process of marrying a non us citizen

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

States

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 FindLaw 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:

Form I-130 Filing: You, as the green card holder, will file Form I-130 to start the process.
Priority Date: After filing, your case will receive a priority date. This date determines your spouse’s place in line for a visa number.
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

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:

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.

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:

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.
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.
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-129Ffor 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:

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.
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.
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.

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:

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.
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.
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.
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

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).
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).
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.

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.
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.

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.
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.
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.
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.
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

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.)
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.
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?

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.

What is an Expedite Request?

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

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

How to Request Expedite with USCIS?

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

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

Write a formal letter or email to the NVC requesting expedite:

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

Important Notes

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

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:

● 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.

Travel documents and international marriage preparation

cross-cultural couple wedding celebration

Couple paperwork for marriage & visa applications

H1 Heading here

Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.

What happens if a dual citizen is required to serve in the military of both countries during a war?

U.S. law requires all male citizens to register with the Selective Service System, which can lead to mandatory military service if drafted. If a dual citizen’s other country also requires military service, they are in a tough spot. Consult with lawyers in both countries to navigate this.

Are dual citizens traitors during a conflict?

During the war, a dual citizen may be accused of dual loyalty or even treason. This is a tricky issue that requires legal and personal consideration. The U.S. expects its citizens to owe allegiance to it, but the dual national’s other country may have similar expectations.

How does dual citizenship affect consular protection during conflicts?

U.S. dual nationals may have limited consular protection. If detained in the country of their other nationality, U.S. consular officers may be unable to assist. For example, if a U.S. dual citizen is in a country with which the U.S. has strained relations, getting help from the U.S. embassy may be tricky.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

Book Consultation

cr1-ir1-spouse-visa

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.

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.
Emergency or Urgent Humanitarian Situations: USCIS may expedite cases involving emergencies or urgent humanitarian reasons such as critical medical conditions, death or serious illness of a family member, or extreme living conditions due to conflict or natural disasters.
Nonprofit Organizations: A nonprofit organization working in the cultural or social interests of the United States may request expedited processing for a case that supports its mission. Examples include a medical professional needed for urgent research or a religious leader required for a critical outreach program.
Government Interests: Expedited processing may be granted when a federal, state, or local government agency identifies a case as urgent, such as those involving national security, public safety, or other significant government interests.
Clear USCIS Error: If USCIS made a clear error in processing your application, such as issuing an EAD with incorrect information that prevents you from working, you may request expedited correction.

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:

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

How to Request Expedite with NVC (National Visa Center)

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

Write a formal letter or email to the NVC requesting expedite: Be brief but
clear in explaining why your case qualifies for expedite. Include:
- Case Details: NVC case number, petitioner and applicant names, and any other relevant case information.
- Reason for Expedite: Clearly state the reason for your request and reference the evidence you are providing to support your request.
- Contact Information: Your contact information in case NVC needs to reach you for additional information.
Submit Your Expedite:
- Via email: Send the request and documents to NVCExpedite@state.gov.
- Online inquiry form:
  - Go to NVC Public Inquiry Form.
  - Fill out the form with your case number and contact information.
  - In the message box, explain why you are requesting expedite and mention you are attaching documents (if applicable).
  - Submit

Note: Attach all documents in one PDF if submitting by email and ensure the file size is under 5 MB.

Follow-up: After you submit your expedite request, you may receive an email from NVC. If NVC needs additional information or documents, respond quickly to avoid delays. It is also a good idea to follow up after a few weeks if you have not heard back or received an update on your request. You can also contact your member of Congress to follow up with NVC.
NVC will review your request and decide if it’s approved after consulting with the US Embassy. If approved, your case will be processed ahead of others and NVC will contact you with next steps. If denied, your case will continue to be processed as normal.

Important Notes

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

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

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

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?

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

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.
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.
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.
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.
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

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.
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.
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.
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.
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.
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.
Age Discrepancies
- Problem: Large age differences between spouses can sometimes trigger more scrutiny.
- Solution: Provide a strong case with more evidence of your relationship.
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.
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.
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.
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.
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

What is your spouse’s full name?
How did you meet your spouse?
When did you get married?
Where did the wedding take place?
How many people attended your wedding?
Did you go on a honeymoon? If so, where?
What is your spouse’s occupation?
Where does your spouse work?
How long has your spouse been at their current job?
What is your spouse’s salary?
Where does your spouse live?
How many bedrooms are in your spouse’s home?
Do you have any children together?
Have you met your spouse’s family?
What are your spouse’s parents’ names?
Do you and your spouse have any pets?
What is your spouse’s favorite food?
What are your spouse’s hobbies?
What do you and your spouse enjoy doing together?
What was the last gift you gave to your spouse?
What was the last gift your spouse gave you?
Do you have joint bank accounts?
Do you and your spouse have any shared property?
Have you and your spouse taken any trips together?
How often do you and your spouse communicate?
What method of communication do you use with your spouse?
What is your spouse’s phone number?
What is your spouse’s email address?
When was the last time you saw your spouse?
How often do you visit your spouse?
How long have you been in a relationship with your spouse?
How long have you known your spouse?
Where did your spouse grow up?
What are your spouse’s siblings’ names?
What religion does your spouse practice?
What is your religion?
Does your spouse speak your native language?
Do you speak your spouse’s native language?
What are your plans?
Do you plan to have children?
How do you plan to support your family financially?
Who handles the finances in your relationship?
Where do you see yourself living in five years?
What was your first date like?
Where was your first date?
What are your favorite activities to do together?
Does your spouse have any health issues?
Do you or your spouse have any allergies?
What did you do for your spouse’s last birthday?
What did your spouse do for your last birthday?
Have you met your spouse’s friends?
What is your spouse’s favorite movie?
What is your spouse’s favorite music?
What is your spouse’s favorite sport?
What is your spouse’s favorite color?
Where did you and your spouse last go out to eat?
Do you and your spouse have a joint insurance policy?
What are your spouse’s political views?
How do you handle disagreements?
Who proposed, and how did it happen?
What do you like most about your spouse?
What does your spouse like most about you?
What is your spouse’s favorite hobby?
Where does your spouse like to shop?
Does your spouse have any children from a previous relationship?
How do you get along with your spouse’s children?
What are your plans for the upcoming holidays?
How do you and your spouse celebrate special occasions?
What do you do on weekends?
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

What does CR1 mean?

CR1 means “Conditional Resident” visa which gives conditional permanent residence to the spouse of a U.S. citizen or lawful permanent resident.

If I am in a same-sex marriage, can I get a CR1/IR1 spouse visa?

Yes, same-sex couples have the same rights as opposite-sex couples when it comes to marriage-based immigration. Thanks to the Supreme Court’s decision in Windsor v. United States all marriage-based visa applications are treated equally regardless of sexual orientation.

Does my spousal visa sponsor need to live in the United States?

Not necessarily. They need to meet the “domicile” requirement, which can be met even if they live abroad. They can provide documentation showing they are an employee at an approved organization, living outside the U.S. temporarily or intend to move back to the U.S. once you are admitted.

What if my spouse was a Lawful Permanent Resident (LPR) when they filed Form I-130 but have since become a U.S. citizen?

They will need to upgrade their petition by submitting evidence such as a copy of the certificate of naturalization or the biodata page of their U.S. passport.

What documents do I need for a CR1 or IR1 visa?

Documents vary by country but generally include a passport valid for 6 months after arrival in the U.S., an Affidavit of Support (Form I-864), Form DS-260, two passport-style photos and all civil documents requested by the embassy such as birth certificates, marriage certificates, police certificates and military records.

What to expect in a CR1 visa interview?

They will determine if your marriage is real. You will be asked questions about your
relationship, including how you met, your daily life as a couple, and your plans.

How long does it take for a spousal visa?

The current wait time for the CR1 visa is 13.5–15 months if married to a U.S. citizen and 29–40 months if married to a green card holder.

How long is the CR1 visa valid for?

The CR1 is a 2-year temporary green card. After 2 years, the couple must apply to “remove the conditions” and get a permanent green card.

Which is better: K-1 or CR-1?

The K-1 fiancé visa takes longer to process than the CR-1 spousal visa. The K-1 will also cost more when the government raises fees. It depends on your situation which one to choose.

Can I work with a CR1?

Yes, you can start working as soon as you enter the United States.

Can I travel with a CR1 green card?

Yes, but not longer than 1 year.

When can a CR1 holder apply for citizenship?

A CR1 holder can apply for citizenship after 3 years of living with their spouse in the U.S.

Does the CR1 expire?

The CR1 is valid for 2 years, after which the visa holder must apply to “remove the conditions” to make it permanent.

What is the minimum income requirement for the CR-1 visa?

The minimum income requirement for most sponsors is 125% of the Federal Poverty Guidelines based on household size and location.

How do I get a Social Security card after I get a CR1/IR1 spouse visa?

When completing the online immigrant visa application, you can opt to get a Social Security card after arrival in the U.S

Why would a CR1 visa be denied?

A CR1 visa may be denied if the applicant is inadmissible, if the application is incomplete or inaccurate, if there are security concerns, or if the applicant has a history of immigration violations or criminal activity.

Do I need an immigration lawyer for a spouse visa?

Not required but recommended. Herman Legal Group offers guided applications and additional lawyer support to help you apply with ease.

What is the CR1 processing time in 2024?

2024 CR1 processing time is 18 months if married to a U.S. citizen and 36-60 months if married to a green card holder.

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!

+1-216-696-6170

Book Consultation

How Long Takes to Get Marriage Green Card

Marriage Green Card Timeline
Getting a green card through marriage is a big deal for foreign nationals who marry US
citizens or green card holders. The average processing time for various stages, such as
the I-130 petition and the I-485 adjustment of status, can help set realistic expectations
for the timeline. The process is long and complicated and can take 12 to 55 months
depending on several factors. Those factors are the sponsoring spouse’s citizenship,
whether the immigrant spouse is in the US or abroad and the USCIS service center
processing the application. Knowing these variables is key to managing your
expectations.
Average Time for a Marriage Green Card
The timeline to obtain a marriage green card can vary greatly:

● 10-50 months: Total potential range.
● 12-36 months: Typical range, with some cases taking longer due to backlogs,
additional scrutiny, or other factors.
● 2024 Update: The average time to get a marriage green card is around 17
months, but this can vary based on individual circumstances.
Factors that Affect the Timeline
● Petitioner’s Legal Status: The petitioner’s legal status is a big factor in the
processing time for a marriage green card.
▪ If your spouse is a US citizen:
○ In the US: 8-18 months
○ Abroad: 18-24 months
▪ If your spouse is a green card holder:
○ In the US: 30-50 months
○ Abroad: 30-50 months

● Immigrant Spouse’s Location when Married to US Citizen: The location of
the immigrant spouse, whether in the US or abroad, matters if married to a US
Citizen. If married to a US Permanent Resident, then the location of the
immigrant spouse does not matter.
▪ In the U.S. (When Married to a U.S. Citizen): The process is faster as
you can file Form I-130 (Petition for Alien Relative) and Form I-485
(Application to Register Permanent Residence or Adjust Status)
concurrently. This can shorten the process to as little as 8 months. We
have seen recent cases where USCIS waived the interview and approved
the marriage green card in 3 months after filing the case. If the Service
Center requires an interview, they will transfer the case to the local USCIS
office. Each USCIS office has their own processing time which can be
found here.
▪ Outside the U.S. (When Married to a U.S. Citizen): Consular processing
is required, which involves additional steps like filing an I-130 petition,
processing the DS-260 at the National Visa Center, obtaining a visa
number, and scheduling an interview at a U.S. embassy or consulate. This
process typically takes 18-24 months. The timeline depends on several
factors such as how long it takes USCIS to approve the I-130, how quick
the NVC can process their part of the case, and the efficiency of the
consular office to schedule the interview and adjudicate the DS-260
application.

● USCIS Service Center Processing Times: Processing times vary based on the
USCIS service center or field office handling the case:

▪ US citizens filing I-130 for spouse: 12-18 months
▪ Green card holders filing I-130 for spouse: 30-50 months
● Current Processing Times by Service Centers:

● Delays Due to Incomplete or Incorrect Documents: Submitting incomplete or
incorrect documents can cause significant delays. Ensure all forms are correctly
filled out and all required documents are provided. Mistakes can lead to
Requests for Evidence (RFEs), which can add months to the process.
Note: The workload and efficiency of the USCIS or field office processing your case can
greatly impact the timeline. During peak filing periods or staffing shortages, processing
times can increase and wait times get longer.
Application Process Breakdown
Step 1: Filing I-130
● Purpose: Establish the marriage relationship between the US citizen or green
card holder spouse and the foreign spouse to obtain a green card through
marriage. A lawful permanent resident spouse must also act as a sponsor in the
I-130 filing process, ensuring the marriage is bona fide and meeting all necessary
requirements.
● Processing Time:
▪ US Citizens: 12-18 months
▪ Green Card Holders: 30-50 months

Step 2: Filing I-485 and Adjustment of Status (If Spouse is in the U.S.)
● Processing Time: Average across all field offices is 20 months.
Step 3: Consular Processing (If Spouse is Abroad)
● Process: After I-130 approval, the case is processed at the NVC and the
appropriate U.S. embassy or consulate.

● Processing Time: 3-5 months after the NVC receives the application.
Step 4: The Green Card Interview
● Location: USCIS service center (for US residents) or consulate (for consular
processing).
● Purpose: To prove the bona fide of the marriage to avoid any suspicion of
marriage fraud.
● Timing:
▪ U.S. Residents: 7-15 months after application submission.
▪ Spouses Abroad: Varies by consulate.

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

Expedite the Marriage Green Card
Process
What is an Expedite Request?
A formal request to USCIS to prioritize and speed up the processing of your application.
USCIS reviews these requests on a case-by-case basis and considers them under
specific criteria.
USCIS does not often expedite I-130 marriage-based petitions. But it does not hurt to
try if any of the following apply.

Severe Financial Loss: A person or company may be eligible if a delay would
cause significant financial harm. For example, if a medical practice would have to
lay off staff due to the delay in a physician’s employment authorization, USCIS
may expedite the request. If an applicant loses their job because they cannot
travel for work, this could also be a reason for expedited processing.
Emergency or Urgent Humanitarian Situations: USCIS may expedite cases
involving emergencies or urgent humanitarian reasons such as critical medical
conditions, death or serious illness of a family member, or extreme living
conditions due to conflict or natural disasters.
Nonprofit Organizations: A nonprofit organization working in the cultural or
social interests of the United States may request expedited processing for a case

that supports its mission. Examples include a medical professional needed for
urgent research or a religious leader required for a critical outreach program.

Government Interests: Expedited processing may be granted when a federal,
state, or local government agency identifies a case as urgent, such as those
involving national security, public safety, or other significant government
interests.
Clear USCIS Error: If USCIS made a clear error in processing your application,
such as issuing an EAD with incorrect information that prevents you from
working, you may request expedited correction.
How to Request Expedite with USCIS
If you think your situation applies to one of the above, you can request expedite by
following these steps:
Review USCIS Guidelines: Make sure your situation qualifies under USCIS
expedite criteria.
Prepare Your Request: Gather documents that clearly show the urgency or
compelling nature of your situation. This might be medical records, financial
statements, or letters from government officials.
Submit Your Request: Contact the USCIS Contact Center to start your expedite
request. You may be asked to follow up with a formal letter explaining your
reasons and providing the necessary evidence.
Follow Up: After submission, follow up with USCIS to confirm receipt of your
request and to check status. Be prepared to provide additional documentation if
asked. It’s not a bad idea to call the USCIS hotline at 1 (800) 375-5283, use the
phrase “InfoPass” to be transferred to a live person and ask to initiate a “Service
Request” to expedite.
Congressional Assistance: Also contact one of your Senators for help in
following up with USCIS on the expedite request. Each Congressional office has
a website and an online form for you to fill-out to request assistance with this
federal agency.
USCIS Ombudsman: If USCIS is not responding to your expedite request, file
an inquiry with the USCIS Ombudsman which you can find here
Writ of Mandamus: In cases where USCIS is taking extreme delay, beyond
normal processing, you may want to file a Writ of Mandamus which is a lawsuit
against USCIS, filed in federal district court. This can be an effective way to
move things along, either because the Judge orders it or because the US
Attorney representing USCIS initiates the forward movement of the case.

How to Request Expedite with NVC (National Visa
Center)
If your spouse is outside the U.S., you can file an expedite request with the NVC after
the case is transferred from USCIS.

Write a formal letter or email to the NVC requesting expedite: Be brief but
clear in explaining why your case qualifies for expedite. Include:
▪ Case Details: NVC case number, petitioner and applicant names, and
any other relevant case information.
▪ Reason for Expedite: Clearly state the reason for your request and
reference the evidence you are providing to support your request.
▪ Contact Information: Your contact information in case NVC needs to
reach you for additional information.
Submit Your Expedite:
▪ Via email: Send the request and documents to NVCExpedite@state.gov.
▪ Online inquiry form:
○ Go to NVC Public Inquiry Form.
○ Fill out the form with your case number and contact information.
○ In the message box, explain why you are requesting expedite and
mention you are attaching documents (if applicable).
○ Submit.

Note: Attach all documents in one PDF if submitting by email and ensure the file size is
under 5 MB.

Follow-up: After you submit your expedite request, you may receive an email
from NVC. If NVC needs additional information or documents, respond quickly to
avoid delays. It is also a good idea to follow up after a few weeks if you have not
heard back or received an update on your request. You can also contact your
member of Congress to follow up with NVC.
NVC will review your request and decide if it’s approved after consulting with the US
Embassy. If approved, your case will be processed ahead of others and NVC will
contact you with next steps. If denied, your case will continue to be processed as
normal.

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

Professional woman wearing a hijab meeting

Consular Processing of I-130 in
Emergencies
In some situations when there are urgent or exceptional circumstances, the U.S.
Department of State (DOS) can accept and adjudicate an I-130 petition at a U.S.
embassy or consulate. This is usually for cases where immediate processing is needed
and filing through regular USCIS channels would not be enough to address the time
sensitive situation.
Usually, the US citizen petitioner is living abroad and needs to bring their spouse to the
US quickly due to an emergency.
If the Embassy approves the request for consular processing of I-130, then the visa will
be expedited. Door to door processing time is 2 to 4 months.
Examples of Emergencies:
● Military Emergencies: A U.S. service member stationed abroad may need
immediate processing due to a sudden deployment or transfer with little notice.
● Medical Emergencies: If the petitioner or beneficiary is facing a medical
emergency that requires immediate travel, expedite may be warranted.
● Threats to Personal Safety: Situations where the petitioner or beneficiary is
under an imminent threat, such as being forced to flee due to civil unrest or
natural disaster.
● Close to Aging Out: When the beneficiary is nearing the age where they would
no longer be eligible for certain benefits, expedite may be necessary.
● Naturalized Petitioner: If the petitioner has recently naturalized and the family
members need a new petition based on their U.S. citizenship, especially if they
are already abroad for a visa interview.
● Adoption of a Child: In cases where the petitioner has adopted a child abroad
and needs to depart the country imminently, expedite can be requested if they

have a full and final adoption decree and have met residency and legal custody
requirements.
● Short Notice of Job Relocation: When a U.S. citizen petitioner living abroad
receives a job offer or reassignment to the United States with little notice and
there is an urgent need to relocate. This is the most common reason for I-130
consular processing.
Discretionary: Acceptance of I-130 locally is at the discretion of the consular officer
and is case by case basis. The decision is usually for situations where filing
domestically with USCIS or online with an expedite request would not be enough to
address the urgency of the case.
Local Filings: If DOS decides to accept and adjudicate an I-130 petition at a U.S.
embassy or consulate, the process will be expedited. But if the consular office declines
to accept the filing, petitioners are advised to file with a USCIS lock-box or online and
request expedite through regular channels.

Washington Monument surrounded by green trees

Will the K-3 bring my spouse in faster?
If you are outside the U.S. and married to a US Citizen, it’s recommended to file the K-3
after the I-130. The K-3’s only purpose is to allow the foreign spouse to enter the U.S.
while the I-130 is pending with USCIS. But in most cases USCIS approves the I-130
before the K-3 interview. But in any case, it costs nothing to file the I-129F with USCIS.
So why not?
It doesn’t bring the spouse in any faster in most cases, but it’s an insurance policy in
case the I-130 gets held up by USCIS.
Filing for a K-3 visa, involves several steps to allow the spouse of a U.S. citizen to enter
the U.S. while waiting for the approval of their visa petition.
Step 1: File Form I-130, Petition for Alien Relative
● Supporting Documents:
▪ Proof of U.S. citizenship (e.g., U.S. passport, birth certificate).
▪ Marriage certificate.
▪ Evidence of any prior marriages being legally terminated (e.g., divorce
decrees, death certificates).
▪ Passport-sized photos of both spouses.

Step 2: File Form I-129F, Petition for Alien Fiancé(e) (Although traditionally used for
fiancé(e) visas, this form is also required for the K-3 visa)
● Supporting Documents:
▪ Copy of the Form I-130 receipt notice (Form I-797).
▪ Additional evidence of the marital relationship, if available.
▪ Passport-sized photos of both spouses.

Step 3: Wait for USCIS Approval
● I-129F Processing: Once USCIS receives Form I-129F, they will process the
petition. If approved, USCIS will forward the application to the National Visa
Center (NVC).
● I-130 Processing: If the I-130 petition is approved before the K-3 visa
application is processed, the K-3 visa process will be moot and the applicant
must proceed directly to the visa process.
Step 4: National Visa Center (NVC) Processing
● NVC Review: Once the I-129F is approved, the NVC will assign a case number
and send the petition to the U.S. embassy or consulate in the foreign spouse’s
country.
● NVC Notification: The NVC will notify the foreign spouse to start the visa
application process at the U.S. embassy or consulate.
Step 5: Apply for the K-3 Visa at the U.S. Embassy or Consulate
● Complete Form DS-160: The foreign spouse must complete the online
Nonimmigrant Visa Application (Form DS-160). This form is required for all non-
immigrant visa applications, including the K-3.
● Pay Visa Fees: The foreign spouse must pay the visa application fee.
● Schedule the Interview: After completing the DS-160 and paying the fees, the
foreign spouse must schedule an interview at the U.S. embassy or consulate.
● Prepare for the Interview:
▪ Valid passport.
▪ DS-160 confirmation page.
▪ Proof of payment of visa fees.
▪ Medical examination results from an approved physician.
▪ Affidavit of Support (Form I-134) showing that the U.S. citizen spouse can
support the foreign spouse.

▪ 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.

Happy couple enjoying a tropical beach vacation

Tips for Marriage Visas and Green Cards

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

When applying for adjustment of status in the U.S., one important concept to be aware
of is the “90-Day Rule”. This is a guideline used by U.S. Citizenship and Immigration
Services (USCIS) to determine if an individual who entered the U.S. on a non-immigrant
visa had a pre-conceived intent to immigrate. This is crucial especially for those who
plan to marry a U.S. citizen or take other steps towards permanent residency shortly
after entering the U.S.
What is the 90-Day Rule? is a USCIS policy to determine the intent of non-immigrant
visa holders when they entered the United States. This rule is applicable to individuals
who entered the U.S. on a non-immigrant visa such as B-2, F-1 or H-1B and then marry
a U.S. citizen or take other major steps towards getting permanent residency within 90
days of their arrival.
The Presumption of Preconceived Intent
Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies
for adjustment of status within 90 days of their entry to the United States, USCIS may
assume that the individual had a preconceived intent to immigrate when they entered
the country.
For example, if someone enters the U.S. on a tourist visa which is for short term visit
and not for immigration purposes and then marries a U.S. citizen within the first 90
days, USCIS will question whether the individual really intended to go back to their
home country or if they always planned to stay in the U.S. permanently.
Rebutting the Presumption
The good news is that the presumption of preconceived intent is rebuttable. Applicants
can provide evidence to USCIS they did not have an intent to immigrate when they
entered the U.S.
Some ways to rebut the presumption include:
● Providing detailed explanation of circumstances: Applicants can explain the
circumstances that led to their marriage or application for adjustment of status
within the 90-day period. For example, if the marriage was spontaneous and not
planned before entering the U.S., this should be clearly stated.
● Offering evidence of changed circumstances: In some cases, events or
circumstances may have changed after the individual’s arrival in the U.S. that

prompted their decision to marry or apply for adjustment of status. Documenting
these changes can help rebut the presumption of preconceived intent.
● Submitting affidavits: Affidavits from the applicant, the U.S. citizen spouse and
other individuals who can attest to the legitimacy of the relationship or change in
circumstances can be helpful in rebutting the presumption.
What if the Presumption is Not Rebutted?
If an applicant cannot rebut the presumption of preconceived intent, their adjustment of
status application will be denied. In some cases, USCIS may also find that the individual
committed fraud or willful misrepresentation which can have serious consequences
including being barred from re-entering the U.S. in the future.
What to Do If You Are Affected by the 90-Day Rule
If you are planning to marry a U.S. citizen or apply for adjustment of status and you
entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware
of the 90-Day Rule. Here’s what you can do:

Seek advice: Given the complexity of U.S. immigration law and the
consequences of denial, it’s highly recommended consult with an experienced
immigration attorney before taking any step that can trigger the 90-Day Rule.
Document your intent: If you decide to marry or apply for adjustment of status
within the 90-day period, ensure you have all the documentation of your intent
and the circumstances surrounding your decision. This documentation can be
helpful in rebutting the presumption of preconceived intent.
Be ready to provide evidence: USCIS may request additional evidence or an
interview to review your case. Be ready to provide detailed explanation to prove
that your actions were not pre-planned before entering the U.S.
FAQs
My marriage green card application is taking longer than the usual processing
time. What should I do?
If your case is taking longer than the standard processing time, you can file a case
status update request with USCIS. If there’s still no movement, you can contact your
congressman for help or file a FOIA request to get more information about your case.
My spouse was denied a marriage green card. How long will it take to reapply?

If your spouse’s green card is denied, it will greatly impact the timeline to reapply. You
may need to address the denial, gather more documents, and consider appeal and
federal court litigation if denied again. Consult with an immigration attorney to explore
your options and avoid further delays.
Can same-sex couples apply for marriage green card and how long?
Yes, same-sex couples can apply for a marriage green card just like opposite-sex
couples. The processing time is the same, but the circumstances of your case may
affect the timeline. Ensure your marriage is recognized in the jurisdiction where you got
married.
If a U.S. citizen petitioner naturalizes while their spouse’s green card is pending,
how long will it take?
If a U.S. citizen petitioner naturalizes while their spouse’s green card is pending, it will
speed up the process. But you may need to update the application to reflect the new
citizenship status, which may require additional documents. If this happens during
consular processing, the petitioner may need to file a new I-130 based on their U.S.
citizenship.
Can I travel while my marriage green card is pending?
If you are applying for a marriage green card while in the U.S., it’s not recommended to
travel abroad without getting advance parole, which is a travel document that allows you
to re-enter the U.S. If you travel without this, USCIS may consider your application
abandoned and you may face delays or denial.
Can I work while my marriage green card is pending?
Yes, if you are in the U.S. and your application is pending, you can apply for an
Employment Authorization Document (EAD). This will allow you to work while waiting for
the final decision on your green card application. The EAD is a valuable document that
will allow the applicant to work during the processing period.
What if my spouse dies during the process?
If the sponsoring spouse dies during the application process, the application may be
revoked. But in some cases, the immigrant spouse can still proceed with the application.

Consult with an immigration lawyer in such situations. There are specific provisions that
will allow the surviving spouse to continue the process.
How long to become a U.S. citizen?
If you are a lawful permanent resident, you can apply for citizenship after 5 years. If you
are married to a U.S. citizen, you can apply for citizenship after 3 years. These are
estimates, and the actual time may be shorter or longer depending on your case. The
path to citizenship has additional requirements such as continuous residence and
physical presence.
Do I need an attorney for a marriage green card?
While you do not need an attorney to represent you during the green card process,
having an experienced immigration attorney can increase your chances of success,
particularly if your case has higher risk factors or if you need support in making an
expedite request.
What is Conditional Permanent Residence (CR1)?
If the marriage is less than 2 years old when the green card is approved, the foreign
spouse will get a conditional permanent residence. This means the green card is valid
for only 2 years, and the couple must file a joint petition to remove the conditions on
residence before the card expires. This requires proving the marriage is ongoing and
genuine. Removing the conditions is a critical step to get a permanent green card.
Pro Tip: If the immigrant spouse has the CR1 visa in hand and valid for 6 months and
the 2-year anniversary of the marriage is within a month or so, it may be worth delaying
the immigrant’s entry to the U.S. so that the entry date to the U.S. is after the 2 year
wedding anniversary. Then upon entry, the immigrant will be a Permanent Resident with
no conditions.
How does a pandemic or natural disaster affect marriage green card processing
time?
Pandemics, natural disasters, or other significant events can cause processing delays
due to USCIS office closures, staff shortages, or disruptions in consular services. In
some cases, USCIS may issue blanket authorizations for expedited processing for

those affected by such events. Stay informed about any temporary policies or changes
in processing times due to unforeseen circumstances.
What if my spouse and I move while the green card application is pending?
If you and your spouse move to a new address while the green card application is
pending, you must notify USCIS of the change of address within 10 days. Failure to
update your address can result in delays or missed communications such as interview
notices or requests for more information.
Documents for Marriage Green Card
Documents from the U.S. Citizen Spouse:
● Proof of U.S. Citizenship: U.S. passport, birth certificate or naturalization
certificate
● Proof of Marriage: Marriage certificate
● Proof of Termination of Prior Marriages: Divorce decrees or death certificates
for all prior marriages
● Affidavit of Support (Form I-864): Shows that they can financially support their
spouse (for I-485 or DS-260)
● Proof of Financial Ability: Tax returns, W-2 forms, pay stubs or letter from the
employer (for I-485 or DS-260)
● Proof of Domicile: Evidence resides or will reside in the U.S. such as utility bills,
lease agreements or mortgage statements
● Proof of Relationship: Photos together, joint bank account statements, and
other documents showing a shared life.
Documents from the Foreign National:
● Passport
● 2 recent passport-style photos
● Visa and Travel Documents: Copies of the visa, I-94 records, and other travel
documents
● Birth Certificate: Original or certified copy
● Marriage Certificate: Original
● Police Clearance Certificate: Police certificate from any country where the
foreign national has lived for more than 6 months since the age of 16

● Medical Examination Report (Form I-693): Completed by a USCIS-approved
physician
● Proof of Lawful Entry: Evidence of lawful entry to the U.S. such as visa stamps
or I-94 records
● Proof of Relationship: Additional evidence like photos, emails, or affidavits from
friends and family.
Filing Fees and Additional Costs
The cost of the marriage green card process varies based on the location of the
immigrant spouse.
● In the U.S. (Adjustment of Status): $3,265, including optional work
authorization and advance parole, plus medical exam fees.
▪ I-130: $675
▪ I-485: $1,440
▪ I-765: $520
▪ I-131: $630
● Abroad (Consular Processing): $1,355, plus medical exam fees.
▪ I-130: $675
▪ DS-260: $325
▪ Affidavit of Support: $120
▪ Green card: $235

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

How to Prepare fora Marriage Green Card Interview

Hand over tickets and passports to customers

Introduction
Getting a marriage-based green card is a process, and the interview is the final step.
You and your spouse can finally start your life in the United States. To help you feel
more comfortable and prepared, this guide will go through everything you need to know
about the green card interview.
What to Expect
The marriage green card interview is the last step of the process. If the spouse applying
for the green card is already in the United States, the U.S. Citizenship and Immigration
Services (USCIS) will schedule the interview. If the spouse is abroad, the National Visa
Center (NVC) will handle the scheduling.
Key Points to Expect:
● Purpose of the Interview: The interview is to verify that your marriage is real
and not fraudulent. The interviewing officer will ask questions about your
relationship history, daily life, and plans together.
● Common Questions: You can expect questions ranging from how you met to
details about your wedding, daily routines, and even your spouse’s family.
● Legal Parameters: Understanding the burden of proof and the standard of
evidence required is crucial. The burden of proof lies with you, the petitioner, to
show that your marriage is real.
Why So Much Fuss?
While most marriage green card cases are real, there is some marriage fraud out there.
USCIS has a legitimate law enforcement function to identify and prosecute marriage
fraud .

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

Preparing Your Documents:
● Checklist of Essential Documents: Bring your marriage certificate, birth
certificates, joint income tax returns, and other key documents. Ensure you have
both original documents and certified copies.
● Presenting Your Evidence: Organize your documents clearly and logically. Use
labels and explanations to make it easy for the officer to understand your
evidence.
When you submitted your I-130 you already provided a lot of documentation to support
the bona fides of your marriage. For the interview, you should bring new
documentation of your shared life since submitting the I-130.
Types of Evidence:
To prove the authenticity of your marriage, you will need to provide strong evidence.
This includes:
● Cohabitation Documents: (lease, deed, bills, and other records with both or
one of your names but with a common address)
● Financial Commingling: (joint bank account you both actively use for deposits
and withdrawals of daily living expenses; jointly filed taxes; joint insurance; joint
ownership of assets (real estate, vehicles, etc.), joint debt (bills, credit cards,
loans, mortgages)
● Social Proof: (joint pictures with family/friends, written statements from
friends/family that are dated, signed, explain how they know you and how they
know this is a real relationship — such as recounting shared experiences, diners,
concerts, visiting your home, etc.)
Bring the following documents to the interview:
● Birth certificate
● State ID/Driver’s License/Passport
● Marriage certificate
● Interview letter
● Current/expired U.S. visa(s)
● Medical examination document
● Proof of sponsor’s U.S. citizenship or permanent residence
● Proof of lawful U.S. entry and status, if applicable
● Police clearance certificate, if applicable
● Court, police, and prison records, if applicable

● Military records, if applicable
● Immigration violation records, if applicable
● Last three months’ joint bank statements
● Most recent joint utility bill
● Most recent joint phone bill
● Most recent medical insurance cards
● Most up-to-date car insurance
● Copy of 401K or life insurance
● Recent federal tax return (if filed jointly)
● Additional joint documents with both names
● Twenty-30 photographs (2 pictures to a page, annotated with names of people in
the photograph, identifying the relationship, date and place, and special meaning
of the occasion)
● Screenshots of texts exchanged
● Social media postings and other evidence
Also write a detailed narrative of your relationship, including how you met, common
interests (we both like hiking!), high points of the relationship, such as traveling, shared
struggles (such as a death in the family), and plans for the future. Submitting this signed
and notarized statement helps build the administrative record and helps you control the
narrative.
Having all the documentation can prevent bad outcomes and make the interview
smoother.

Burden of Proof: Who Has to Prove What?
In administrative proceedings, such as the adjudication of an I-130, the petitioner, not
the government, has the burden of proof to establish eligibility for the benefit sought
(Matter of Brantigan, 11 I & N Dec. 453 (BIA 1966)).
In other words, USCIS doesn’t have to prove fraud to deny the I-130. They can deny it if
the petitioner fails to meet the burden of proof to show the marriage is real. The
petitioner is presumed ineligible until proven otherwise.
Standard of Proof: How Much is Enough?
To get approved, the petitioner must provide evidence that meets the standard of proof
to show your marriage is valid. The standard of proof varies in different scenarios.

Other situations require a higher standard of proof.
Special Circumstances
In some cases, a higher standard of proof, such as “clear and convincing evidence,”
may be required.
● Clear: The evidence must be explicit, precise, and unambiguous.
● Convincing: The evidence must be strong enough to command the unhesitating
assent of every reasonable mind.
Examples of Enhanced Evidence
● Detailed affidavits about the relationship’s history and context.
● Extensive documentation of the intertwining of financial and social lives.
● Psychological evaluations or professional attestations about the couple’s
relationship.
● More extensive photographic evidence, including various life events.
Specific Situations Requiring Higher Proof
Marriage within Five Years of Obtaining LPR Status:
● Generally prohibits approval of a visa petition filed by a Lawful Permanent
Resident (Green Card Holder) for a spouse within five years of obtaining LPR
status through a prior marriage.
● The petitioner can overcome this prohibition with clear and convincing evidence
the prior marriage was genuine or ended through death.
Marriage During Removal Proceedings:
● Prohibits approval of a visa petition if the marriage occurred during exclusion,
deportation, or removal proceedings.
● Exceptions can be made if the petitioner provides clear and convincing evidence
the marriage was entered in good faith and not for immigration benefits, or if the
alien beneficiary resided outside the U.S. for at least two years after the
marriage.
Where Fraud is Alleged:

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

Woman in a red saree during a formal interview

The Interview
The green card marriage interview will be conducted by a USCIS officer (in the US) or a
consular officer (abroad) who is trained for marriage-based green card interviews. The
interviewing officer’s main goal is to verify the marriage and determine if the foreign
spouse is eligible for a green card.
The officer will ask about the spouse’s entry to the US, arrests, and previous
immigration history. It is crucial to be prepared to answer questions effectively, and
having an experienced immigration attorney can help with this preparation.
Interview Questions
During the marriage green card interview, you can expect questions that delve into the
details of your relationship, such as how you and your spouse met, your daily routines
as a married couple, and your plans together. This is also an opportunity to present
extra evidence to prove your marriage.
Answer the officer’s questions honestly, directly, and briefly. If you do not know or do
not remember the answer, it is better to say so than to make something up.
Interviewed Separately
Sometimes couples are interviewed separately – either by two different officers or by
the same officer but one at a time. This is called a “Stokes” interview , used to verify the
consistency of each spouse’s answers.
Be prepared by ensuring both of you know your relationship details. If USCIS interviews
the spouse separately, it is important to provide accurate answers to the questions
asked. If you are unsure or do not know the answer, you should say so.
Know Your Relationship Details

Expect questions about your relationship history – how you and your spouse met,
details of your wedding ceremony, and your spouse’s parents. Knowing details about
your spouse’s parents is important as it shows the depth of your relationship and
familiarity with each other’s families.
The interviewing officer may also ask about your daily routines – who cooks, who
cleans, and whether your spouse drinks coffee. Knowing these details will help prove
your relationship.
Family and Friends
Officers may ask about your families and friends, including your spouse’s parents,
children from the marriage, and how your families interact. Be prepared to talk about
significant events – your spouse’s birthday and important holidays you celebrate
together.

Common Questions for Marriage Green Card Interview
Relationship History
● How did you and your spouse meet?
● Where were some of your first dates?
● How long did you date before getting married?
● What is the story of your proposal?
Your Wedding
● What was your wedding like?
● Who was at your wedding?
● What was the food?
● How many people attended
● Were there any special rituals? If so, what kind?
● Did you go anywhere for your honeymoon? If so, where?
Daily Routines
● What is daily life like for you and your spouse at home?
● How do you start your day?
● How often do you text or call each other when you are apart?
● Who cooks?
● Who cleans?

● Do you spouse drive?
Your Children (If Any)
● How do your children get to school?
● Who are their friends?
● What is their favorite food?
● Do they play any sports? If so, what?
Personal Habits and Needs
● Which side of the bed do you sleep on?
● What PJs do you wear?
● What medications does your spouse take?
Big Events, Rituals or Celebrations
● When is your birthday?
● How do you celebrate your last birthday? When is your spouse’s birthday?
● What did you get each other?
● What is the most important holiday of the year in your household and where do
you celebrate it?
Cooking
● How often do you eat out?
● What is your favorite restaurant for special occasions? For weekly outings?
● What is your favorite food?
● Who cooks most?
● Who does the grocery shopping? Where do you shop?
● Is there a food you eat every week?
● What is your spouse’s favorite/least favorite food?
● What color are the kitchen curtains?
● Do you have a BBQ grill? Do you use it?
● Is your stove gas or electric?
Residence
● Do you live in a house or apartment?
● What is your current address?
● How many bedrooms are in the apartment/house?
● How many bathrooms are in the apartment/house?

● How many televisions are in the residence?
Special Occasions
● What did you do for Christmas, or Thanksgiving, or 4th of July Weekend, Labor
Day Weekend, Memorial Day Weekend, etc.?
● What did you do for her/his birthday?
● What did you do for your spouse’s birthday?
● Did you get her/him a gift for her/his birthday?
● What did you get her/him?
● Did you get her/him a gift for Christmas?
● What did you get her/him?
Recent Events
● Did you eat together last night?
● What time did you eat?
● What did you eat?
● Did you sleep together last night?
● What time did you sleep?
● What did you do last weekend?
Spouse’s Basic information
● What is your spouse’s full name?
● Where was your spouse born?
● How did your spouse get to the US?
● Where did your spouse enter the US?
● Does your spouse have children from before your marriage?
● Has your spouse ever been married before?
● How many siblings does your spouse have? What are their names?
● What are your in-laws’ names?
● What are your spouse’s parents like?
● When was the last time you saw your in-laws?
● Where does your spouse work?
● How much does your spouse earn?

Smiling couple holding passports at the airport

Helpful Tips

Be truthful during the interview : They will ask personal questions, so be
honest. If a question is too personal, let them know but try to answer the best of

your ability. Transparency will help build trust and show your marriage is real.
Providing accurate information is crucial; misrepresentation can lead to denial
and a potential ban from the U.S.

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

Guide to Form N-648: Medical Certification for Disability Exceptions to Naturalization

hands holding a cane and supporting each other

Overview

Applying for U.S. citizenship typically involves showing proficiency in English and knowledge of U.S. civics. But what if you have a physical, developmental, or mental impairment that makes it difficult to meet these requirements?

The U.S. Citizenship and Immigration Services (USCIS) offers a Medical Disability Exception (Form N-648) for eligible individuals to be exempt from these requirements. This guide provides an overview of Form N-648, covering its purpose, application process, common issues, and tips for successful completion.

What is Form N-648?

Form N-648 is for naturalization applicants who cannot demonstrate English proficiency and knowledge of U.S. history and civics due to physical or mental impairments. This form explains why the applicant cannot meet these requirements because of their disability. A licensed medical doctor, doctor of osteopathy, or clinical psychologist must complete the form to request a medical exception.

Key Takeaways

Purpose: Form N-648 helps applicants with disabilities seek exemptions from citizenship test requirements.
Documentation: Detailed medical documentation is crucial to support the exemption request.
Accuracy: Errors or incomplete information on Form N-648 can lead to delays or denial of the exemption.

Naturalization Requirements

Normally, naturalization applicants must learn 100 questions about U.S. civics and history and demonstrate English reading, writing, and speaking skills. However, applicants with impairments can request exceptions or accommodations to modify these requirements using Form N-648. USCIS provides these services to help individuals with disabilities navigate the naturalization process.

Quick Links & Resources

Accommodation vs. Exemption in Naturalization

In U.S. naturalization, accommodation and exemption are two different provisions for applicants with disabilities. It’s important for applicants and their medical professionals to understand the difference between these terms.

Accommodation

An accommodation means modifications or adjustments to the standard testing process to help applicants with disabilities show they can demonstrate English proficiency and knowledge of U.S. civics. Accommodations do not exempt applicants from the requirements but make the tests more accessible.

Examples of accommodations:

Extended Time: Extra time to complete the English and civics tests.
Sign Language Interpreters: Interpreters for applicants who are deaf or hard of hearing.
Off-site Testing: Naturalization interview and tests at a location other than the standard USCIS office for applicants with mobility issues.

Applicants can request a disability accommodation online at uscis.gov/accommodations or by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833)

Exemption

An exemption is a complete waiver of the English and/or civics requirements due to a medically determinable physical, developmental or mental impairment. To request an exemption, applicants must submit Form N-648, Medical Certification for Disability Exceptions, completed by a licensed medical professional. The form must provide detailed information about the applicant’s disability, how it affects their ability to learn, and confirm that the impairment will last at least 12 months and is not due to illegal drug use.

Key Differences

Now that you understand the differences, applicants and medical professionals can navigate the naturalization process better and get the right support for those with disabilities.

Who is eligible for N-648 Disability Waiver?

To qualify for a disability waiver:

The applicant has a medically determinable physical or developmental disability or mental impairment that prevents them from learning English and/or U.S. history and civics.
The disability will last at least 12 months.
The disability is not due to illegal drug use.

Guidelines for Completing Form N-648

Medical professionals must ensure their handwriting is legible, use black ink or type into the PDF form, and answer every question. The form must be single sided and provide a full explanation of how the impairment affects learning, reading, writing, or understanding English and U.S. civics.

Types of Qualifying Disabilities

Here are some examples of health issues that may be considered in Form N-648:

Physical Disabilities:
- Mobility impairments affecting the ability to attend language classes.
- Visual or hearing impairments hindering comprehension of English or civics.
Developmental Disabilities:
- Autism spectrum disorders impact social interaction and language learning. (Down syndrome)
- Intellectual disabilities affect comprehension of civic concepts.
Mental Health Conditions:
- Severe anxiety disorders affect communication abilities. (Schizophrenia)
- Post-traumatic stress disorder (PTSD) impacting concentration and memory.
Neurological Conditions:
- Stroke-related impairments affecting speech and cognitive functions.
- Traumatic brain injuries influence memory and language skills.
Chronic Health Conditions:
- Chronic pain conditions affect concentration during language tests.
- Conditions requiring frequent medical treatments impacting study time (Chronic Obstructive Pulmonary Disease (COPD)).

Each case is unique, and the medical professional must clearly describe how these conditions specifically affect the applicant’s ability to meet English and civics requirements for naturalization

Old age, forgetfulness, unspecified learning disabilities, illiteracy, no formal education, and general correctable hearing/sight impairments do not qualify.

Age Waivers to Naturalization Test Requirements

Certain applicants meeting specific age and residency requirements can take an easier citizenship test:

Age 50+ and 20 Years as Resident: Exempt from English test and civics test in their own language.
Age 55+ and 15 Years as Resident: Exempt from English test and civics test in their own language.
Age 65+ and 20 Years as Resident: Exempt from English test, simplified civics test in their own language (20 out of 100 questions).

Tips for Applicants

Here are some practical tips for applicants seeking a medical disability exception:

Before the Application

Choose the Right Doctor: Ensure the medical professional is licensed and experienced in diagnosing and treating the disability.
Fill out the Form Completely: Provide detailed information for all sections.
Submit on Time: Submit Form N-648 with or shortly after Form N-400.

During the USCIS Interview

Bring Supporting Documents: Have additional medical records or documents ready to support your case.
Request an Interpreter: If needed, request an interpreter for the interview.
Explain Discrepancies: Be prepared to explain any differences between submissions or records.

What Happens After Submitting Form N-648?

Initial Review: Once USCIS receives your Form N-648, they will review it for completeness. If any required information is missing, your form may be considered insufficient.
Additional Information Requests: USCIS may ask for more details or evidence to support your application. They might also request the originals of any documents you submitted copies of. If they ask for original documents, these will be returned to you once they are no longer needed.
Decision Notification: The decision on your Form N-648 will determine if you qualify for an exception to the English and/or civics requirements for naturalization. USCIS will inform you of their decision in writing.
Important: If USCIS issues a Request for Evidence, respond promptly with the required information. For complex cases or if you’re unsure how to proceed, consult an immigration lawyer for guidance.

Step-by-Step Guide for Medical Professionals

Fill out the Form N-648 correctly and completely to ensure the applicant gets the exemption from English and civics requirements for naturalization. One of the most common reasons for N-648 denial is the doctor failed to fill out the form properly.

Part 1: Applicant Information

Full Name: Enter the applicant’s full legal name as it appears on their ID.
Date of Birth: Provide the applicant’s birthdate in MM/DD/YYYY format.
Alien Registration Number (A-Number): Enter the applicant’s A-Number, which can be found on their green card or other immigration documents.

Part 2: Medical Professional Information

Your Information: Fill in your full legal name, business address, and contact number.
Professional Title: Include your professional title (e.g., M.D., D.O., Clinical Psychologist).
License Details: Enter your state license number and the state where you are licensed.

Part 3: Medical Diagnosis and Disability Information

Clinical Diagnosis: Clearly state the clinical diagnosis of the applicant’s disability.
Date of Examination: Record the date of the applicant’s last examination.
Duration of Disability: Indicate whether the disability has lasted or is expected to last at least 12 months.
Impact Description: Describe the disability in straightforward terms and explain how it affects the applicant’s ability to learn English and civics.
Diagnostic Methods: Detail the specific clinical methods or tests used to diagnose the disability (e.g. MRI, psychological evaluation, physical exam).

Part 4: Certification

Illegal Drug Use Statement: Certify the disability is not connected to illegal drug use.
Medical Professional’s Certification: Read the certification statement and sign and date the form, certifying the accuracy of the information provided.

Part 5: Interpreter Information (if applicable)

Interpreter Details: Include the interpreter’s full name, business address, and the language used during the examination.
Interpreter’s Certification: The interpreter must sign and date the form to verify the accuracy of the translation.
Note: For phone services, the medical professional fills out the interpreter’s biographic information but the interpreter does not need to sign the form.

Part 6: Additional Information

Extra Sheets: Attach additional sheets if needed, ensuring each includes the applicant’s name and A-Number.

Best Practices for Medical Professionals

Use Simple Language: Remember USCIS officers reviewing the form may not have medical expertise. Avoid medical jargon; explain the disability in clear, understandable terms.
Provide Complete Details: Ensure every section is fully completed. Vague or incomplete answers can lead to denials.
Specific Impact Description: Clearly state how the disability affects the applicant’s ability to meet English and civics requirements.
Avoid Repetition: Customize each form to the individual applicant to avoid suspicion of fraud.
Certify Accurately: Double-check all signatures, including those of interpreters, to ensure completeness.

Tips for Completing Form N-648

Understanding Nexus: Nexusis crucial in Form N-648, referring to the connection between the applicant’s medical impairment and their inability to demonstrate English proficiency and knowledge of U.S. history and civics. To enhance approval chances, medical professionals must clearly articulate how the impairment directly impacts these areas.
Addressing Multiple Health Issues: When applicants have multiple health issues, including physical or developmental disabilities, the combined effect can exceed the sum of individual impacts. Medical professionals should carefully assess and explain how these impairments collectively hinder the applicant’s ability to meet naturalization requirements.
Providing Detailed Descriptions: For each health issue, describe the disability or impairment in detail, using simple language and no abbreviations or acronyms. Specify the clinical methods used for diagnosis and illustrate how each impairment affects daily activities and the ability to understand English and civics.
Emphasizing Specificity: Medical professionals must avoid vague terms like “unlikely” or “probably” and instead provide explicit details regarding what the applicant can and cannot do. Ensure all relevant checkboxes on the form are checked accurately.
Using the DONE Method: Remember the DONE when filling out Form N-648:
- Diagnosis: Clearly state the nature of the illness or disability in simple, understandable terms.
- Origin: Describe the cause of the disability, providing context for USCIS officers.
- Nexus: Explain how the symptoms of the disability directly prevent the applicant from learning English and/or U.S. civics.
- Effect: Conclude with a clear statement that the disability renders the applicant unable to learn English and/or U.S. civics due to its impact.
Considering Medication Effects: Describe how any prescribed medication or treatment influences the applicant’s ability to learn or demonstrate knowledge. Clearly state if medication does not improve the applicant’s condition.

Important Note:

USCIS may not accept a Form N-648 if the certifying medical professional completed it more than 180 days before the submission of Form N-400. Ensure that your N-648 is up-to-date when you file your naturalization application.

Hands reading braille on a tactile document

Understanding USCIS Review Process

USCIS officers must thoroughly review Form N-648 to determine if the applicant is eligible for the medical disability exception. Here’s what officers should and should not do during this review:

What to Do

Verify Completion and Certification: Ensure Form N-648 is fully completed, certified, and signed.
Confirm Applicant’s Identity: Check that the form is for the applicant and that there are no significant discrepancies between Form N-648 and the applicant’s A-file or other records.
Review Evidence: Ensure the form provides enough evidence to establish eligibility. This includes making sure the medical professional’s explanation is detailed and specific to the applicant’s disability or impairment.

What Not to Do

Question the Medical Diagnosis: Officers should not validate the medical diagnosis or second-guess the medical professional’s assessment.
Request Unnecessary Medical Records: Officers should not ask to see the applicant’s medical or prescription records without significant discrepancies.
Mandate Specific Diagnostic Tests: Officers should not require the applicant to undergo specific medical, clinical or laboratory tests or methods.
Doubt Based on Previous Disclosures: Officers should not conclude the applicant has not met the burden of proof solely because the medical condition was not disclosed in previous exams.
Refer to Another Medical Professional Unnecessary: Officers should not refer the applicant to another medical professional just because the applicant was examined by a professional who speaks the same language, has the same culture, ethnicity or nationality.

Relationship Between Medical Disability and Educational Requirements

When reviewing Form N-648, officers must determine if the medical professional explains that the applicant’s disability prevents them from demonstrating required English language skills or knowledge of U.S. civics. Illiteracy or advanced age alone is not a valid reason for an exception. The impairment must affect the applicant’s ability to understand and use English, including reading, writing, and speaking, and/or know U.S. history and government.

Interpreters

Form N-648 Certification

If it’s unclear if an interpreter was used during the medical exam, officers should ask the applicant about the communication methods used. The medical professional must sign the interpreter certification if an interpreter was used. Telehealth exams do not require interpreter certification on Form N-648 but officers may question the interpreter if necessary and place them under oath.

Interpreter at Interview

Officers must use an interpreter to communicate with the applicant in their preferred language if there are questions about Form N-648 or if the form is incomplete. If the provided interpreter is disqualified, officers may use a language service or reschedule the interview so the applicant can find a new interpreter.

Reasons to Doubt the Form N-648

USCIS may find Form N-648 incomplete if there are credible reasons to doubt its validity, such as:

The applicant was not examined by the certifying medical professional
The medical professional is under investigation for fraud
The interpreter involved in the exam is suspected of fraud
Evidence of fraud or misrepresentation in the record
Multiple Form N-648 submissions with different diagnoses

Officers must give the applicant an opportunity to explain during the interview. If necessary, officers may issue a Request for Evidence (RFE) or require a new Form N-648 from another medical professional but only with supervisory approval.

Most Common and Approvable Diagnoses for Cognitive Impairment

Dementia

Dementia is one of the most common and approvable diagnoses for cognitive impairment under Form N-648. Dementia is a general term for a decline in mental ability severe enough to interfere with daily life. Alzheimer’s is the most common type of dementia.

Key points to address in the Form N-648 for dementia include:

Detailed Clinical Diagnosis: Include specific details about the type and severity of dementia.
Cognitive Testing Results: Provide results from standardized cognitive tests.
Impact on Daily Functioning: Explain how dementia affects the applicant’s ability to understand and respond to questions related to English and civics tests.
Prognosis: Describe the expected course and outcome of the condition.

Intellectual Disability

Intellectual Disability is another common diagnosis that that can support a Form N-648 request. It involves significant limitations in both intellectual functioning and adaptive behavior, covering social and practical skills.

Key points to address in Form N-648 for intellectual disability include:

Standardized IQ Test Scores: Provide scores from recognized IQ tests.
Adaptive Behavior Assessments: Include assessments of social and practical skills.
Specific Limitations: Explain how the disability affects learning and understanding.

USCIS Views on Depression Diagnoses

Major Depressive Disorder (MDD)

While depression is a recognized mental health condition, USCIS requires substantial evidence to grant a medical disability exception based on mental health conditions including depression. Major Depressive Disorder (MDD) must be severe and debilitating to qualify for an exemption.

Severity of Symptoms: Document the severity and frequency of depressive episodes including any psychotic features.
Impact on Cognitive Functioning: Explain how depression specifically affects the applicant’s cognitive abilities and ability to learn or test in a testing environment.
Treatment History: Provide detailed treatment history including hospitalizations, medications and therapy.
Comorbid Conditions: Mention any comorbid conditions that may worsen the symptoms of depression and affect the applicant’s functionality.

Common Reasons for RFE or Denial of Form N-648

RFE (Request for Evidence)

Incomplete or Missing Information: The primary reason for receiving an RFE is incomplete or missing information on Form N-648. Ensure all sections are fully filled out and provide detailed explanations where required.
Lack of Specificity: RFEs may be issued if the medical professional’s explanation of how the disability affects the applicant’s ability to meet English and civics requirements is vague or overly general.
Discrepancies: Significant discrepancies between multiple submissions of Form N-648 or inconsistencies with other records can trigger an RFE.
Missing Signatures: All required signatures, including the medical professional and interpreter (if applicable), must be on the form.

Denial

Non-Compliance with RFE and NOID: Failure to respond adequately to RFEs (Request for Evidence) or NOIDs (Notice of Intent to Deny) or providing insufficient responses can lead to denial of Form N-648.
Unresolved Discrepancies: Persistent unresolved discrepancies between Form N-648 and other records or multiple form submissions will result in denial.
Fraud: Evidence indicating fraud or misrepresentation by the applicant, medical professional, or interpreter will lead to immediate denial.
Insufficient Evidence: If the submitted evidence does not clearly demonstrate how the applicant’s disability prevents them from meeting English and civics requirements, a NOID may be issued, potentially leading to denial.

What if Form N-648 is Denied?

Initial Interview

If Form N-648 is found deficient during the initial interview but the applicant meets English and civics requirements, the officer will proceed with the rest of the naturalization interview to assess other eligibility criteria. The officer should not automatically assume fraud or lack of good moral character solely based on the deficiency of the N-648. However, further questioning regarding the reasons for the form’s deficiencies may follow.

Failing English and Civics Requirements

If Form N-648 is found deficient and the applicant does not meet English or civics requirements, the officer will issue a written notification listing the deficiencies. The applicant will be scheduled for a re-examination typically 60 to 90 days after the initial examination to provide an opportunity to meet the requirements.

Re-Examination

During the re-examination, if the applicant submits new information in support of Form N-648, the officer will review this evidence alongside the original form and supporting documents. If the applicant either fails any part of the test again or refuses to take it, the officer must deny the naturalization application due to the applicant’s failure to meet the English or civics requirements.

Hearing on Denial

In case of denial, the applicant can file a Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336) within 30 days of the denial. USCIS may conduct a full de novo hearing and review any previously submitted Form N-648 and other relevant records. At the hearing, the applicant may present additional evidence, including a new Form N-648, to support their case.

Form N-648 Fraud and Criminal Charges

Fraud

Form N-648 fraud involves instances where medical professionals falsify diagnoses or provide false information to assist applicants in obtaining naturalization exemptions unlawfully. This fraudulent activity not only undermines the integrity of the naturalization process but also harms the applicants involved.

Criminal Charges

Several cases have emerged where doctors faced criminal charges for fraudulent completion of Form N-648. These charges typically include immigration fraud, perjury, and conspiracy. Physicians accused of falsely claiming that applicants had disabilities preventing them from meeting naturalization requirements have faced severe consequences, including imprisonment and revocation of their medical licenses.

Protect Yourself from Scams

USCIS aims to protect you from immigration scams, especially those involving fraudulent medical certifications for disability exceptions. Criminal cases have been prosecuted against individuals like Dr. Chilakamarri Ramesh, Habeeb Malik, Dr. Ira Weiner, Dr. Thongchai Vorasingha, Dr. Roberto J. Velasquez, Dr. Fernando Mendez-Villamil, and Julia Nguyen for such frauds.

Here are some important points to remember when seeking a medical certification for a disability exception:

No Filing Fee for Form N-648: Although there’s no fee to file Form N-648, medical professionals may charge for examinations and completing forms.
Authorized Medical Professionals Only: Only licensed medical doctors, doctors of osteopathy, or clinical psychologists in the U.S. can certify Form N-648. Verify their license through your state medical board.
Proper Evaluation: The medical professional must evaluate you in person or through a real-time telehealth examination (if allowed by state law) and diagnose a condition that prevents you from meeting the educational requirements.
Attestation/Release of Information: Ensure you read and sign the Applicant’s (Patient’s) Attestation/Release of Information. If you cannot sign due to a disability, a legal guardian, surrogate, or designated representative can sign for you.

For more information and resources to avoid scams, visit the Avoid Scams page on the USCIS website.

Although filing Form N-648 can often be straightforward, the consequences of errors or misunderstandings can be significant. To ensure your application is accurate and to avoid any potential issues, it’s highly recommended to consult with a knowledgeable attorney or a qualified professional before submitting your form.

FAQs

What is Form N-648?

Form N-648 is a USCIS form to request a medical disability exception from English language and civics requirements for naturalization due to physical, developmental or mental impairment.

Who can certify Form N-648?

Only licensed medical doctors, doctors of osteopathy and clinical psychologists can certify Form N-648. They must be licensed to practice in any U.S. state, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands or the Commonwealth of the Northern Mariana Islands.

What should be included in Form N-648?

Form N-648 should have a clinical diagnosis of the disability, a statement that the disability has lasted or will last at least 12 months, a statement that the disability is not due to illegal drug use, description of the diagnostic methods used, date of the last examination and a detailed explanation of how the disability prevents the applicant from meeting the English and/or civics requirements.

Can Form N-648 be filed after Form N-400?

Yes, Form N-648 can be filed after the initial filing of Form N-400 but it’s recommended to file it as an attachment to Form N-400.

What if Form N-648 is found incomplete?

If Form N-648 is found incomplete, USCIS will provide an explanation and give the applicant a chance to correct the deficiencies. The applicant doesn’t need to file a new form but can provide additional information signed by the original certifying medical professional.

What’s the difference between a medical disability exception and a reasonable accommodation?

A medical disability exception exempts an applicant from English and/or civics requirements due to a disability. A reasonable accommodation modifies how the requirements are met but doesn’t exempt the applicant from them. Form N-648 is for medical disability exception, accommodations are requested separately.

Can Form N-648 be certified via telehealth?

Yes, USCIS may accept Form N-648 certified via telehealth as long as the medical professional follows the state telehealth laws. All signatures must be present before submission.

What if my certifying medical professional is under investigation for fraud?

If your certifying medical professional is under investigation for fraud, consult with an immigration attorney. You may need to get a new certification from a different licensed medical professional.

Can I request both medical disability exception and reasonable accommodation?

Yes, applicants can request both. For example, an applicant who is deaf and has developmental disability can file Form N-648 and request sign language interpreter for the naturalization interview.

What if there are multiple Form N-648 submissions?

USCIS officers will review any significant discrepancies and give the applicant a chance to explain. Make sure all information is consistent across all submissions.

What are the credible reasons for USCIS to question the validity of Form N-648?

Credible reasons are: applicant not examined by the certifying medical professional, certifying medical professional under investigation for fraud, interpreter involved is suspected of fraud and evidence of fraud or misrepresentation in the record.

How do I respond to a Request for Evidence (RFE) for Form N-648?

Respond promptly with additional information or re-signed Form N-648 as needed. Make sure the response addresses the specific items requested in the RFE.

Can I qualify for N-648 based on old age alone?

No. Old age in itself is not a qualifying disability for the disability waiver. However, elderly applicants who have age-related impairments that impair learning (e.g. depression, dementia, strokes) may be eligible for a waiver. The inability to learn must be caused by a medically determinable disability or mental impairment and not just old age.

What if my patient is illiterate in his/her native language?

USCIS will not approve a waiver for applicants who are unable to learn just because they are illiterate in their native language. However, if the illiteracy is related to an underlying disability, it may be considered. The form should state that the primary reason the applicant is unable to learn English and/or civics is the underlying disability.

Can I qualify for N-648 based on physical disability?

An applicant with physical disability will only be approved for a waiver if the disability or its symptoms affect their ability to learn or demonstrate knowledge. For example, pain, fatigue or nausea from an illness can impair concentration and prevent attending classes. Generally, N-648s are only approved if deafness or blindness is accompanied by another disability that compounds the learning difficulty. If no accommodation could possibly allow the applicant to learn, that must be stated.

What is an oath waiver? When do I need to complete an oath waiver?

An oath waiver is a letter from the physician explaining why the applicant cannot understand the meaning of the oath due to a medical condition. This allows a “designated representative” to speak on behalf of the applicant. If an oath waiver is needed, note this on the N-648 form. If the applicant is competent to take the oath, note that as well. If simpler questions are needed to demonstrate attachment to the U.S., note that too.

How can Herman Legal Group help me with my N-648?

The Herman Legal Group offers expertise in completing and reviewing Form N-648 for immigration purposes, ensuring accuracy and compliance with USCIS requirements. They provide guidance, review, and representation tailored to your specific needs, helping navigate challenges such as requests for evidence (RFEs) or appeals.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

Book Consultation

Form i 130 process time

How to File Petition for Alien Relative

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

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

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

Why Form I-130 Petition Matters

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

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

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

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

Who Can Sponsor a Family Member

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

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

What is Immediate Relative and Family Preference

Categories

An immediate relative of U.S. citizens is not subject to numerical limits on immigrant
visas, so they have shorter wait times. These family preference categories are: spouse,
unmarried child under 21, parents of U.S. citizens.

Family preference categories apply to other eligible family members and are subject to
annual numerical limits. These categories are:

First Preference (F1): U.S. citizens’ unmarried adult children, aged 21 and above.
Second Preference (F2A): Permanent residents’ spouses and their unmarried children under 21.
Third Preference (F2B): Permanent residents’ unmarried adult children, aged 21 and above.
Fourth Preference (F3): U.S. citizens’ married children.
Fifth Preference (F4): U.S. citizens’ brothers and sisters.

Who May Face Restrictions When Filing Form I-130?

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

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

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

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

Where to File Form I-130

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

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

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

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

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

Couple sitting by the water with holding hands

Form I-130 Supporting Documents

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

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

Submit Alternative Documents

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

● Affidavits of Personal Knowledge: Written statements from people who can
also be used as secondary evidence to attest to the facts of the relationship.

Official Statements: Letters from relevant authorities stating that primary documents do not exist.
Secondary Evidence: Baptismal certificates, school records, etc. to prove the facts of the relationship photos and affidavits.

Financial Evidence and Sponsorship

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

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

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

Specifics for Different Categories

Spouses

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

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

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

Children

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

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

Avoid Delays and Denials

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

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

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

Family laughing, enjoying together on a bed

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

Family-Based Petition

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

Here’s a breakdown:

Immediate Relatives of U.S. Citizens

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

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

Family Preference Categories

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

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

USCIS Processing Time

Depends on the USCIS Service center handling your case.

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

National Visa Center (NVC) Processing

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

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

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

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

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

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

After Approval: Becoming a Green Card Holder

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

Mother and daughter sitting together in a forest

U.S. Citizenship

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

Additional Forms and Documents to File with I-130 Petition

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

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

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

FAQs

Can I file I-130 for a stepchild?

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

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

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

Can I expedite my I-130?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

Book Consultation

January 2025 Visa Bulletin

January 2025 Visa Bulletin – What’s New

January 2025 Overview

The US Department of State has released the Visa Bulletin for January 2025. If you’re waiting for a green card, this is a must-read. This bulletin shows the movement of green card applications across all categories so you can see where you are in line and what’s next.

The January 2025 Visa Bulletin has forward movement in several employment based categories. EB-1 Final Action Dates are unchanged, but EB-2 and EB-3 have movement, depending on your country of chargeability. Employment-based preference limits are set by law to manage the visa issuance process and ensure fair distribution among applicants based on priority dates and oversubscription.

Updates:

Employment Based Categories

EB-1: No movement in Final Action Dates for all countries.
EB-2 & EB-3: 2 weeks to 2 months movement in employment based preference visas.
USCIS Dates for Filing: Same as December.
Eligible foreign nationals can file adjustment of status applications if their priority dates are before the dates listed. Understanding the different employment based preferences, such as Priority Workers, Skilled Workers, and Employment Creation categories, is crucial for applicants as each category receives a specific percentage of global employment-based preference levels.
India and China: Both countries have the longest wait times in most categories due to high demand and limited visa availability.
Small Movement: EB2 and EB3 categories are moving slowly to balance visa allocations without going over the annual limits. The January 2025 Visa Bulletin shows positive advancement in various employment based visa categories, particularly for Indian applicants in categories like EB-2.
EB5 Notes:
Set-aside categories are moving, which could impact unreserved visas.
Watch for policy changes as the year goes on.

Family Based Categories

The January 2025 Visa Bulletin highlights advancements in various family sponsored categories, including F1 (unmarried sons and daughters of US citizens) which moved to November 22, 2015.
F3 (married sons and daughters of US citizens) moved to July 1, 2010.
F-3 moved 3 months for most countries.
F4 (siblings of US citizens) moved to August 15, 2006.
F-4 for the Philippines moved 5 months and 3 weeks.
Other family based categories didn’t move.

EB Visa Category Analysis

Final Action Dates

These dates determine if an applicant can get an immigrant visa or adjustment of status approval.

EB-1

India: February 1, 2022 (no change)
China: November 8, 2022 (no change)
All other countries: Current (no backlog)

Meaning: EB1 demand for India and China continues to block movement, while others are current (no backlog).

EB-2

India: 2 months to October 1, 2012.
China: 1 month to April 22, 2020.
All other countries: 2 weeks to April 1, 2023.

Meaning: India and China get a little movement, others get forward movement.

EB-3 Professionals and Skilled Workers

India: 3 weeks to December 1, 2012.
China: 2 months to June 1, 2020.
All other countries: 2 weeks to December 1, 2022.

Meaning: Good news for all EB3 applicants, especially for India and China.

EB-3 Other Workers

India: 3 weeks to December 1, 2012.
China: January 1, 2017.
All other countries: 1 week to December 8, 2020.

Meaning: No movement for China in this category means high demand and limits. India and others get forward movement.

EB-4 Religious Workers

All countries: 01.Jan.2021 (no change)

Meaning: No movement means limited visas and steady demand in EB4.

Watch for Legislative Updates: The EB-4 Non-Minister Religious Worker category, which includes certain religious workers, will expire on December 20, 2024. If not reauthorized by congress, this category will be unavailable after December 21, 2024. If reauthorized, Final Action Dates will be the same as the general EB-4 category. Applicants in the EB-4 Non-Minister Religious Worker category should monitor for congressional action to reauthorize the program.

Fifth Preference (EB5)

EB-5 Unreserved Categories (Regional and Non-Regional Center)

China: July 15, 2016.
India: January 1, 2022.
All other countries: Current

EB-5 Set-Asides (Rural, High Unemployment, Infrastructure)

All countries: Current

Meaning: The State Department expects an increase in EB-5 Rural, High Unemployment and Infrastructure set-aside applications. To prevent exceeding annual limits, Dates for Filing and Final Action Dates may be introduced for these categories in FY 2025.

Dates for Filing (Ready for Adjustment of Status, or Consular Processing at NVC)

USCIS uses these dates to determine eligibility to file adjustment of status applications.

The process of determining visa availability by USCIS and the Department of State involves managing the supply and demand of visas. They assess factors such as the number of visas available and individual priority dates to provide clarity and predictability for applicants seeking to adjust their status or obtain immigrant visas.

EB-1

India: April 15, 2022.
China: January 1, 2023.
All other countries: Current.

EB-2

India: January 1, 2013.
China: October 1, 2020.
All other countries: April 1, 2023.

EB-3 Professionals and Skilled Workers

India: June 8, 2013.
China: November 15, 2020.
All other countries: December 1, 2022.

EB-3 Other Workers

India: June 8, 2013.
China: January 1, 2018.
All other countries: December 8, 2020.

EB-4 Religious Workers

* All Countries: February 1, 2021

EB-5 Unreserved Categories

India: April 1, 2022.
China: October 1, 2016.
All other countries: Current

EB-5 Set-Asides

All countries: Current

Family-Based Visa Category Analysis

Final Action Dates

These dates determine if an applicant can get an immigrant visa or adjustment of status approval.

F-1 Unmarried Sons and Daughters of U.S. Citizens

F1 Mexico will remain at November 22, 2004
F1 Philippines will advance by one week to March 8, 2012
F1 All other countries will advance by one month to November 22, 2015

F-2A Spouses and Children of Permanent Residents

F2A Mexico will advance by one month to May 15, 2021
F2A All other countries will remain at January 1, 2022

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

F2B Mexico will remain at July 1, 2005
F2B Philippines will remain at October 22, 2011
F2B All other countries will advance by three weeks to May 22, 2016

F3 Married Sons and Daughters of U.S. Citizens

F3 Mexico will advance by one month to November 22, 2000
F3 Philippines will advance by two months to November 8, 2002
F3 All other countries will advance by two months and sixteen days to July 1, 2010

F-4 Brothers and Sisters of Adult U.S. Citizens

F4 Mexico will remain at March 1, 2001
F4 Philippines will advance by three months to May 1, 2004
F4 India will advance by one month to April 8, 2006
F4 All other countries will remain at August 1, 2007

Dates for Filing (Ready for Adjustment of Status, or Consular Processing at NVC)

USCIS uses these dates to determine eligibility to file adjustment of status applications.

Here are the updates for family-sponsored green cards:

F-1: Unmarried Children (21+) of U.S. Citizens

No movement for all countries.
Example: Philippines: April 22, 2015.

F-2A: Spouses/Unmarried Children (Under 21) of Green Card Holders

No movement for all countries, cut-off date July 15, 2024.

F-2B: Unmarried Children (21+) of Green Card Holders

Mexico advanced 3 months, now October 1, 2006.
All others: No movement.

F-3: Married Children of U.S. Citizens

3 months movement for most countries.
Example: India: July 22, 2012

F-4: Siblings of U.S. Citizens

Big movement: Philippines moved 5 months and 3 weeks, now January 1, 2008.
India moved 2 weeks, others stayed the same.

Current Bulletin: January, 2025

January 2025
The latest visa bulletin is out for January, 2025
December 2024 Bulletin
The latest visa bulletin is out for December 2024. Here is the December 2024 Visa Bulletin and our analysis.
Upcoming Bulletin
February 2025 will be around mid January

Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mmm-yy) format.

Visa Bulletin Glossary

What is the Visa Bulletin?

Wondering how to read the Visa Bulleting?

The Visa Bulletin is a tool to help you understand green card wait times. It includes:

Priority Dates: Your position in line based on when your green card petition was filed.
Dates for Filing: When you can file the next step.
Final Action Dates: When your application will be fully processed.

Check your priority date (the date your petition was filed) against these cut-off dates.
Additional Notes

“C” means current.
“U” means not available.

How to use the Visa Bulletin

Here’s how:

Determine Your Category: Family-based or employment-based.
Check Your Priority Date: Look at your I-140 (employment-based) or I-130 (family-based) to find your priority date.
Compare with the Bulletin:

If your date is before Final Action Dates, you will be approved soon.
If your date is before the Filing Date, you can file.

Monitor Monthly: Visa Bulletin dates are updated monthly. Don’t miss your window.
Consult an Immigration Attorney: For complex cases or retrogressed dates.

Background on Employment-Based Categories

The employment-based system has five preference categories, each with its own allocation:

EB-1: Priority Workers

28.6% of the worldwide employment-based preference level, plus any unused numbers from EB-4 and EB-5.

EB-2: Advanced Degree Professionals or Individuals with Exceptional Ability

28.6% of the worldwide cap, plus any unused numbers from EB-1.

EB-3: Skilled Workers, Professionals, and Other Workers

28.6% of the global level, 10,000 for Other Workers.

EB-4: Certain Special Immigrants

7.1% of the global total. The Employment-Based Fourth Preference (EB4) category, often referred to as the fourth preference, is allocated a specific percentage of the total visas available each year. This category includes special immigrants such as religious workers, certain broadcasters, and employees of international organizations.

EB-5: Employment Creation (Investor Visas)

7.1%, 32% set aside for:
20% for rural areas.
10% for high-unemployment areas.
2% for infrastructure projects.

EB-5 Reserved Categories: Faster Green Cards

Reserved visas under RIA allocate:

20% for rural areas.
10% for high-unemployment areas.
2% for infrastructure projects.

These are current for all countries, including high-demand countries like India and China. You can get:

Shorter wait times.
Priority processing for I-526E petition

Background on Family-Based Categories

Family-sponsored preferences allocate visas based on relationships with U.S. citizens or lawful permanent residents.

F1: Unmarried sons and daughters of U.S. citizens.

23,400 plus any F4 numbers.

F2: Spouses, children, and unmarried sons/daughters of permanent residents.

F2A: 77% of F2, no per-country limits.
F2B: 23% for unmarried adult sons and daughters.

F3: Married sons and daughters of U.S. citizens.

23,400 plus any F1 and F2 numbers.

F4: Brothers and sisters of U.S. citizens.

65,000 plus any F1, F2 and F3 numbers.

Recommendations for Applicants

* Stay Informed:

* Check the visa bulletin every month to see what’s changed and plan accordingly.

* Consider subscribing to immigration newsletters for up-to-date information.

* Consult an Immigration Attorney:

* Find out how the changes affect your case.

* Explore options like category changes or priority date transfers if eligible.

* Make sure all documents are ready to go if your priority date becomes current.

FAQs on January 2025 Visa Bulletin

GENERAL

What is my priority date?

Your priority date is the date your green card petition was filed. It’s your place in line.

Why do some countries have longer waits?

Countries with high demand like India, China and the Philippines have backlogs. Retrogression can sometimes slow progress.

How do I estimate my wait time?

Track your category for several months to see the trends and expect changes.

What is the Visa Bulletin?

The Visa Bulletin is a monthly publication by the U.S. Department of State that shows which immigrant visas are available by category and country of chargeability. It helps applicants know when to file their green card application and when their case will be processed.

Why is my priority date important?
Your priority date is the date your immigrant visa petition (I-130 or I-140) was filed. This is your place in line for a visa and when you can file your green card application.

What are “Final Action Dates” and “Dates for Filing”?

Final Action Dates: The date applications can be approved, meaning the visa is available.
Dates for Filing: The date you can file your green card application even if the visa is not yet available.

How are priority dates determined?
Priority dates are based on the visa category and country of chargeability. Countries with high demand like India have retrogressed (delayed) dates.

FAMILY BASED

Why hasn’t F2A moved?
F2A (spouses and children of permanent residents) is still January 1, 2022, because of the balance between demand and available visas. This is the normal demand in this category.

What does it mean if my category advances?
If your category moves forward, more applicants with earlier priority dates can file their applications, which means faster processing for you.

How do per-country caps affect family-based visa applicants?
The 7% per-country limit on family-sponsored visas prevents one country from taking too many visas, but it means longer waits for applicants from high demand countries like India, Mexico and the Philippines.

Why the longer waits in F4?
F4 (siblings of U.S. citizens) has huge delays due to high demand and lower allocation in the family-based preferences.

EMPLOYMENT BASED

What does retrogression mean?
Retrogression means applicants in these categories will wait longer for visa availability even if their visa applications may have been pending for years. For example:

How can EB applicants from oversubscribed countries like India accelerate the process?
Applicants can:

Downgrade to EB-2 to EB-3 if EB-3 moves forward.
Consider EB-5 investor visa for faster processing.
Switching to a sponsoring employer in a less backlogged category if possible.

Are there exceptions to the per-country cap for employment-based visas?
Yes, unused employment based immigrant visas from other countries are allocated to oversubscribed countries. But this may not fully address the backlog for countries like India.

UNDERSTANDING DATES AND PROCESSES

What happens if my priority date becomes current?
If your priority date is current in the Final Action Date chart, you can file your adjustment of status or consular processing.

Can I use the Dates for Filing chart?
Yes, if USCIS says the Dates for Filing

How do I know if USCIS is using the Filing Dates chart this month?
Check the USCIS Visa Bulletin page to see which chart (Final Action or Filing Dates) is being used.

What if my priority date retrogresses after I file my application?
Your application will stay pending. USCIS will not approve it until your priority date becomes current again.

Miscellaneous

Can I change my country of chargeability?
Yes, if you have a qualifying relationship or birthplace of a spouse or parent in another country, you can request a change under the cross-chargeability rules.

What happens to unused family-sponsored visas?
Unused family-sponsored visas are carried over to the employment-based category for the next

What if I downgrade from EB-2 to EB-3?
Downgrading means filing a new I-140 under EB-3. It doesn’t affect your EB-2 petition and you can go back to EB-2 if EB-2 moves forward later.

Can I transfer my priority date to another petition?
Yes, priority dates are transferable if both petitions are employment-based and filed by the same applicant.

How does EB-5 work with priority dates?
For EB-5, priority dates are based on the filing of the I-526 petition. The January 2025 Bulletin shows progress, with final action dates at January 1, 2022.

FUTURE TRENDS AND FORECASTS

Will there be more retrogression in 2025?
This depends on visa demand. Categories with high demand, like EB-1 and EB-2 for India, will retrogress unless unused visas are allocated effectively.

How does Congress impact the Visa Bulletin?
Congress sets annual visa limits and per-country caps. Changes to these limits require legislative action, like the Fairness for High-Skilled Immigrants Act.

How are visa numbers determined each year?
The total visas available in a fiscal year are based on the unused visas from the previous year and statutory caps.

Can the Visa Bulletin skip months?
Yes, if demand is much higher than supply, dates may not move or even retrogress.

PRACTICAL TIPS

What if my category doesn’t move for months?

Check the Visa Bulletin regularly.
Consult with an immigration attorney.
Keep your documents and petitions up to date.

What does premium processing do for visa timelines?
Premium processing speeds up specific petitions like I-140 for EB visas. It doesn’t affect priority dates.

Can green card delays affect my work authorization?
If you have an EAD or H-1B visa, renew timely to avoid gaps during green card process delays.

Is the Visa Bulletin for Diversity Visas?
The Diversity Visa program has a separate allocation process as referenced in the back of the Visa Bulletin.

How can I get updates?

Sign up for State Department email updates.
Check the Visa Bulletin website regularly.
Follow immigration law firms or advocacy groups for timely analysis.

WE CAN HELP

By being informed, you can make better decisions about your green card application.

Call the Herman Legal Group to discuss your immigration case today!

USCIS Updates Guidelines on Custody for Children Acquiring U.S. Citizenship

Retroactive Custody Orders and Private Custody Agreements Now RecognizedOrders Now Recognized

On November 19, 2024, U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance to clarify the requirements for determining legal and physical custody of children acquiring U.S. citizenship.

This policy guidance impacts citizenship claims under:

INA Section 320: Automatic acquisition of citizenship for children born outside the U.S. who meet specific requirements.
INA Section 322: Naturalization of children residing outside the U.S.
Former INA Section 321: Derivation of citizenship for children under pre-2000 laws.

To qualify for citizenship under INA Sections 320 or 322, or derivation under former INA 321, a child must generally:

Reside in the legal custody of their U.S. citizen parent.
Reside in the physical custody of their U.S. citizen parent.

These custody requirements involve complex legal interpretations that depend on:

Judicial decrees,
Jurisdictional laws, and
Parental agreements following divorce or legal separation

Key Updates at a Glance

1. Expanded Legal Custody Guidance

Definition of Legal Custody: USCIS provides clarity on how legal custody is determined when a U.S. citizen parent has uncontested custody of a child.
Retroactive Custody Orders: Nunc pro tunc (retroactive) corrections of custody orders are now recognized, allowing previous custody arrangements to meet legal custody requirements.
Private Custody Agreements: USCIS will now evaluate and potentially recognize private custody agreements when determining legal custody.
No Judicial Custody Decision: When no court has determined legal custody, USCIS will consider a U.S. citizen parent to have legal custody if:
- The parent has uncontested custody, and
- Local jurisdiction laws do not explicitly assign custody to either parent.

2. Clarifications on Physical Custody

Definition of Physical Custody: A U.S. citizen parent is considered to have physical custody if the child lives or resides with the parent.
Residence Requirement: Physical custody is based on the child’s actual living arrangement, ensuring that the parent and child maintain a shared household.

3. Guidance on Pre-2000 Citizenship Derivation (Former INA Section 321)

USCIS provides detailed requirements for citizenship derivation cases under former INA section 321.
Expanded guidance includes:
- Clear criteria for meeting legal custody requirements before the Child Citizenship Act of 2000.
- Steps to evaluate derivation claims in historical cases.

4. Oath of Allegiance Requirement

USCIS emphasizes that no Certificate of Citizenship will be issued unless:
- The applicant takes the Oath of Allegiance, or
- The applicant qualifies for an Oath of Allegiance waiver.

Why These Updates Matter

These changes are designed to improve the fairness, clarity, and consistency of decisions regarding citizenship claims. By addressing specific custody scenarios, the updates aim to reduce confusion for applicants and streamline the adjudication process.

Impact Highlights:

Consistency Across Cases: Standardized guidance ensures equal treatment of applicants in similar circumstances.
Improved Understanding for Families: Parents and legal guardians gain a clearer understanding of how USCIS determines custody.
Support for Historical Cases: Applicants with derivation claims predating the Child Citizenship Act of 2000 benefit from clarified requirements.

Effective Date

These updates are effective immediately and apply to all applications pending on or after November 19, 2024.

These updates apply to cases under section 320 and section 322 of the Immigration and Nationality Act (INA) and expand existing guidance on citizenship derivation under former INA section 321, which was effective before the enactment of the Child Citizenship Act of 2000.

This updated policy aims to ensure consistent and fair adjudications of citizenship claims while addressing legal custody, physical custody, and associated requirements.

Supporting Executive Order Goals

This policy update aligns with Executive Order 14012:

Restoring trust in the legal immigration system.
Removing barriers to naturalization and citizenship.
Strengthening integration efforts for new Americans.

How to Learn More

For detailed information:

Policy Manual: Refer to Volume 12, Part H of the USCIS Policy Manual.
Policy Alert: Review the Policy Alert PDF (215.57 KB).

The updates address challenges families face in proving custody for citizenship purposes. They aim to:

Ensure fairness by standardizing how USCIS evaluates custody arrangements.
Reduce confusion about legal definitions of custody across jurisdictions.
Facilitate the naturalization or citizenship process for eligible children by recognizing valid but less formal custody arrangements.

Green Card Explained: What Is It?

Green card placed on a wallet with office supplies

The Green Card Guide

A green card is officially known as a Permanent Resident Card and is issued by U.S. Citizenship and Immigration Services (USCIS) that grants you permanent resident status.

As a green card holder, you can live and work in the U.S. and after a certain period (3-5 years) you can apply for United States citizenship.

The green card process can be tricky, but knowing the process and requirements makes it more doable.

Green Card: How to Read It?

Every few years, the U.S. Citizenship and Immigration Services USCIS introduces different designs of the green card to reduce fraud and counterfeiting. The current version of the Permanent Resident Card (green card) was introduced in January 2023. But new green card designs do not invalidate old cards. The green card is still valid until the date on the front of the card.

The U.S. Citizenship and Immigration Services has not changed the modern green card much in terms of the information and how to read a green card. Here, we will first make a breakdown of what information it contains.

The Front of a Green Card

The front of a permanent residence card contains several security features and personal information about the green card holder:

Name, Country of Birth, Birth Date, and Sex of the green card holder
Card Expiration Date: usually, the green card expires 10 years from the date of issuance.
USCIS#: The permanent resident alien registration number or “A-number”, an 8- or 9-digit unique number assigned to each permanent resident.
Category: The immigrant visa category is used to admit the immigrant as a permanent resident or conditional permanent resident, usually 1 or 2 letters followed by a number.
Resident Since: The date the green card holder was granted permanent resident status (this is important for those applying for U.S. citizenship)
Signature Waived: In some cases, the green card holder’s signature is waived, and the card will say “Signature Waived” on both front and back.

The Back of a Green Card

The back of a green card has more cryptic information used by government agencies for quick verification:

Form I-551 is in the top left corner to indicate it’s a green card.
Optical Stripe that can be scanned to retrieve all the information on the card.
Human-Readable Characters: The bottom portion has lines of characters with specific meaning:
- First Line of Characters:
  - Characters 1-2: C1 or C2 (C1 = Resident within the U.S.; C2 = Permanent Resident commuter living in Canada or Mexico)
  - Characters 3-5: Issuing country (USA)
  - Characters 6-14: 9-digit A-number
  - Characters 15: Application receipt number
  - Characters 16-30: Immigrant case number (first three letters represent the service center code) and the “<” symbol represents a blank space
- Second Line of Characters:
  - Characters 1-6: Birth date (in YY/MM/DD format)
  - Characters 7: Possible check digit
  - Characters 8: Sex
  - Characters 9-14: Expiration date (in YY/MM/DD format)
  - Characters 15: Possible check digit
  - Characters 16-29: Country of birth
  - Characters 30: Possible check digit
- Third Line of Characters:
  - Last name, first name, middle name, first initial of father, first initial of mother (spaced with “<<” between last name and first name). Depending on the name length, the father’s and mother’s initials may be omitted.

United States passport with a green card

How to Obtain the Green Card: Green Card Process

The process for getting a green card depends on whether you are applying from within the U.S. (adjustment of status) or outside the United States (consular processing).

The green card process is governed by U.S. immigration law, which outlines the eligibility requirements for different categories such as special immigrants, family-based green cards, and longtime resident green cards.

Applying for the Green Card from Within the United States: Adjustment of Status

Foreign nationals living in the U.S. with a nonimmigrant visa or selected for the Diversity Visa program can get a green card through adjustment of status by filing Form I-485, Application to Adjust Status.
Another way to obtain a green card is through the green card lottery, also known as the Diversity Visa Lottery Program, which randomly selects 50,000 people from various geographic regions.
Approval of Form I-485 grants lawful permanent resident status, also known as a green card, which replaces your current status and leads to future U.S. citizenship.

Applying Green Card from Outside the United States: Consular Processing

If you are outside the U.S., consular processing is your path to permanent resident status. This process involves applying through a U.S. embassy or consulate in your home country.
The first step is to fill out Form DS-260, the Immigrant Visa Electronic Application. Once submitted, you’ll be invited for an interview at the embassy or consulate – be prepared.

Green Card Timeline

The time it takes the U.S. Citizenship and Immigration Services to process a green card can be a few months to several years depending on the type of green card and where you are applying.

For spouses and immediate relatives of U.S. Citizens: it can take up 10-23 months if they are applying from within the U.S., or 13.5-15 months if they are outside the U.S.

Employment-Based Green Cards: Obtaining an employment-based green card involves several steps, including the PERM/Labor Certification, I-140 Immigrant Petition, and Green Card Application. The wait can be 2 years or more depending on the applicant’s priority date and the availability of visa numbers.

Green Card Costs

The government filing fee, also known as the USCIS immigrant fee has been recently changed, and the exact amount of each USCIS form can be seen on the USCIS website.

Types of Green Cards

There are several types of green cards:

Family-Based Green Cards
Employment-Based Green Cards
Humanitarian Green Cards
Diversity Lottery Green Cards
Longtime-Resident Green Cards
Other Green Cards

Each type of green card grants permanent residence in the U.S. and comes with specific benefits and requirements.

Green Card Holder Eligibility

To apply for a Green Card, you must qualify under one of the categories listed below. Once you identify the category that applies to you, you need to check the eligibility requirements, the application process, and whether your family members can also apply.

Green Card through Family

You may be eligible to apply for the green card through the family as:

Immediate relatives of a U.S. citizen: spouse, unmarried child under 21, parent
Family members of green card holders

Another eligible U.S. citizen’s family members or relatives of permanent residents under the family-based preference categories:

A family member of a U.S. citizen, meaning you are the:
- Unmarried child of a U.S. citizen and 21 or older
- Married child of a U.S. citizen
- Brother or sister of a U.S. citizen who is 21 or older
A family member of a permanent resident, meaning you are the:
- Spouse of a permanent resident
- Unmarried child under 21 of a lawful permanent resident
- Unmarried child 21 or older of a lawful permanent resident
U.S. citizen’s fiancé(e) (K-1 nonimmigrant)
A person admitted to the U.S. as the child of a U.S. citizen’s fiancé(e) (K-2 nonimmigrant)
Widow(er) of a U.S. citizen who was married to the U.S. citizen spouse at the time of their death
VAWA self-petitioner– victim of battery or extreme cruelty: Abused spouse of a U.S. citizen or lawful permanent resident
Abused children (under 21 and unmarried), spouses or parents of a green card holder or a U.S. citizen

Green Card through Employment

You may be eligible to apply for an employment-based permanent resident card as:

Immigrant worker:

a first preference immigrant worker, meaning you:
- Have extraordinary ability in the sciences, art, education, business, or athletics, or
- Are an outstanding professor or researcher, or
- Are a multinational manager or executive who meets certain criteria
a second preference immigrant worker, meaning you:
- you are a member of a profession that requires an advanced degree, or
- Have exceptional ability in the sciences, art or business, or
- Are seeking a national interest waiver
a third preference immigrant worker, meaning you are:
- A skilled worker (meaning your job requires at least 2 years of training or work experience), or
- A professional (meaning your job requires at least a U.S. bachelor’s degree or a foreign equivalent and you are a member of the profession), or
- An unskilled worker (meaning you will perform unskilled labor requiring less than 2 years of training or experience)

Physician National Interest Waiver:

If you are a physician committed to working full-time in clinical practice in a designated underserved area for a specified period and meeting additional requirements

Immigrant investor:

Have invested or are in the process of investing at least $1,050,000 (or $800,000 in a targeted employment area or infrastructure project)
The investment is made in a new commercial enterprise in the U.S., which will create full-time jobs for at least 10 qualifying employees

Green Card as a Special Immigrant

You may be eligible to apply as:

A religious worker who is part of a religious denomination, and is coming to the U.S. to work for a nonprofit religious organization.
A Special Immigrant Juvenilein need of juvenile court protection due to abuse, abandonment, or neglect by a parent.
An Afghanistan or Iraq national who has served as a translator or interpreter for the U.S. government:
- An Iraqi who worked for or on behalf of the U.S. government in Iraq on or after March 20, 2003, for a minimum of one year.
- An Afghan employed by the U.S. government or the International Security Assistance Force (ISAF).
An international broadcaster planning to work with USAGM grantees or Global Media.
An employee of an international organization, or a family member, or a NATO-6 employee or family member who is a retired officer or employee of an international organization or NATO, or an eligible family member of such an employee.

Green Card as a Refugee or Asylee

You may be eligible to apply as:

Asylee if you have been granted asylum status at least 1 year ago
Refugee if you have been admitted as a refugee at least 1 year ago

Green Card for Human Trafficking and Crime Victims

You may be eligible to apply for a green Card for a Victim of Human Trafficking or Victims of Criminal Activity if you are:

Human trafficking victim who has a T nonimmigrant visa
Crime victim who has a U nonimmigrant visa

Green Card for Victims of Abuse

VAWA self-petitioner– victims of battery or extreme cruelty:
- Abused spouse of a U.S. citizen or lawful permanent resident
- Abused children (under 21 years old and not married) of a U.S. citizen or green card holder
- Abused parent of a U.S. citizen
Special Immigrant Juveniles if you are a child who has been abused, abandoned, or neglected by your parent and has SIJ status
Victims of battery or extreme cruelty (abused spouses or children under the Cuban Adjustment Act) if they are Cuban natives or citizens
Victims of battery or extreme cruelty (abused Haitian children or spouses who obtained the HRIFA-based lawful permanent resident status.

Green Card through Other Categories

More categories can make you eligible for the green card:

Liberian Refugee Immigration Fairness (LRIF):
- if you have been physically present in the United States since Nov. 20, 2014, or
- are the spouse, child under 21, or unmarried son or daughter over 21 of a qualifying Liberian national
Diversity Immigrant Visa Program is for those selected in the Department of State’s diversity visa lottery.
Dependent status under the HRIFA for children or spouses of lawful permanent residents who received the Green Card based on the Haitian Refugee Immigration Fairness Act (HRIFA)
Lautenberg parolee is for those who were paroled into the U.S. obtaining this status.
Indochinese Parole Adjustment Act of 2000 applies to a native or citizen of:
- Vietnam, Kampuchea (Cambodia), or Laos who were paroled into the U.S. on or before October 1, 1997,
- Vietnam under the Orderly Departure Program, a refugee camp in East Asia,
- or a displaced person camp administered by UNHCR in Thailand
American Indians born in Canada who have at least 50% American Indian blood and reside in the United States
A person born in the United States to a foreign diplomat cannot get the U.S. citizenship but

Section 13 (diplomat):

Stationed in the U.S. as a foreign diplomat or high-ranking official and cannot return home

Green Card through Registry

You can register for a Green Card if you have been physically present in the U.S. since Jan. 1, 1972.

Conditional Green Cards

Unlike the standard 10-year green card, the conditional green card is valid for only two years. It grants you the same rights to live and work in the U.S., but it serves as a temporary status. To transition to a permanent green card, you’ll need to file a petition within a specific timeframe to remove the conditions of your residency. This is especially important for those who obtained their conditional green card through marriage-based immigration, where proof of a bona fide marriage will likely be required after two years.

Conditional Green Cards through Marriage

If married to a U.S. citizen or green card holder for less than 2 years at the time of green card approval, the card is conditional for 2 years. This means you initially receive a conditional green card, which requires transitioning to permanent residence status. To remove conditions and obtain permanent residence status, file Form I-751, Petition to Remove Conditions on Residence, within 90 days before the card expires.

Conditional Green Cards through Investment (EB-5 Visa)

Investors who invest substantial capital in a U.S. business that creates jobs get a conditional green card for 2 years. To remove conditions, file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, within 90 days before the card expires.

Application form to register permanent residence

Replace Your Green Card

When to Replace Your Green Card

If you possess an older noncitizen registration card, such as USCIS Form AR-3, Form AR-103, or Form I-151, you are required to replace it with a current Green Card.

Besides that, permanent residents must replace their Green Card if:

Your Green Card is expired or will expire within the next 6 months.
Your previous card was lost, stolen, mutilated, or destroyed.
You received your card before you were 14 and you are now 14 or older.
You were a commuter and are now taking up actual residence in the U.S.
Your card has incorrect information.
You have changed your name or other biographic information on the card since you last received your card.
You never received the previous card issued to you.

Replacement Process

To replace your Green Card, initiate the process through Form I-90, Application to Replace Permanent Resident Card, either online or by mail. When filing online, you can:

See when USCIS receives your application
Get online updates on your case
Contact USCIS directly

Always Carry Your Green Card

Section 264 of the Immigration and Nationality Act (INA) requires permanent residents to carry their green card always. This might seem inconvenient, but it’s important for two key reasons:

Avoid Unforeseen Situations: Imagine being pulled over by the police or questioned by immigration officials during your daily routine. Having your green card readily available provides proof of your permanent resident status and helps avoid unnecessary delays or confusion.
Everyday Use: Your green card is often required for official interactions like applying for a driver’s license, opening a bank account, or enrolling in certain government benefits programs. Carrying your green card ensures you have the necessary documentation on hand when needed.

FAQs

What should I do if my green card is lost or stolen while I am outside the U.S.?

If your green card is lost or stolen while you are outside the U.S., contact the nearest U.S. embassy or consulate and they will help you get travel documents to re-enter the U.S. Upon arrival in the U.S., file the I-90.

I filed for a green card through my employer. What happens if I lose my job before the process is complete?

Losing your job can complicate your green card application if it was filed through employment sponsorship. However, it doesn’t necessarily disqualify you. Consult an attorney to explore options, including finding a new U.S. employer willing to sponsor you or potentially switching to a different green card category (if eligible).

I’m worried about making a green card application form mistake. Are there any resources to help?

Absolutely! USCIS offers resources and even a tool called “Ask Emma” on their website to help with questions about forms and the application process. Additionally, consulting an immigration attorney can ensure your application is filled out accurately and avoid delays due to errors.

My green card application seems stuck. Can I expedite the process?

USCIS prioritizes certain green card applications based on specific criteria. You can inquire about your case status, but there’s generally no way to expedite the process unless you meet the emergency or humanitarian criteria outlined by USCIS.

I’m turning 21 soon. Will I age out of being eligible for a green card if my parents’ petition is still pending?

The good news is that the Child Status Protection Act protects unmarried children under 21 from “aging out” of eligibility for a green card if their parents filed a petition before they turned 21. However, it’s important to understand the specific requirements and consult an attorney if your situation is complex.

Can I travel outside the U.S. with my green card?

Yes, you can travel outside the U.S. with your green card. But if you will be outside the U.S. for more than a year, you should file for a re-entry permit using Form I-131. Also, if you have any criminal convictions after you became a permanent resident, consult with an immigration attorney before leaving the U.S. In some cases, immigrants with criminal convictions are detained and placed in removal proceedings by US Customs & Border Protection upon return to the U.S.

What are the security features of the green card?

Modern green cards have advanced security features such as improved tactile printing, enhanced optically variable ink, highly secure holograms, and more complex design elements to prevent counterfeiting and tampering.

Can I laminate my green card?

While laminating a green card may protect it, USCIS advises against it as it can be considered tampering. Instead, use a protective sleeve.

How do I check the status of my green card application?

You can check the status online using the USCIS case status tool or by calling the U.S. Citizenship and Immigration Services Contact Center.

What if my green card expires while I’m outside the U.S.?

If your green card expires while you are outside the U.S., you may not be able to re-enter. Renew before you travel or contact a U.S. embassy or consulate if it has expired.

Can I use my green card for identification in the U.S.?

Yes, a green card can be used as identification for many purposes, including employment verification and access to services.

Do I need to renew my green card if I apply for citizenship?

If you are eligible for citizenship and apply for U.S. citizenship, you don’t need to renew your green card. But it’s recommended to keep a valid green card until you become a U.S. citizen.

Ready to Get Your Green Card? Discover How Herman Legal Group Can Assist You

For over 20 years, Herman Legal Group has been dedicated to advocating for immigrants worldwide. Whether you’re seeking a green card or aiming to bring family members to the U.S., our team is here to listen, guide, and provide clear, straightforward advice.

With our deep expertise in immigration law, we can help you navigate the complexities of the process, saving you time and avoiding unnecessary costs. Our proven track record and recognition in national publications underscore our commitment to achieving results for our clients.

Ready to take the next step? Contact us today for a consultation and discover how Herman Legal Group can make your immigration journey smoother and more successful.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

Book Consultation

November 2024 Visa Bulletin

Limited Movement for EB Categories

The November 2024 Visa Bulletin is out from the U.S. Department of State. This shows the green card priority dates for employment-based and family-based categories.

This is important for green card applicants as it shows the updated priority dates that will impact how soon you can move forward in the process.

Here’s what’s new, what’s not and how it impacts I-485 (Adjustment of Status applications filed with USCIS) and DS-260 (Immigrant Visa applications filed at National Visa Center for consular processing).

November 2024 Visa Bulletin Updates

Employment-Based Categories

No Movement for Most EB Categories. The only exception is the fourth preference category for Certain Religious Workers. Federal legislation extended the fourth preference category for Certain Religious Workers until December 20, 2024 so eligible applicants in this category can file AOS applications under the new filing chart.
Minimal Movement for December 2024. The same cut-off dates for both the Dates for Filing and Final Action charts means the Department of State is likely going with a quarterly adjustment rather than monthly as previously announced. Since it’s a quarterly adjustment, priority dates for December 2024 won’t move. Applicants won’t likely see any movement until January 2025 Visa Bulletin.
Higher EB Visa Numbers. USCIS confirmed that the EB visa numbers for FY 2025 will be higher than pre-pandemic but lower than FY 2021 through FY 2024. This may help reduce some backlog but won’t result in immediate movement in Final Action or Filing Dates.

Family-Based Categories

Big movement in F-2B for Mexico (11 months) and F-4 for India (11 months and 1 week)

What is the Visa Bulletin?

In the green card application line, the Visa Bulletin shows priority final action dates which are placeholders. Each month the U.S. Department of State calculates how many applications are in each category and determines visa availability. The applicant’s priority date must be earlier than the cut-off dates listed in the Visa Bulletin to determine visa eligibility and whether an individual can file their application or must wait for their case to be processed.

There are Two Main Sections:

Family-Based: Wait times and filing dates for family-sponsored green cards.
Employment-Based: Priority dates for employment-sponsored green cards.

Current Bulletin: November 2024

November 2024 Bulletin
The latest visa bulletin is out for November 2024.
Upcoming Bulletin
December 2024 will be out soon.

Note: Dates in the bulletin are in DAY-MONTH-YEAR (dd-mmm-yy) format.

Key Terms in the Bulletin

Final Action Dates (Chart A)

Definition: This date is when a green card can be issued. Applications with priority dates on or before this cut-off date may be approved soon.
Meaning: This is the last step in the green card process. If your priority date is on or before the Final Action Date, USCIS or the Department of State can make a final decision on your case.
Example: If the Final Action Date for your category is 1-Oct-2018 and your priority date is 30-Sep-2018 you’re “current” and can get a decision soon.

Filing Dates (Chart B)

Meaning: These dates are when you can file for the next step in the green card process (Filing I-485 if eligible and in the U.S., or file DS_260 at the National Visa Center)
Meaning: If your priority date is on or before the Date for Filing you can submit additional documents required for the application.
Example: If your Date for Filing is 1-Jan-2020 and your priority date is before this date you can submit documents to move forward.

The gap between these dates is the expected USCIS processing time and visa availability.

Two Options When Your Priority Date is Current (Chart B)

If your priority date is current, there are two choices:

Adjustment of Status/I-485 (if in the U.S.): Complete your green card process without leaving the country.
Immigrant Visa Application/DS-260 (if outside the U.S.): Proceed with consular processing to get your visa abroad.

What’s the Difference Between Chart A and Chart B?

Chart B: Filing Dates

These dates are when applicants can submit more documentation (I-485 if in the U.S., or DS-260 if abroad)
If your priority date (the date you filed your application) is on or before the cut-off date, you can move forward.

Adjustment of Status Applications

USCIS will accept I-485 Adjustment of Status applications in November 2024 using the Filing Dates chart. Those with priority dates before the dates listed can file.

DS-260 Immigrant Visa Applications

National Visa Center (Department of Status) will notify you when to file the DS-260 Immigrant Vias Application. The notification will follow the Visa Bulletin Chart B (Filing Dates chart). Those with priority dates before the dates listed will be notified to file.

Chart A: Final Action Dates

These are the expected dates when USCIS or the Embassy will make a final decision on your application.

The gap between Filing Dates and Final Action Dates is the processing time.

Most Common Questions

What is my priority date?

This is the date you submitted your green card application, usually without any changes. If you’re not sure of your priority date, check your immigration papers or consult with an immigration attorney.

What if my country has a backlog?

Because of high demand for immigration services, some countries have longer processing times. This can cause the cut-off dates to move or even go backward compared to the final action dates chart.

How long will I wait?

The Visa Bulletin can’t give you an exact wait time. It varies by category, visa type and country backlog. For example, the process might be faster in some countries than others, or revised process might be needed in some cases by embassies abroad.

Understanding Visa Allocation for Immediate Relatives and Employment-Based Green Cards: The Quota System

There are numerical limits to each category of family based green cards (except immediate relative relatives) and employment based green cards. Additionally, no one country can obtain more than 7% o that allotted number per year,

The allocation of visas, especially for family-sponsored and employment-based green cards, follows a complex quota system established by Congress. This system caps the number of green cards that can be issued annually in different categories, with certain exemptions, such as for immediate relatives. Understanding this system helps applicants navigate the visa process and anticipate potential wait times.

Immediate Relatives of U.S. Citizens: Unlimited Visa Allocation

For immediate relatives of U.S. citizens, there is no numerical limit on visas. Immediate relatives include:

Spouses of U.S. citizens.
Unmarried children under 21 of U.S. citizens.
Parents of U.S. citizens (if the petitioning citizen is 21 or older).

Since there is no annual cap, applicants in this category do not face backlogs due to visa numbers. However, they must still meet eligibility requirements, go through processing at U.S. Citizenship and Immigration Services (USCIS) and the Department of State, and adhere to general application timelines.

Family-Based Green Cards: The Annual Quota System

Family-sponsored visas for other relatives (not immediate relatives) are subject to annual numerical limits based on the worldwide family preference level as determined by the Immigration and Nationality Act (INA):

The total annual cap for family-based immigrant visas is set at 226,000.
These visas are divided into preference categories, each with a specific allocation:
- F1 (Family First Preference): Unmarried adult children of U.S. citizens – 23,400 visas per year.
- F2 (Family Second Preference): Spouses and unmarried children of lawful permanent residents – 114,200 visas, with F2A reserved for spouses and minor children and F2B for unmarried adult children.
- F3 (Family Third Preference): Married children of U.S. citizens – 23,400 visas per year.
- F4 (Family Fourth Preference): Siblings of U.S. citizens – 65,000 visas per year.

Any unused visas in one category can sometimes flow into others; however, these family-based categories are typically oversubscribed, leading to lengthy wait times, particularly for applicants from countries with high demand, such as Mexico and the Philippines.

Employment-Based Green Cards: The Annual Cap and Country Limits

Employment-based green cards are subject to an annual cap of 140,000 visas. This category includes five primary preferences, each with an allocated percentage of the total:

EB-1 (Priority Workers): 28.6% (approximately 40,040 visas) for individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives.
EB-2 (Professionals with Advanced Degrees or Exceptional Ability): 28.6% (approximately 40,040 visas), including a set-aside for individuals from underrepresented countries.
EB-3 (Skilled Workers, Professionals, and Other Workers): 28.6% (approximately 40,040 visas), with a limit of 10,000 for “other workers” (those in positions requiring less than two years of experience).
EB-4 (Certain Special Immigrants): 7.1% (about 9,940 visas) for specific groups such as religious workers, international organization employees, and certain dependents of U.S. Armed Forces personnel.
EB-5 (Immigrant Investors): 7.1% (about 9,940 visas) for investors who create jobs in the U.S., with regional center projects receiving a significant portion.

The fourth and fifth preferences, EB-4 and EB-5, have specific numerical allocations and limitations, with 9,940 visas each. Unutilized numbers from these preferences can affect the availability of visas in higher preferences, impacting the overall distribution based on demand.

Country Limitations

Each country is limited to 7% of the total annual visas in any category, a rule that affects high-demand countries such as India and China, especially in the EB-2 and EB-3 categories. When applicants from these countries exceed their allocation, they face significant backlogs.

Key Issues with the Quota System

Retrogression: High-demand countries experience “retrogression,” where the priority dates for visa eligibility move backward. This affects applicants’ timelines as the availability of visas fluctuates monthly based on demand and annual visa limits.
Unused Visas: While unused family-based visas sometimes flow into employment-based categories (and vice versa), caps often result in unused visas that could otherwise reduce backlogs. Some policy proposals advocate for better reallocation of unused visas to help alleviate these delays.
Per-Country Cap Impact: The 7% per-country cap, while ensuring diversity, contributes to long waits for applicants from countries with large numbers of high-skilled immigrants, leading to calls for reforms to this system. This is the reason for longer wait times for applicants from high demand countries like India, China, Mexico and Philippines.
Backlogs by Country: As of June 2023 over 1.2 million employment-based immigrants are waiting for green cards with majority from India and China.
Aging Out Risks: Many applicants on temporary visas in the U.S. face risks if their children “age out” at 21 and become ineligible to adjust status under their parent’s application.

For a deeper explanation read this.

November 2024 Visa Bulleting Chart B: See the Movement

These tables help visualize the cut-off dates and movements in each category for easier reference.

Family-Based Green Card Backlogs (November 2024)

Chart B (File I-485/USCIS or DS-260NVC)

Category	Country	New Cut-Off Date	Old Cut-Off Date	Movement
F-1: Unmarried Children (21+ years) of U.S. Citizens	All Other Areas	1-Sep-17	1-Sep-17	No Change
	China	1-Sep-17	1-Sep-17	No Change
	India	1-Sep-17	1-Sep-17	No Change
	Mexico	1-Oct-05	1-Apr-05	+6 months
	Philippines	22-Apr-15	22-Apr-15	No Change
F-2A: Spouses & Unmarried Children (<21 years) of U.S. Green Card Holders	All Other Areas	15-Jul-24	15-Jul-24	No Change
	China	15-Jul-24	15-Jul-24	No Change
	India	15-Jul-24	15-Jul-24	No Change
	Mexico	15-Jul-24	15-Jul-24	No Change
	Philippines	15-Jul-24	15-Jul-24	No Change
F-2B: Unmarried Children (21+ years) of U.S. Green Card Holders	All Other Areas	1-Jan-17	1-Jan-17	No Change
	China	1-Jan-17	1-Jan-17	No Change
	India	1-Jan-17	1-Jan-17	No Change
	Mexico	1-Jul-06	1-Aug-05	+11 months
	Philippines	1-Oct-13	1-Oct-13	No Change
F-3: Married Children of U.S. Citizens	All Other Areas	22-Apr-12	1-Jul-11	+6 months
	China	22-Apr-12	1-Jul-11	+6 months
	India	22-Apr-12	11-Jul-11	+6 months
	Mexico	15-Jun-01	15-Jun-01	No Change
	Philippines	8-May-04	8-May-04	No Change
F-4: Siblings of U.S. Citizens	All Other Areas	1-Mar-08	1-Mar-08	No Change
	China	1-Mar-08	1-Mar-08	No Change
	India	1-Aug-06	15-Jun-06	+1 month, 2 weeks
	Mexico	30-Apr-01	30-Apr-01	No Change
	Philippines	22-Jul-07	1-Aug-06	+11 months, 1 week

Employment-Based Green Card Backlogs (November 2024)

Chart B (File I-485/USCIS or DS-260NVC)

The employment-based green card backlogs are a significant concern for many applicants. The availability of more immigrant visas can influence whether applicants can use the Dates for Filing chart. If there are more immigrant visas available than known applicants, USCIS will allow the use of this chart for filing adjustment of status applications, which can affect processing times and applicant eligibility.

Category	Country	New Cut-Off Date	Old Cut-Off Date	Movement
EB-1: Extraordinary People, Outstanding Researchers & Professors, Executives & Managers	All Other Areas	Current	Current	No Change
	China	1-Jan-23	1-Jan-23	No Change
	India	15-Apr-22	15-Apr-22	No Change
	Mexico	Current	Current	No Change
	Philippines	Current	Current	No Change
EB-2: Exceptional People & Advanced Degree Holders	All Other Areas	1-Aug-23	1-Aug-23	No Change
	China	1-Oct-20	1-Oct-20	No Change
	India	1-Jan-13	1-Jan-13	No Change
	Mexico	1-Aug-23	1-Aug-23	No Change
	Philippines	1-Aug-23	1-Aug-23	No Change
EB-3: Skilled Workers, Professionals, and Other Workers	All Other Areas	1-Mar-23	1-Mar-23	No Change
	China	15-Nov-20	15-Nov-20	No Change
	India	8-Jun-13	8-Jun-13	No Change
	Mexico	1-Mar-23	1-Mar-23	No Change
	Philippines	1-Mar-23	1-Mar-23	No Change
EB-4: Special Immigrants	All Other Areas	1-Feb-21	1-Feb-21	No Change
	China	1-Feb-21	1-Feb-21	No Change
	India	1-Feb-21	1-Feb-21	No Change
	Mexico	1-Feb-21	1-Feb-21	No Change
	Philippines	1-Feb-21	1-Feb-21	No Change
EB-5: Investors	All Other Areas	No wait	No wait	No Change
	China	1-Oct-16	1-Oct-16	No Change
	India	1-Apr-22	1-Apr-22	No Change
	Mexico	No wait	No wait	No Change
	Philippines	No wait	No wait	No Change

Tracking Your Application

Monthly Updates: Subscribe to get notified of changes each month.
Watch Trends: If your category moves often, monthly tracking will give you a better idea of your timeline.

What is Priority Date Retrogression?

Priority date retrogression is when the cut-off date moves backward. In other words, the dates that were previously current for processing are now delayed due to high demand and limited visa numbers. Retrogression can happen in any visa category (family-based or employment-based) and is influenced by the annual visa cap and country-based limits. Retrogression affects people waiting for immigrant visas (green cards) by delaying their ability to get a visa even if they were closer to processing in previous months.

Why Does Retrogression Happen?

Retrogression is mainly due to the supply and demand of visas:

Demand Surge: High demand for visas in a specific category or country (India and China for example) can outpace the supply, causing cut-off dates to move backward.
Annual Limits: Each year the U.S. caps the number of visas per category and per country. When those limits are met or exceeded, retrogression will occur to maintain those legal limits.

Country Limits: No country can get more than 7% of the total visas in a specific category. This can create backlogs for applicants from high immigration countries.

Track Monthly Visa Bulletin Changes

The Department of State (DOS) does not send email updates for the Visa Bulletin, but the Visa Bulletin is available online. The monthly Visa Bulletin lists cut-off dates for visa availability, which determines which applicants can file for adjustment of status or permanent resident status. Enter your email address below to get monthly updates. This will help you track priority final action dates and any big movements in your category.

For more information on the Visa Bulletin and how it affects your green card application check out:

How to Read the Visa Bulletin: A detailed guide to understanding the Visa Bulletin and finding your priority dates for filing chart.
U.S. Department of State Visa Bulletin: The official monthly update from the U.S. Department of State.

USCIS Processing Times: Check the current USCIS processing times for various immigration petitions and applications.

Take Away and Considerations

The Visa Bulletin is important for anyone in the U.S. immigration process. Here’s what to take away:

Track Priority Dates: Monitor the Visa Bulletin regularly to stay up to date on your application. Especially if you’re from a high demand country where cut-off dates move often.
Consult with Immigration Experts: With the complexity of the immigration process, consulting with immigration experts or attorneys can be very helpful. They can help you understand the Visa Bulletin, changes and develop a strategy for your specific case and employment based preference categories.
Retrogression: Retrogression is when cut-off dates move backwards, meaning longer wait times. This can happen in certain categories due to high demand. Knowing this can help you manage your expectations and plan.
Plan Ahead: If you’re in the process of applying for a green card, planning ahead is key. This means gathering your documents, tracking priority final action dates and preparing for changes in wait times.

By following the Visa Bulletin each month you can make informed decisions and be prepared for each step of your immigration journey.

Background Information on the Visa Bulletin

Recent Changes: USCIS and Department of State Collaboration

USCIS and the Department of State have changed how they determine visa availability to make the process more efficient. This is good for applicants as it’s consistent whether you’re applying in the U.S. or at a U.S. embassy or consulate abroad.

What This Means for Applicants:

Easier Process: These new procedures will prevent applicants from being delayed due to different processing practices between USCIS and consulates.
More Accurate: By aligning the methods the wait times may be more accurate for applicants in high demand categories.

For more information see the USCIS Revised Procedures Announcement.

Past Visa Bulletins and Historical Data

The Visa Bulletin archives go back to Fiscal Year 2002 through 2025 so you can see the changes over time.

How to Use Historical Data:

Track Trends: Seeing priority date movement over the years will help you forecast changes and plan ahead.
Compare Dates: Looking at specific months across multiple years will show you typical movement in your category.
Find Patterns: Some categories show consistent movement or stagnation which will give you insight into future processing times.

Example Fiscal Year Archive:

2025 to 2022: Recent years.
2019 to 2015: Mid-range years will show demand shifts.
Pre-2010: Older years will help you understand long-term patterns especially for applicants from high demand countries.

Full Final Action Date Lists

These are annual lists of the Final Action Dates for each country and category. Useful for applicants from oversubscribed countries like India, China, Mexico and the Philippines.

Family-Based Preferences by Region

Worldwide: For low demand countries not listed individually.
China (mainland-born): Trends for Chinese nationals in family categories.
India: Big backlogs due to high demand; you need to understand this.
Mexico and the Philippines: Have unique wait times in family categories.

Employment-Based Preferences by Region

Worldwide: Non-listed countries generally don’t move much due to low demand.
China (mainland-born): Shows the demand for employment-based categories.
India: High demand; usually the longest wait times.
Mexico and Philippines: Unique priority dates due to employment demand.

Note on Afghan and Iraqi Special Immigrants (SI): These applicants have special final action dates in select years. If there is no date for a year it means the category was “Current” which means no wait time.

The Numerical Control Process: How Visa Limits Affect Cut-Off Dates

To ensure even distribution of visas each category and country has numerical limits. The Numerical Control Process affects cut-off dates as it’s based on the number of visas available versus demand in each category.

How it works:

Visa Allocation: Each year a certain number of visas is allocated to each category and country.
Cut-Off Dates: When demand exceeds supply a cut-off date is set and who can move forward.
Retrogression: In some cases dates move backward, known as “retrogression” which can delay applicants even if they were current.

For more information the Operation of the Numerical Control Process document explains how visas are allocated and cut-off dates are set.

Tracking Your Application: Monthly Monitoring and Resources

Monthly Visa Bulletins are key to staying informed. Monitoring the bulletin regularly will help you:

Stay Informed: Know when your category is moving so you can plan.
Find Trends: Look for patterns in cut-off dates for your category to prepare.
Check for Retrogression: Retrogression can happen unexpectedly in high demand categories so monitoring monthly can help you avoid surprises.

More Resources and Tools

USCIS and the Department of State offer more resources to help applicants understand their green card process:

Visa Planning Quiz: A quick assessment to determine eligibility.
Corporate Immigration :Specialized information for employment-based immigration.

Stay up to date on Visa Bulletin releases and track your priority dates and the immigration process will be more predictable and less painful.

Adjustment of Status Filing Charts Explained: November 2024

The Adjustment of Status (AOS) Filing Chartsare key to U.S. based green card applicants to know when to file. These charts—updated monthly by USCIS and the Department of State (DOS)—tell you which chart to use, Dates for Filing or Final Action Dates.

Here we explain these charts in simple terms, how they affect AOS applications and what you need to know for November 2024.

What are USCIS Adjustment of Status Filing Charts?

USCIS releases two charts each month for adjustment of status applicants:

Dates for Filing

This chart tells you when you can submit your AOS application. When using this chart USCIS is allowing you to file earlier than the actual visa availability.

Final Action Dates

This chart shows when USCIS or the Department of State can approve an application. When USCIS uses the Final Action Dates chart you can only file if your priority date is before the date listed.

Note: If a category is current in the Final Action Dates chart or if the cut-off date is after the date in the Dates for Filing chart you can use the Final Action Dates chart for that month.

How USCIS Chooses the Filing Chart Each Month

USCIS decides which chart to use based on the number of visas available and the demand. If there are more visas than applicants they use the Dates for Filing chart. If there are more applicants than visas they use the Final Action Dates chart to manage demand.

Monthly: USCIS will designate a chart each month.
Announcement: The chart is usually announced within a week of the Visa Bulletin.

November 2024 Adjustment of Status Filing Chart

For November 2024 USCIS has decided to use the Dates for Filing chart for both family-sponsored and employment-based categories:

For Family-Sponsored

Dates for Filing chart applies to all family-based categories, you can file AOS now.

For Employment-Based

Dates for Filing chart applies to all employment-based categories for November 2024.

Previous Months and Historical AOS Filing Charts

If you want to track historical trends previous AOS Filing Charts are available online from 2015 to present. These archives will help you see the date movement and changes over the years which can be helpful for planning and future filing.

2023: January to December
2022 – 2016: Full year
2015: October, November, December

Adjustment of Status Applicants

Monthly Check: Check the USCIS and DOS announcements every month to see which chart is being used.
Eligibility: Always check your category and priority date against the chart to confirm.
Advance Filing: When using the Dates for Filing chart you get a head start on the paperwork even if final action may take more time.

Predictions: Visa Bulletin for December 2024: Employment and Family-Based Green Card Updates

The December 2024 Visa Bulletin will tell you how soon you can expect to move in the employment-based and family-based green card categories. This will give you a summary of the movement, key factors affecting green card availability and how to stay up-to-date with the Visa Bulletin. While we can’t predict the future visa bulletin with 100% accuracy, here is our best estimation.

Visa Bulletin Predictions

Visa Bulletin predictions are based on past date movement and current demand so applicants can see when they can file or get green card approval.

Monthly: The Visa Bulletin is released every month and shows movement in both family-based and employment-based categories.
Cutoff Dates: These dates are based on demand and the annual visa caps set by the State Department.

Prediction for Family-Based Visa Bulletin for December 2024

The following are the predicted advances for the Final Action Dates in family-based categories:

F-1 (Unmarried Adult Sons & Daughters of U.S. Citizens):
- Mexico: 2-3 months
- Philippines: 4-6 weeks
- All Other Countries: 1-2 weeks
F-2A (Spouses & Minor, Unmarried Children of LPRs):
- Mexico and All Other Countries: 6-8 weeks
F-2B (Unmarried Adult Sons & Daughters of LPRs)
- Mexico: 1-2 months
- Philippines: 2-4 weeks
- All Other Countries: 1-2 weeks
F-3 (Married Adult Sons & Daughters of U.S. Citizens):
- Mexico: 6-8 weeks
- Philippines: Minimal to none
- All Other Countries: 2-4 weeks
F-4 (Brothers & Sisters of U.S. Citizens):
- Mexico and India: 1-2 weeks
- Philippines: 3-4 weeks
- All Other Countries: Little to none

Family Preference Numbers:

F-1: 23,400 + 4th preference numbers
F-2: 114,200 with 60% for spouses and children and 40% for unmarried adult children of LPRs
F-3: 23,400 + F-1 and F-2 numbers
F-4: 65,000 + any numbers not used by other preferences

Prediction for Employment-Based Visa Bulletin for December 2024

Due to high demand in the employment-based categories there is always a risk that some categories may retrogress.

EB-1 (Priority Workers)

India: 4-6 weeks
China: None
All Other Countries: Current

EB-2 (Advanced Degrees/Exceptional Ability)

India and China: None
All Other Countries: Minimal to none

EB-3 (Professionals & Skilled Workers)

India and China: None
All Other Countries: Minimal to none

Employment Preference Numbers:

EB-1: 28.6% of the worldwide employment-based visa limit + EB-4 and EB-5 numbers
EB-2: 28.6% of worldwide limit + EB-1 numbers
EB-3: 28.6% of worldwide limit with a portion for unskilled workers
EB-4: 7.1% of worldwide limit for special immigrants
EB-5: 7.1% of worldwide limit with set-asides for rural, high unemployment and infrastructure investments

Impact of High Demand and Retrogression

The U.S. Department of State has previously noted that demand in EB-2 and EB-3 may require retrogression especially for India, China, Mexico and Philippines. This is to keep visa usage within annual limits and adjust the flow of applications accordingly.

Per-Country Cap: No country can get more than 7% of the total family-based or employment-based visas in a year. This is the reason for longer wait times for applicants from high demand countries like India, China, Mexico and Philippines.

Sample Data for Employment-Based Backlogs (June 2023)

Category	India	China	Mexico	Philippines	Rest of World
EB-1	10,049	5,762	0	0	0
EB-2	426,465	40,039	889	307	25,292
EB-3	133,409	21,695	886	8,331	12,602
Other Workers	252	1,327	5,383	2,772	16,409

Total Applicants Waiting: Over 1.2 million across categories, with India representing a significant portion of the backlog.

Dates for Filing Chart in Effect

For December 2024, USCIS will use the Dates for Filing chart for EB AOS applications. This means applicants with priority dates earlier than the cut-off dates can file I-485.

No Priority Dates Movement

The same cut-off dates on both the Dates for Filing and Final Action charts indicates that Department of State is following a quarterly adjustment and not monthly as previously announced.

Visa Bulletin FAQs

1. What is the Visa Bulletin and why is it important?

The Visa Bulletin is a monthly publication by the U.S. Department of State that outlines priority dates for various immigration categories, both family-based and employment-based. It shows which applicants can file for green cards based on their priority dates and when they can move forward in the green card process.

2. What are the “Final Action Dates” and “Dates for Filing” charts?

i. Final Action Dates are the dates when an applicant’s green card can be approved and issued.

ii. Dates for Filing are the dates when applicants can submit documentation for their adjustment of status or immigrant visa applications. USCIS decides each month which chart to use for adjustment of status filings.

3. Where can I find my priority date and how do I find it in the Visa Bulletin?

Your priority date is the date when your immigration petition (Form I-130 for family-based or Form I-140 for employment-based) was filed with USCIS or Department of State. Look at the category and country of chargeability that matches your situation in the Visa Bulletin.

4. What does it mean if my category is “current” (C)?

A “current” means there is no backlog in that category and applicants can move forward with their application process without waiting for priority dates to move.

5. How often is the Visa Bulletin updated and when is it released?

The Visa Bulletin is updated every month and is usually released between 8th to 15th of the preceding month (for example, December Bulletin is usually released by mid-November).

Priority Dates and Processing Times

6. How are priority dates determined and what affects their movement?

Priority dates are based on the filing date of your petition and are affected by demand for visas, annual visa caps and per-country limits. High demand in a category or country can cause backlogs and slower movement in the priority dates.

7. What is retrogression and why does it happen?

Retrogression is when a priority date that was current or more advanced moves backward due to increased visa demand or recalibration of visa availability. Retrogression can delay the application process for those affected.

8. Can I file my adjustment of status if my priority date becomes current and then retrogresses?

If you file while your priority date is current, your application will continue processing even if it retrogresses later. However, a retrogressed priority date may delay the final action and approval of your green card.

9. Why do priority dates move slowly and is there a way to expedite?

Slow movement is due to high demand, limited visa numbers and country-specific limits. Unfortunately, there is no way to expedite priority dates but monitoring Visa Bulletin and consulting with an immigration attorney can help with timing your filing.

10. Can I predict future priority date movement?

The State Department sometimes provides predictions but priority date movement is hard to predict due to fluctuating demand. Some applicants follow historical trends to anticipate movements but it’s best to check the Visa Bulletin monthly for updates.

Family-Based Visa Bulletin FAQs

11. What are the family-based categories in the Visa Bulletin?

Family-based categories:

i. F-1: Unmarried adult children of U.S. citizens
ii. F-2A: Spouses and minor children of LPRs
iii. F-2B: Unmarried adult children of LPRs
iv. F-3: Married children of U.S. citizens
v. F-4: Siblings of adult U.S. citizens

12. Why do priority dates in family-based categories move slowly for certain countries?

High demand from countries like Mexico, India, China and Philippines causes longer wait times due to country-specific caps. These caps allow no more than 7% of the annual family-based visas to be issued to any one country.

13. Why are immediate relatives (spouses, minor children and parents of U.S. citizens) not in the Visa Bulletin?

Immediate relatives of U.S. citizens are not subject to numerical limits so they do not have wait times or priority dates like other family-based categories.

14. Can I keep my priority date if I change my petition category?

In some cases, yes. If a petitioner upgrades from F-2A (spouse of LPR) to immediate relative (spouse of a U.S. citizen after naturalization), they may retain their original priority date. Consult an immigration attorney for specific cases.

Employment-Based Visa Bulletin FAQs

15. What are the employment-based categories in the Visa Bulletin?

Employment-based categories:

i. EB-1: Priority workers (extraordinary abilities, multinational executives)
ii. EB-2: Professionals with advanced degrees or exceptional abilities
iii. EB-3: Skilled workers, professionals and other workers
iv. EB-4: Special immigrants (religious workers, certain broadcasters etc.)
v. EB-5: Investors who create jobs for U.S. workers

16. Why do Indian and Chinese nationals have longer wait times in employment-based categories?

High demand and the per-country cap of 7% have created huge backlogs for applicants from India and China especially in EB-2 and EB-3 categories.

17. How does the EB-5 investor program’s “set-aside” work?

Within EB-5, certain percentages of visas are reserved for investors who invest in rural areas, high unemployment areas or infrastructure projects. This set-aside program can give slightly faster processing to qualifying investors.

18. What if the employer withdraws the I-140 petition after I’ve filed my I-485?

If I-485 has been pending for 180 days or more, an applicant can change employers under the AC21 portability rule as long as the new job is in the same or similar occupational category.

Special Situations

19. My child is aging out soon. Can they still get a green card under my application?

The Child Status Protection Act (CSPA) allows some children to retain their eligibility as “children” even if they turn 21. The CSPA age formula is complex so it’s best to consult an attorney.

20. If my spouse and I filed separate petitions, can we transfer priority dates?

Generally, priority dates cannot be transferred between petitions; however, there are exceptions. For example, if an applicant has two approved I-140 petitions, they may retain the earlier priority date.

21. Can I refile or request reconsideration if my priority date was current but I missed filing?

Unfortunately, if you missed the window to file when your date was current, you cannot file retroactively. But monitor the Visa Bulletin closely for future opportunities.

22. Will we see rapid movement in the Final Action Dates chart?

Rapid movement is rare but can happen if there’s underutilization of visas in a category. Temporary rapid movement can also happen when annual limits are recalculated or when demand is low.

Stay Informed and Plan Ahead

23 How can I get notified when the Visa Bulletin is out?

You can subscribe to Visa Bulletin email notifications on the USCIS or State Department website to get updates as soon as the monthly bulletin is published.

24. Should I talk to an immigration attorney about my priority date?

Consulting an immigration attorney is helpful especially for complex cases or those with retrogression, job changes or children aging out. An attorney can give you customized advice and help with strategic planning based on Visa Bulletin trends.

25 What is a Priority Date?

The priority date is your position in line for visa processing. It’s usually the date the U.S. Citizenship and Immigration Services (USCIS) received the initial petition (Form I-130 or I-140).

26. How do I know if my priority date is current?

The Visa Bulletin lists the current cut-off dates by category and country. If your priority date is before the date in your category, it’s current and you can move forward with the final stages of your application.

27. What if my priority date retrogresses?

If retrogression happens, applicants with a previously current priority date will have to wait longer for the visa to be issued. Final processing will be halted until the priority date becomes current again in a future Visa Bulletin.

28. Can retrogression affect both Family-Based and Employment-Based Visas?

Yes, retrogression can happen in any category with high demand. Employment-based categories (especially EB-2 and EB-3) and family-sponsored categories (F1 and F4) are more prone to it.

29. Can I file for Adjustment of Status during retrogression?

Generally, you can’t file if your priority date is not current. But if you filed for adjustment of status when your date was current, you can stay in pending until it becomes current again.

29. How often can retrogression happen?

Retrogression can happen multiple times a year if demand surges. Monitor the Visa Bulletin monthly for updates.

30. Can USCIS expedite my case during retrogression?

USCIS does not expedite based on visa availability.

31 What should I do if my case is affected by retrogression?

Stay up to date with the Visa Bulletin. Some applicants may benefit from legal advice on alternative visa options if their case is delayed significantly.

31. Why Are Immediate Relatives of U.S. Citizens Exempt from Quotas?

The U.S. immigration system prioritizes family unification, allowing U.S. citizens to bring spouses, children, and parents without numerical restrictions.

The U.S. immigration system and immigration services can be complex, but with the right information and resources you can make informed decisions about your green card application and filing chart. The Visa Bulletin is a key tool in this process, showing wait times and priority final action dates for each category. By staying informed and proactive you can increase your chances of a successful and timely green card application.

Herman Legal Group will be tracking Visa Bulletin changes.

Stay Connected
Follow Herman Legal Group on LinkedIn, Instagram, and subscribe to their webinars and podcasts for the latest information and updates.

Expert Legal Help At Herman Legal Group, LLC

24/7 Support, Just A Call Away!

+1-216-696-6170

Book Consultation