouse beneficiary is abroad, they do not need to sign the I-130A. In this case, the sponsoring spouse can submit the unsigned form to USCIS. This exception is made because it is impractical to get a signature from someone living in another country.

Ensure all sections are completed accurately and the required signatures are signed. Failure to comply with these requirements can result in delays or denials.

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Common Mistakes to Avoid

Filling out the I-130A is simple, but it is easy to make mistakes that can delay your application or even get denied. Here are some:

  • Incorrect or Missing Information: Review all your entries. Mistakes in names, dates, or addresses can cause delays or denials.
  • Lack of Supporting Documents: Ensure to attach all required documents, such as proof of relationship, when submitting the form.
  • Not Signed: An unsigned form is an incomplete form to USCIS. Always sign where required.

Submitting the Form

After completing Form I-130A, it is usually submitted with Form I-130. You may need to attach documents like your marriage certificate and identification documents.

The submission address varies depending on your situation but generally mailed to a USCIS lock box. Check the USCIS website for detailed submission instructions. If filing I-130/I-130A alone (without I-485), you can file online.

What Happens After Submission?

  • Receipt Notice: You will receive a Form I-797C, confirming your application was received. Save this notice as you will need it.
  • USCIS Online Account: If you haven’t done so already, create an online account so that you can receive all future communication from USCIS on time and to facilitate submission of additional information to USCIS if needed.
  • Interviews and Requests for Additional Information: USCIS may request additional documents or clarifications. In some cases, if both parties are in the U.S., the U.S. citizen and the spouse being sponsored may be called for an interview. Always respond to USCIS inquiries promptly and accurately to avoid delays.

Filing U.S. immigration can be overwhelming but knowing how to fill out the I-130A form can make it easier. This form is part of the puzzle when sponsoring a spouse for a green card. It gives USCIS more information about the beneficiary spouse and speeds up the process.

By avoiding mistakes, including all required documents, and knowing what to expect, you will be more ready for approval. If you have challenges or more complex situation, don’t hesitate to consult an immigration attorney.

Processing Time and Checking Status

I-130A processing time is the same as I-130, which is 7-13 months. Processing time may vary depending on the service center where your case is being processed. You can check the latest USCIS processing times on the USCIS website and the status of your I-130 application through the Case Status Tracking Tool.

I-130A Checklist

While Form I-130A doesn’t require submission of any documents independently, the following must be attached to your I-130:

  • Copy of your marriage certificate
  • Evidence of termination of prior marriages (if applicable)
  • Joint ownership of property
  • Joint tenancy of a common residence lease
  • Combined financial resources
  • Birth certificates of children born to you and your spouse
  • Affidavits from third parties with personal knowledge of your marriage, including:
    • Full name and address of the person making the affidavit
    • Date and place of birth of the person making the affidavit
    • Full information and details of how the person acquired knowledge of your marriage
  • Any other relevant documents to prove an ongoing marital union

What’s Next?

After USCIS approves your I-130, the next steps depend on whether the spouse is in the U.S. or abroad:

  • In the U.S. on a valid visa: They can file Form I-485 (Adjustment of Status) to apply for permanent residency and get a green card if they are otherwise eligible for adjustment of status. Some spouses in the U.S. can file I-130 and I-485 concurrently without waiting for I-130 approval.
  • Outside the U.S.: They must file Form DS-260 (Immigrant Visa and Alien Registration Application) to obtain a visa for U.S. entry.
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FAQ

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How to Get Spouse Visa In Egypt? (CR1/IR1)

Are you an Egyptian married to a US citizen or permanent resident card holder? You may be eligible to apply for a spousal immigrant visa, which allows you to live and work in the US. Meanwhile, the processing of US immigrant visas for citizens and residents of the US is at the US Embassy, Cairo. The Embassy is open for almost all visa activities, although there is quite the backlog of cases due to pandemic-related closures.

If you are applying for a spousal visa to the US, you must be legally married to a US citizen or resident. They will open the process by petitioning the USCIS (United States Citizenship and Immigration Services) on your behalf. They will file Form I-130, Petition for Alien Relative, after which you can carry on with something known as consular processing if approved.

Who Can Apply for CR-1 Visa?

The CR1 Visa (Conditional Resident Visa) is created for foreign national and US-citizen couples to enable them to live together in the US. “Conditional Resident” means the visa comes with a two-year condition where the couple must stay together to remove the conditions on the card.

If the marriage ends before the two years are up, the foreign national spouse has to return to his or her country. If it doesn’t, you can apply to remove the conditions on the card and get a ten-year-valid permanent resident card.

Meanwhile, you should only apply for this visa if your marriage is not up to two years. You are eligible to apply for the Conditional Resident Visa if:

  • You are legally and genuinely married to a US citizen or green card holder, in which case they become the sponsor;
  • The US sponsor meets the federal income requirements or Poverty Guidelines. The US sponsor will have to fill out and submit Form I-864, Affidavit of Support, where they attest they can support you financially. This form is a legally binding contract and not something to be taken lightly; breaching the contract has serious consequences.

Who Can Apply for IR-1 Visa?

Like the CR-1, the IR-1 visa is also created to close the distance between foreign national and US-citizen/green-card-holder spouses. The difference is that this visa is only meant for spouses of United States Citizens; they are referred to as “Immediate Relatives.”

Thus, the “IR” in IR-1 means “Immediate Relative,” which is how the USCIS views spouses of US citizens. Unlike the CR-1, there are no conditions on this visa, but your marriage must be at least two years old to apply. This card is valid for ten years after which you can either renew it or apply for naturalization (US citizenship).

The requirements for obtaining the IR-1 visa are pretty much the same as if you are applying for the CR-1 visa. The only difference is that a green card holder cannot sponsor you for it; your spouse must be a US citizen.

How Do You Submit a Petition for the CR1/IR1 Visa?

Applying for any US immigration visa involves a bureaucratic process, but it is a process worth going through. Painstakingly allowing yourself to go through the process ensures you can freely stay in the US with your spouse.

The first step involved in getting this visa is for your US sponsor to file Form I-130 with the USCIS. If you and your spouse meet the requirements and your US spouse submits the right documents, the petition should be approved. However, the USCIS approves and denies applications at its discretion – meaning, there is no guarantee. If the USCIS is pleased with your petition and approves it, your case goes to the National Visa Center (NVC).

The NVC will give your petition a case number and send you a mail informing you to complete Form DS-261. You will not need to complete this form if you already have a legal representative (an immigration attorney).

In the mail, you will also get instructions on other forms to fill out and supporting documents to submit. It is important that you submit the exact files required of you and in the way you are instructed to submit them.

Before the NVC starts the actual processing of your case, you will need to pay certain fees. When you’ve paid and your file is complete, the NVC will schedule your visa interview at the US Embassy in Cairo.

Why Do You Need Herman Legal Group for CR1/IR1 Visa Application?

While you are not obligated to hire a lawyer for this process as you can represent yourself. It is however highly recommended that you have legal representation to ensure an error-free application process.

Herman Legal Group is a thorough, dedicated, multicultural, diversified, and multilingual law firm that deals with immigration matters such as this. Our services run throughout the United States and internationally, and that includes Egypt.

Therefore, if you need legal assistance for your CR1/IR1 visa application process, you can book online or call us at +1-216-696-6170.

Conclusion

A CR1/IR1 visa is issued to a foreign national individual married to a US citizen or lawful permanent resident. The CR1 is for those not yet married for up to two years, while the IR1 is for those married for longer. Both visas give you similar benefits: to live with your spouse and work in the US permanently.