How to Sponsor my Fiancé for a Green Card
What is an Immigration Lawyer?
An immigration lawyer assists families in immigration services such as obtaining a green card, U.S. citizenship, or a work visa. Hurtubise Weber Law specializes in U.S. immigration law in San Francisco and San Jose, CA. If you are getting married and have questions about sponsoring your future spouse for a green card in the United States, our attorneys can help.
What Is a Marriage-Based Green Card?
A marriage-based green card is a document that can be issued to a non-citizen spouse of a U.S. citizen. This allows them to live and work in the United States as a permanent resident. After three years of being a permanent resident, the green card holder may be eligible to apply for citizenship. If you are a foreign national married to a U.S. citizen or engaged to be married to a U.S. citizen, contact an immigration lawyer to walk you through the process.
How Do I Know If My Spouse Is Eligible for a Green Card?
There are two types of visas if you are married or engaged to be married to a U.S. citizen. If you are engaged but not yet married, you can obtain a fiancé visa. In order to qualify for a fiancé visa, generally you must meet the following requirements:
Be engaged to marry a U.S citizen
Have met the U.S. citizen in person within the past two years
Be legally eligible to marry
Be residing in another country, not already within the United States
Not be subject to a bar to a fiance visa/green card due to criminal history, immigration history, or some other basis of ineligibility
Documentation will be required for each of these requirements such as documentation of photos together, letters and other communications with each other, and other similar proof.
If you are already married, the requirements are slightly different. If you are a non-citizen married to a U.S. citizen, generally you must meet the following requirements to be eligible for a green card:
Be legally married to the U.S. citizen
Not be married to someone else
Possess documentation to prove that the marriage is “bona fide” - or real - and not just for immigration purposes
Not be subject to a bar to a green card due to criminal history, immigration history, or some other basis of ineligibility
How Do I Obtain a Green Card Once We Are Married?
The steps for applying for a marriage-based green card vary depending on the specifics of your situation, but in general, the process currently takes approximately 18 to 30 months. The steps for filing for your marriage-based green card are:
Establishing the relationship (Form I-130 Petition for Alien Relative)
Applying for a green card (Form I-485 Application to Adjust Status or immigrant visa application)
The costs for filing also vary depending on whether you live in the United States or abroad. Filing fees can range from $1,200 to $1,760. In addition, applicants are required to have a medical examination, which generally costs between $300 to $500.
Grounds of Inadmissibility
There are many circumstances where a non-citizen may be denied admission to the United States. These include:
Drug abusers, traffickers, or addicts
People with communicable diseases, such as tuberculosis, that could be a threat to public health
People with physical or mental disorders that potentially harm themselves or others
Improperly vaccinated people
People with prior criminal arrests or convictions
People with current or past violations of immigration law
Terrorists
People who are likely to need public assistance in the future
In some of the above cases, waivers can be obtained to gain special permission for entry into the United States.
Contact an Immigration Lawyer
If you are a U.S. citizen who is married to or planning to marry a non-citizen of the United States, contacting a law firm like Hurtubise Weber Law that specializes in immigration law is the best way to ensure that the process goes smoothly for you and your spouse. Our offices are conveniently located in San Francisco and San Jose, CA. For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.