Pending Asylum Applicant Receives Quick Marriage Visa Approval

Client: Family
Client’s Country of Origin: Burkina Faso
Case Type: I-485 Application for Marriage Visa/Asylum
Date of Application: October 2018
Date of Approval: June 2019

Our client, a citizen of Burkina Faso, came to the US originally seeking asylum. During his time in the states, he obtained work and delivered medication to pharmacies around town. While on the job, he met a woman technician and became drawn to her. Soon later, they began talking and started a relationship, and eventually, the technician became his wife.

Once the two united in marriage, our client considered applying for a marriage green card. However, he was still on pending asylum status. Our client retained Herman Legal Group counsel to receive guidance on what steps to take in order to obtain lawful permanent residency as quickly and efficiently as possible. Attorney Erin James assisted with the foregoing matter.

Because asylum cases may take months to years before an interview date is assigned, Attorney James knew how to stagger the process. She helped our client file an I-485 application for a marriage visa and informed a couple of the interview process.

The asylum interview was scheduled first. Attorney James attended that interview with our client, along with the letter stating that the client has a pending marriage green card application, and requested to administratively close the asylum case, which was closed that day.

In light of concerns of marriage fraud, the USCIS conducts strict interviews seeking answers in specificity and unanimity. At our client’s interview, complications arose. Due to a language barrier, our client could not comprehend all questions posed by the officer. As a result, our client was not providing concrete answers. The interview became tough as the officer grew frustrated, impatient, and began searching for flaws in the marriage.

In the end, our client relieved the tension and told authentic stories about the marriage that eventually got the officer enjoying them. Within a few days, the couple was approved for a marriage visa.

Our client and his wife were very happy about the outcome.

ماهي فترة معالجة عريضة إلتماس لقريب أجنبي (نموذج I-130)؟

تعتبر عريضة الإلتماس لقريب أجنبي (نموذج I-130) إحدى الخطوات التي عليك المرور بها من أجل الحصول على إقامة عائلية دائمة أو بطاقة خضراء في الولايات المتحدة. و يتم إعتماد إستمارة I-130 من قبل المواطنين الأمريكيين أو المقيمين الدائمين من أجل تأسيس صلة مع المستفيد تجعله مؤهل للحصول على التأشيرة.

و بالرغم من إنتظام الخطوات التي عليك إتباعها، تعتمد فترة معالجة إستمارة على ظروف و عوامل أخرى. منها نوع العلاقة التي تجمع مقدم العريضة بالمستفيد و حجم القضايا التي تعمل عليها دائرة خدمات الجنسية والهجرة في الولايات المتحدة في ذلك الوقت و قدرتك على تقديم طلب I-130 متناسق و متكامل و بشكل صحيح. يمثل البيان التالي الخطوات الأساسية التي عليك إتباعها عند تقديم طلب I-130.

تعتبر مراحل الحصول على تأشيرة الزواج أكثر وضوحًا و أقل تكلفة مقارنة بتأشيرة الخطوبة K-1. ستقوم وزارة الخارجية الأمريكية بتقييم قضية الهجرة القائمة على الزواج و تصدر تأشيرة بعد الموافقة عليها. و تكون التأشيرة المتحصل عليها عبر هذه الطريقة بمثابة بطاقة خضراء مؤقتة.

و ستتمكن من السفر إلى الولايات المتحدة بفضل تلك التأشيرة ثم تقوم وزارة الخارجية بإرسال بطاقتك الخضراء عن طريق البريد بمجرد حصولك عليها. و إن كنت متزوج لمدة لا تتجاوز سنتين عند قدومك للولايات المتحدة، سيتم إذًا منحك بطاقة خضراء مشروطة قبل الحصول على بطاقة خضراء صالحة لمدة عشر سنوات و يتوجب عليك تقديم طلب إن كنت ترغب في إزالة الشروط.

و قد تكون إجراءات معالجة نموذج I-130 عريضة الالتماس لقريب أجنبي بطيئة بعض الشيء. ففي منتصف سنة 2020 إستغرقت دائرة خدمات الجنسية والهجرة بين 7 و 22 شهرًا من أجل معالجة هذه الإستمارة. ويعتمد طول المدة التي عليك انتظارها قبل القدوم للولايات المتحدة و إثر قبول دائرة خدمات الجنسية والهجرة طلب I-130 الخاص بك بالأساس على إن كان زواجك من مواطن(ة) أمريكي(ة) أو من مقيم(ة) دائم(ة) بالولايات المتحدة الأمريكية أو من حامل(ة) بطاقة خضراء.

إن كنت متزوج(ة) من مواطن(ة) أمريكي(ة) ستؤهل مباشرة كقريب بصفة مباشرة و ذلك يعني أن قضيتك ستتطلب الوقت الذي تستغرقه السلطات المعنية لمعالجتها فقط. ولا يتجاوز ذلك بالعادة مدة شهرين قبل أن يتم تحويل ملفك إلى مركز التأشيرات الوطني.

ثم يتوجب عليك الإنتظار لبعض الأشهر الإضافية قبل أن تقوم السفارة الأمريكية بتحديد موعد مقابلتك. و بالتالي قد تصل فترة الإنتظار بصفة عامة إلى 24 شهرًا.

و لكن من جهة أخرى إن كنت متزوج من مقيم دائم و شرعي بالولايات المتحدة فإذًا ليست لك الأولوية الفورية بل ستخضع لنظام الحصص.

إن كان زوجك أو زوجتك بصفته أو بصفتها مقيم(ة) شرعي(ة) دائم(ة) بالولايات المتحدة قد عاش برفقتك في بلد أجنبي لمدة تتجاوز 6 أشهر فعليك إستشارة محامي مختص للتأكد من أنه لم يتم إلغاء بطاقته أو بطاقتها الخضراء.

و بالرغم من أن تأشيرة الزواج CR-1 لن تستغرق أقل من 12 شهرًا فلها عدة مزايا كحصول المهاجرين على بطاقات إقامة دائمة بمجرد عبورهم حدود الولايات المتحدة.

و بإمكانهم الحصول على عمل و رقم ضمان اجتماعي و رخصة سياقة و السفر خارج حدود الولايات المتحدة. و من المفترض تلقي البطاقة الخضراء في غضون أسبوع من دخول الولايات المتحدة ويعتبر الطابع البريدي (I_551)و الختم على جواز السفر عند عبور الحدود دليل حصولك على البطاقة الخضراء.

لمعرفة مدة معالجة وتجهيز عريضة الإلتماس لقريب أجنبي (نموذج I-130) الحالية ومتابعة تغيراتها بإمكانك زيارة الموقع الرسمي لدائرة خدمات الجنسية والهجرة معرفة المزيد من التفاصيل في كل من الخمس مكاتب و مراكز الخدمات بنبراسكا و كاليفورنيا و بوتوماك و تكساس و فيرمونت.

How to Win a Spousal I-130 or I-751 After RFE or NOID?

Contents

1. Introduction
2. What are RFE and NOID?
3. Why Do Marriage-Based Applicants Get NOID or RFE?
4. How to Respond to RFE or NOID?
   • How to Collect Evidence and What Evidence Would Be Useful for the USCIS?
5. What is the Deadline for Responding to an RFE/NOID?

Introduction

Sometimes, immigration law can be a rugged territory to cruise on. All those filing forms, fees you need to pay, evidence you have to submit, interviews to undertake can make you feel trapped in your immigration case. Therefore, it is advisable to hire a lawyer from the first beginning to lead you through the whole process.

But what if you have already undertaken some steps without seeking legal help and received an RFE or a NOID after your I-130 or I-751 petition? Although it might seem that the situation is not bright, do you need to panic, or is there still something to do about it?

First of all, we will remind you to relax and take a deep breath. The good thing is there is a solution, and no need to be worried. This article will provide you with answers to the most common concerns when it comes to those two USCIS actions and equip you with information on how to handle it.

What are RFE and NOID?

When the petition lacks evidence, USCIS will dispatch a Request for Evidence (RFE). This creates an additional opportunity for petitioners to provide proofs that are important for their cases.

Immigration officers at the USCIS will usually issue an RFE when an initial assessment on your application has determined that they need more information to make an informed decision.

Once an RFE has been sent out, you’ll be allowed to make corrections to any information you’ve already disclosed, if necessary. You’ll also provide documents that can further support your case or persuade the reviewing officers to approve your application.

Usually, such requests concern a copy of a birth certificate, degree, passport, marriage license, or any other relevant document which is not complicated to obtain. Still, sometimes it can request some more difficult copies, such as a request to employers for bank statements demonstrating an ability to pay the prevailing wage.

In order to avoid rejection of your petition, you will have to respond to the RFE appropriately. These Requests for Evidence are prevalent lately, and those are becoming even more frequent since the USCIS scrutinizes cases in more detail such as those for H-1B visas.

To conclude and put it in other words, if you receive an RFE from the USCIS, it only means that they need additional information before reaching a decision.

The other USCIS document you can receive after you file the I-130 petition is a Notice of Intent to Deny (NOID). As its name says, when USCIS intends to deny your application, it will send you out a NOID, and not an RFE we talked about earlier.

If you receive a NOID, this will mean the USCIS has already decided that you are not eligible.

Now, wait: it doesn’t mean either the USCIS has already officially denied your application when it delivers NOID. But, it does mean that your path to winning the case is more challenging and that you’ll probably need to seek help from an immigration lawyer to win your case.

However, there are several noticeable differences between RFE and NOID to bear in mind when it comes to these two notices:

• RFEs are usually sent out because the USCIS is unsure whether your petition should be approved, so it needs more evidence to determine the outcome. On the other side, you may receive NOID when the officer deems that the petition shouldn’t be approved, but believes that additional evidence you may provide could affect the final decision.
• RFEs will include a list of the evidence needed to avoid a denial or rejection, but NOID will consist of a list of reasons why your petition is likely to be denied. Based on the listed reasons, you will need to determine what evidence you could provide and convince the offices to sway the decision.
• Deadlines also differ: you will likely be given a shorter time to respond to a NOID than you would for an RFE.

Why Do Marriage-Based Applicants Get NOID or RFE?

Firstly, let’s clarify why and in what circumstances marriage-based applicants receive RFE or NOID. In the United States, being married is not an instant ticket to obtaining a U.S. green card.

This might disappoint many couples since the burden to convince USCIS that the immigrant deserves a U.S. green card is on the applicants. If you intend to do so, you must be ready to demonstrate your eligibility by ensuring firm evidence.

On the way to getting a permanent residence, there are two steps to undertake in process. The first step is to file an I-130 immigrant relative petition. If it gets the approval, it enables petitioners to advance to the next step and apply for permanent resident status.

Many immigrants who want to obtain a marriage-based green card fail in the first step of the process, but you can guess your mistake since you are reading this article. Often, petitioners perceive filing the spousal I-130 petition as a trivial requirement due to its limited set of questions.

USCIS holds the power to ask for as much evidence as it deems necessary before it is convinced that your application is eligible for approval.

It might issue a NOID or RFE for multiple reasons, mainly including insufficient evidence of a bona fide relationship, discrepancies or inconsistencies in each spouse’s testimony, discovery of negative information, and 204(c) fraud finding.

Sometimes, you will find very detailed information in the USCIS issued document regarding allegations. Still, those may seem vague more than often, so make sure to hire an immigration expert in order to respond adequately.

How to Respond to RFE or NOID?

Depending on what phase the case is at, there is a difference in who is responsible for responding to the issued document: the petitioner or the couple jointly.

If USCIS issued the NOID following the I-130 petition submission, then the petitioner who is a U.S. citizen or lawful permanent resident prepared and filed the I-130 should be the one who will respond to it. The immigrating beneficiary cannot reply to a NOID and I-130 petition, although he or she can assist the petitioning spouse is preparing a response.

If a couple filed a concurrent marriage-based adjustment application (with a Form I-130 and Form I-485) and received a NOID, it would usually do so after the marriage interview at a USCIS office.

However, USCIS can technically issue the NOID at any time, and in that case, both people will be responsible for responding jointly.

If you were issued the RFE, read through it carefully and make sure you don’t miss any vital information, including any additional documentation requested.

Even if you think that you’ve already submitted some of the requested information with your initial application, still be patient. It happens sometimes. When responding, try to provide a comprehensive answer by using concise and clear responses, and submit all of the requested evidence.

It’s essential to take care of the RFE as quickly and accurately as possible. Failure to do so may delay or harm the outcome.

The vital point of your response is a collection of evidence that will support your application. In the next part of this article, you will learn more about specific documents that will help you strengthen your application.

How to Collect Evidence and What Evidence Would Be Useful for the USCIS?

A most common complaint by USCIS is there is insufficient evidence of a shared life. This can include a lack of evidence to prove cohabitation or joint finances. Moreover, contradictory or adverse evidence from USCIS interviews or investigations can raise doubt about your marriage.

So, make sure this time that your RFE response includes any requested information or evidence that the USCIS officer asked and do not hesitate to have any other documents if you think that it will solidify your application. Be sure to include all information and evidence that the officer might need to make an informed decision.

If you received NOID, your situation is a bit more complicated since, unlike RFE, your NOIDS contains only a list of allegations made by USCIS. It means that you have to conclude what documents you satisfy USCIS to revoke the decision. Because of it, it would be good not to submit the response on your own, but rather to seek professional legal help.

One of our clients was issued with NOID alleging marriage fraud in a prior marriage. This situation wasn’t easy since USCIS doubted the current marriage because of a previous one that was terminated, where the couple also filed an I-130 and were denied, even though the couple had children.

In our response, we stated that the intention of establishing a life together at the time of marriage is crucial in determining whether the couple entered into the marriage in good faith.

The first time, USCIS denied the petition without the interview, so the couple never had a chance to answer an officer’s doubts. As firm evidence of their bona fide relationship, we included affidavits of various important actors in the couple’s life, including ex-partner’s testimony, happy anniversary, and birthday cards.

In the other case, the USCIS denied I-130 because it believed that the petitioner did not provide “adequate documentation to show that the beneficiary was free to marry.”

Our client did not give the U.S. Embassy any previous marriage documentation. Instead, he represented himself as such in order to obtain a tourist visa easier. However, USCIS couldn’t just conclude that the client wasn’t free to enter a new marriage without valid documentation and based only on words.

As in the previous case, here as well right affidavits and strong arguments stated by our lawyers, made the response more convincing and more effective.

As you can see, there are various, unpredictable situations that can occur, and USCIS has the power to decide solely and independently about each.

Therefore, if when you receive RFE or NOID, make sure to contact your lawyer immediately, so you do not miss the deadline to deliver a response and to have enough time to prepare all required documentation.

Remember, the more supporting and detailed information you can send, the better your chances of getting approval will become.

What is the Deadline for Responding to an RFE/NOID?

The deadline within which you have to respond to your RFE will be listed in itself. If you miss this date, your application may be denied due to abandonment or incomplete documentation.

This means that you need to carefully look at your RFE, prepare a response on your own, hire an immigration lawyer who will help you out, and make sure you don’t miss the deadline.

If you have filed an initial application but moved after that, it’s essential to notify the USCIS about it and provide them with your new mailing address so that any notice can be delivered to you. If you travel away from home for a long time and if it’s possible, it is always a good idea to have a forwarding address in the place, you will reside.

In the event of missing either of these steps, you will be likely to receive an RFE notification on the wrong address without being notified, which will result in missing the response deadline and losing a to respond appropriately.

The amount of time you get to respond to an RFE will mostly depend on the level of difficulty surrounding the request’s requirements. Usually, the deadline that most applicants get is somewhere between 30 and 84 days.

Remember that this is one of the most important aspects of responding to an RFE, to meet the specified deadline set out by USCIS, and not even a day later. Moreover, the sooner you can provide USCIS with the requested evidence, the better your chances of an accurate and effective response are.

Missing this deadline will lead you to the opportunity to file an appeal to reopen your application, but this is a step that should be avoided in any circumstances unless you encountered legit events that prevented you from responding promptly.

When it comes to the NOID, this notice will also include the time of how long you have to respond, which is usually 30 days. Here, you should know that there are three additional days for mailing besides this limit, considering the date highlighted on the NOID’s top.

Typically, this period is not flexible, which means that if you cannot gather all of the evidence on time, USCIS will eventually deny your case.

Having in mind the current situation due to the coronavirus or COVID-19 pandemic, USCIS made some exceptions. It stated that if you receive a NOID dated between March 1 and September 11, 2020, you will be given some extra time. Accordingly, you can respond up to 60 calendar days after the response date outlined in your NOID.

In order to prevent a denial, we advise you to submit as much evidence as you have, no matter whether you consider some of it sufficient.

If there is some information that takes more time to get and this doesn’t depend on you, along with gathering evidence, attach a letter advising USCIS that you will supplement more information as soon as possible.

If you have any proof that you commenced collecting additional evidence that will support your application, provide it to the USCIS, as well. In this way, you will let USCIS know that you are waiting for the missing information and are serious about proving your bona fide marriage.

A Guide to Marriage a US Permanent Resident While Residing Abroad

As long as you are a permanent resident of the United States, it is possible to bring your spouse to the US on an immigration visa. Because of immigration visa quotas that apply to permanent residence sponsors, however, the process will take considerably longer than it would take a US citizen. The entire process takes two to two and a half years on average, perhaps a few months more.

Step 1: Your Sponsorship Application

Chinese Couple

You must file an application to sponsor your spouse, and only after your application is approved can your spouse apply for an immigration visa. Following are the steps you must take:

• Complete and sign Form I-130 (sponsorship application) and Form I-130A (supplemental information form).
• Prepare all supporting documents required by the instructions to Form I-130 and Form I-130A, including proof of your permanent residence, your marriage certificate, proof of the legitimacy of your relationship with your spouse, divorce records (if either of you has ever been married before), two passport-style photos each of you and your spouse, a cover letter (optional), etc.  
• Prepare the filing fee of $535 in the form of a check, money order, or credit/debit card payment using Form G-1450.
• Wait about two weeks for a Receipt Notice to arrive confirming that the USCIS has received your application.
• Notify the USCIS immediately of any change in your mailing address.
• Respond promptly to any USCIS Request for Evidence that you may receive. If you get one, it will probably arrive two or three months after you file your sponsorship application.
• If your application is approved, you should receive an Approval Notice within 12-15 months.

The Visa Bulletin Waiting Period

Visa Bulletin Waiting Period

Because of the sponsor’s status as a US permanent resident rather than a citizen, annual quotas apply, and these quotas will result in an additional delay of 8 to 10 months based on the State Department’s monthly visa bulletin. This delay might exceed 10 months depending on the nationality of your spouse.

Step 2: Applying for Permanent Residence

Indian Wedding

Once your sponsorship application is approved, your spouse will be ready to apply for an immigration visa, which will lead to the issuance of a green card once he or she has entered the United States.

• The USCIS will transfer your case to the National Visa Center (NVC) after it approves your sponsorship application.
• The NVC will send your spouse a Welcome Letter that will include that NVC Case Number and Invoice ID Number.
• Your spouse should then file Form DS-261. There is no filing fee, and processing only takes 2 – 3 weeks.
• You pay the State Department a $445 filing fee. This fee can be paid online at the Immigrant Visa Invoice Payment Center with your bank routing number and a checking/savings account number from a U.S. bank. You will also need to supply the NVC Case Number and the Invoice ID Number to identify the case for which the filing fees are being paid.
• You (not your spouse) must complete Form I-864 (Affidavit of Support). Send it to your spouse along with the required financial documentation (such as your most recent tax return).
• Your spouse must file Form DS-260 online, and send Form I-864 and all supporting documents to the NVC by mail.  
• The NVC might send your spouse a Request for Evidence a few weeks later if it requires additional documentation. Failure to respond promptly will delay the processing of the application.
• Within 3 to 5 months after Form DS-260 is filed, the NVC will schedule an interview at the US embassy or consulate nearest to your spouse’s overseas residence, and send your spouse a visa appointment letter. The letter will include instructions on which documents to bring to the interview.
• Your spouse must complete a medical examination conducted by an approved doctor in his/her home country. The fee is usually around $200, and your spouse will be issued a sealed envelope containing the results. Your spouse must bring this to the visa interview.
• Your spouse must provide an address where his/her passport can be mailed after an immigration visa is issued (this can be done on the embassy website).
• Your spouse must make an appointment and submit to fingerprinting at the local visa application support center.
• Your spouse must attend the interview (your presence is not required), where he/she will be questioned to confirm that the marriage was not fraudulently entered into for the purpose of obtaining immigration benefits. Your spouse should bring all requested documentation.
• Assuming that the interview is successful, an immigration visa will be stamped onto your spouse’s passport, perhaps even the day of the interview.  
• You must pay a $220 Immigrant Fee. This fee can be paid online, and it covers the costs of issuing and delivering the green card. It will be mailed to your US address two or three weeks after your spouse’s arrival in the U.S.
• If you have been married for less than two years as of the date your spouse enters the US, your spouse’s permanent residence will be conditional, and you will both need to attend an interview two years later to have the condition removed.

As long as you are a permanent resident of the United States, it is possible to bring your spouse to the US on an immigration visa. Because of immigration visa quotas that apply to permanent residence sponsors, however, the process will take considerably longer than it would take a US citizen. The entire process takes two to two and a half years on average, perhaps a few months more.

Marriage to a US Permanent Resident While Residing in the United States

If you are a permanent resident rather than a US citizen, it will take you longer to complete the immigration process for your spouse than it would take a US citizen. While it generally takes a US citizen a year to a year and a half to complete the process, you can expect the process to take two and a half to three years, or perhaps even a bit longer.

Since a naturalization form is generally approved within 6-12 months of the filing date, if your naturalization application is pending, or if you are planning on applying for US citizenship and you are currently eligible to do so, you might want to consider waiting until you become a citizen before commencing the immigration process. Before you make this decision, carefully calculate the timing to make sure that you will actually save time this way.

Step 1: Your Sponsorship Application

Marriage Sponsorship

The procedure for filing the sponsorship application works like this:

• Complete and sign Form I-130 and Form I-130A.
• Prepare all supporting documents required by the instructions including proof of your permanent resident status, your marriage certificate, proof of the legitimacy of your marriage, divorce records (if applicable), two passport-style photos of each of you and your spouse, a cover letter (optional), etc.  
• Prepare payment of the filing fee ($535) by check, by money order, or by credit/debit card  (using Form G-1450).
• Wait about two weeks for a Receipt Notice.
• Notify the USCIS of any change in your mailing address.
• Respond to any USCIS Request for Evidence. If you receive one, it will probably arrive a few weeks after you receive your Receipt Notice.
• You should receive an Approval Notice from the USCIS within 12-15 months.

The Visa Bulletin Waiting Period

Family Visa Bulletin Sample

Because of your status as a permanent resident rather than a US citizen, there is an annual cap on the total number of spouses allowed to immigrate this way, which necessitates an additional delay based on the State Department’s monthly visa bulletin. The average delay at this stage is 8-10 months, but it can vary depending on your spouse’s nationality. Your spouse must maintain legal status in the United States during this period.

Step 2: Applying for Permanent Residence

Fiancée/Fiancé Visa vs Marriage “Green Card”

Step 2 should take 9 to 11 months. Following are the steps that need to be taken:

• You complete Form I-864 (the Affidavit of Support), collect supporting documentation such as a copy of your most recent tax return and provide it to your spouse.
• Your spouse must complete Form I-485 (Application to Register Permanent Residence or Adjust Status).
• Your spouse must complete Form I-765 (work permit application), and it must be approved before your spouse will be able to work in the United States while his/her permanent residence application is pending.
• Your spouse must complete Form I-131 (travel permit) and receive approval before he or she will be able to re-enter the United States after traveling abroad while his or her permanent residence application is pending..
• Your spouse must submit to a medical exam performed by an approved doctor. The doctor will charge about $200. Your spouse will receive Form I-693 in a sealed envelope to take to the visa interview. The seal must remain unbroken.
• Prepare all supporting documents required by the instructions for the forms, including two passport style photographs of your spouse, a copy of your spouse’s ID card with photograph, a copy of your spouse’s birth certificate, copy of I-94 issued upon your spouse’s arrival to the US, copy of your spouse’s US visa, Approval Notice for Form I-130, Form I-864, Affidavit of Support, a copy of your criminal record,
• Prepare the filing fees ($1,140 for Form I-485 and $85 for biometrics, for a total of $1,225). You can pay by check, money order or credit/debit card.
• Mail the application package to the appropriate USCIS address associated with your state of residence.
• Wait about two weeks to receive receipt numbers from the USCIS..
• Wait to receive the location and date of your spouse’s biometrics appointment. It will probably take place at a USCIS office.
• Your spouse must attend the biometrics appointment to be  fingerprinted and photographed. Security and background checks will be completed based on this information.  
• Respond to a Request for Evidence if you receive one. If you receive one, it will arrive two or three months after the I-485 filing date.
• It takes about five months after the I-485 filing date to receive approval of the work permit and travel permit applications.
• The USCIS to send the date and time for the green card interview, which will take place at the nearest USCIS office. You must attend this interview with your spouse. You both may also be required to bring certain documentation with you. Your spouse’s permanent residence application might be approved immediately; on the other hand, there might be a delay.
• Your spouse’s green card will arrive in the mail in a couple of weeks.
• If you have been married for at least two years, the green card will be marked “IR1” (unconditional permanent resident). If you have been married for less than two years, the green card will be marked “CR1” (conditional permanent residence), and it will expire in two years.
• Notify the USCIS if your mailing address changes.
• If your spouse received conditional permanent residence, the USCIS will notify you of another interview two years later to remove the condition. You must attend the interview together with your spouse.

Step by Step Guide To Marriage to a US Citizen While Residing Abroad

If your spouse resides outside the US, it could take 12 to 18 months before he or she is allowed to enter the US. If you are not married yet and you are planning to marry before filing your spouse’s permanent resident application, you might want to consider filing for a fiance visa instead (see below) so that your spouse can enter the US sooner. If you are already married, however, you cannot apply for a fiance visa. Permanent residence involves a two-step process.

Step 1: Your Sponsorship Application

I-130 Petition for Alien Relative

The procedure for filing the sponsorship application — Form I-130 and Form I-130A  — is the same as for Pathway 1, except that you cannot send your sponsorship application and your spouse’s permanent residence application in a single package — you must receive approval of Form I-130 before your spouse can apply for permanent residence. Following are the steps in the process:

• Complete and sign Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for Spouse Beneficiary). It is you who must sign and file these forms, not your spouse.
• Prepare all supporting documents required by the instructions for the forms you file, including proof of your US citizenship, your marriage certificate, proof of the non-fraudulent nature of your relationship, proof of divorce if either of you has been previously married, four passport-style photos (two of you and two of your spouse) and a cover letter (optional), etc.  
• Prepare payment of the filing fee ($535) by check, money order or (by filing Form G-1450), credit/debit card.
• In about two weeks you should receive an official receipt notice for your I-130 and I-130A.
• Notify the USCIS if your mailing address changes.
• Respond to any USCIS Request for Evidence that you receive. Although not all applicant receives a Request for Evidence, there is nothing uncommon about it. If you receive one, you will be required to submit additional evidence to process your sponsorship application. If you receive one, it will probably arrive a few weeks after you submit your sponsorship application package.
• You should receive an Approval Notice within 7 to 10 months.

Step 2: Your Spouse’s Application for Permanent Residence

Interracial Couple

If your spouse resided in the US, then he/she would file Form I-485. Since your spouse resides abroad, however, there will be no need to file this form. Instead, your spouse should file an application for a U.S. immigration visa. Technically, your spouse will be considered a US permanent resident as soon as he or she has passed through US immigration screening, although the green card will not arrive immediately.

• Once The USCIS approves forms I-130 and I-130A, it will transfer your case to the National Visa Center (NVC).
• The NVC will assign your spouse an NVC Case Number and Invoice ID Number. It will notify your spouse of these numbers by sending a Welcome Letter.
• Once your spouse receives a case number, he or she must file Form DS-261, which simply tells the State Department how to communicate with you while your visa application is pending. There is no filing fee, and processing takes two or three weeks.
• Pay the State Department a $445 filing fee online at the Immigrant Visa Invoice Payment Center. You will need a bank routing number and a checking or savings account number from a U.S. bank. You will also need your spouse’s NVC Case Number and Invoice ID Number from the Welcome Letter.
• Complete and sign Form I-864 (Affidavit of Support) and send it to your spouse along with financial documentation that will include your most recent tax return..
• Your spouse must file the immigration visa application (Form DS-260) online and send Form I-864 and all supporting documents to the NVC.  
• The NVC might send a Request for Evidence within one to two months of your filing date if it needs more documentation to process your application.
• The NVC will schedule an interview at the nearest US embassy or consulate within three to five months after the immigration visa application is filed. Your spouse will receive a visa appointment letter that will probably include a list of documents or other materials to take to the interview.
• Before the interview: Your spouse must complete a medical examination with a local doctor approved by the USCIS. The cost should be around $200, and your spouse will be given a sealed envelope to take to the visa interview. The seal must remain unbroken.
• Before the interview: Your spouse must access the website of the embassy or consulate that will conduct the interview, and provide an address where his/her passport can be mailed once an immigration visa is stamped onto it. The website will contain instructions on how to do this.
• Before the interview: Your spouse must make a fingerprinting appointment and submit to fingerprinting at the local visa application support center (in most countries, it is located at a different address than the embassy or consulate).
• Your spouse must attend the green card interview (you will not be invited to attend), where he/she will be asked questions to determine whether the marriage is legitimate. Your spouse should bring the documentation and materials requested in the visa appointment letter, including his/her passport and the sealed results of the medical exam.
• If the interview is successful, a US immigration visa will be stamped onto your spouse’s passport. If there is a delay in making the decision (which is not uncommon), your spouse’s passport will be mailed to him/her.  
• You must pay a $220 Immigrant Fee online. This fee covers the production and delivery of your spouse’s green card. It will be mailed to your spouse’s US address within two to three weeks after he/she arrives in the U.S.
• If you have been married for less than two years as of the date that your spouse enters the US, your spouse will be granted conditional permanent residence (“CR1”), which will require an additional interview two years later to remove the condition.

Step by Step Guide On Marriage to a US Citizen While Residing in the United States

If your spouse already resides in the United States, he or she will need to adjust his or her immigration status to permanent residence. It is important that your spouse is in legal immigration status when the application package is submitted and during the entire time the application is pending. The entire process should take about a year or perhaps a bit longer.

Following is a step-by-step guide, written from the point of view of the sponsor:

• You must complete and sign Form I-130 (Petition for Alien Relative) and Form I-130A (Supplemental Information for Spouse Beneficiary). It is you who must sign and file these forms, not your spouse.I-130 Petition for Alien Relative
• Your spouse completes and signs Form I-485 (Application to Register Permanent Residence or Adjust Status).
• You complete and sign Form I-864 (the Affidavit of Support, proving you have access to sufficient financial resources to support your spouse in the US without public assistance).
• Your spouse completes and signs Form I-765 (work permit) if he/she intends to work in the United States while the permanent residence application is pending.
• Your spouse completes and signs for I-131 (travel permit) if he/she plans to travel outside the United States while the permanent residence application is pending.
• Your spouse submits to a medical exam from a “civil surgeon” (a USCIS-approved doctor). The cost will be about $200, paid to the doctor, and the doctor will issue Form I-693 in a sealed envelope. The seal must remain unbroken.
• Prepare all supporting documents required by the instructions for the forms you file, including proof of your US citizenship, proof of your spouse’s nationality, your marriage certificate, proof of the non-fraudulent nature of your relationship, a divorce document if either of you was previously married, your tax returns and other financial documents, your spouse’s most recent Form I-94 (proof of legal entry to the US), a copy of your spouse’s US visa, four passport-style photos (two of you and two of your spouse) and a cover letter (optional), etc.
• Prepare the filing fees ($535 for Form I-130; $1,140 for Form I-485 and $85 for biometrics, for a total of $1,760). You can pay by check, money order or (by filing Form G-1450), credit/debit card.
• Mail the complete application package to the appropriate USCIS address based on your state of residence.
• Wait about two weeks to receive receipt numbers from the USCIS for each of forms I-130, I-130A, and I-485 (and for I-765/I-131 if these forms were submitted).
• Wait about a month after you submit your applications to receive a date and location for your spouse’s biometrics appointment. It will probably take place at a USCIS office near you.
• Your spouse must attend the biometrics appointment. He or she will be fingerprinted and photographed, and certain security and background checks will be undertaken based on this information. Your presence will not be required.  
• Respond to a USCIS Request for Evidence, if you receive one. This document requests missing or additional evidence that is necessary to process the applications. You may not receive one at all, but if you do, it will probably arrive two or three months after the application package is submitted.
• Wait about five months after the applications are submitted to receive approval (or denial) of the work permit and travel permit applications if these were submitted in the first place.
• Wait for the USCIS to send you the date and time for the green card interview at the nearest USCIS office. You must attend this interview together with your spouse, although you may be interviewed separately. The USCIS will inform you of what documentation you need to bring with you to the interview. If your interview is successful, your spouse’s application might be approved immediately. It is also possible that some time will elapse between the interview and the approval.
• Wait two or three weeks for your spouse’s green card to arrive in the mail.
• If you have been married for two years, your spouse’s green card will be marked “IR1”, which means that it is unconditional. If you have been married for less than two years, the green card will be marked “CR1”, which means that it is conditional and it will expire in two years.
• Notify the USCIS if your mailing address changes.
• If your spouse’s green card is marked CR1, the USCIS will notify you of another interview that you must attend together with your spouse, to remove the condition on your spouse’s green card. The interview will probably be held not long before your spouse’s green card expires.