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.
How Long Does Getting a Green Card Take?
Are you working on applying for a green card through United States Citizenship and Immigration Services (USCIS)? You may be eager to have your case processed as quickly as possible. However, it may take several months, years, or even a decade to process your green card. The timeline depends on the type of green card you apply for, the location of the processing office, and . Here’s a breakdown of the estimated USCIS processing times.
Family-Based Green Card Processing Time
The estimate for processing family-based green cards varies widely because some have yearly caps. This means if many people apply in a single year, your application will be pushed to the next year or the year after that. Still, here are current estimated processing times:
IR-1/CR-1, Marriage-Based Green Card – No yearly caps, with a wait time of roughly 8 to 17 months
F-1/F-2/F-3/F-4, Family Preference Visas – Yearly caps apply, with processing times of 1 to 10 years
Employment-Based Green Card Processing Time
The US government issues about 140,000 employment-based (EB) green cards per year to different categories of applicants. To give you an idea of the demand, consider that USCIS received 1.2 million applications in 2020—the highest ever in a single year.
Green cards with employer sponsorships may be processed as quickly as one year for EB-1 visas with low demand or around five years for EB-2 and EB-3 visas with very high demand. Certain countries with excessive applicants, including India and China, have backlogs of many years.
Applications are reviewed on a first-come, first-served basis, and errors can slow the process down. Therefore, sponsoring employers should work with a knowledgeable immigration attorney to ensure a smooth process.
At Hurtubise Weber Law LLP, we know applying for a green card can be stressful. That’s why we are here to guide you through the immigration process. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
How Much Does a Green Card Sponsorship Cost a Company?
Are you a US employer looking to sponsor a foreign worker? Every employment-based (EB) visa and green card has different legal requirements and costs. One option is to sponsor an EB green card, also known as a permanent resident card.
Types of Employment-Based Green Cards
EB-1
EB-1A applicants demonstrate extraordinary ability in a specific field. They don’t require employer sponsorship.
EB-1B applicants include outstanding researchers and professors with national acclaim.
EB-1C applicants include executives and managers of foreign companies.
EB-2
The job must require an advanced degree (MBA, PhD, etc).
The employer must attempt to recruit a US citizen or green card holder first.
A candidate can apply without a sponsor if they can show that their employment is in the national interest of the US.
Note that citizens from India and China currently face a four- to nine-year backlog.
EB-3
The job must require a four-year degree or equivalent.
The employer must attempt to recruit a US citizen or green card holder first.
Note that citizens of all countries currently face a backlog, especially those from India (12 years) and China (11 years).
How Much Does an Employer-Sponsored Green Card Cost?
Most US employers sponsor foreign workers through permanent labor certification, commonly known as PERM. The specific costs vary based on the circumstances surrounding the business, the foreign worker, and the job position. Be aware that the employer is required to pay all the costs of the PERM process, including:
Filing fees: Currently, there are no fees associated with filing a PERM application through the Department of Labor (DOL). However, employers must also file Form I-140 with United States Citizenship and Immigration Services (USCIS) for a $700 fee as of 2022.
PERM job advertisements: The employer must pay the advertising costs to post the job opportunity.
Legal fees: Due to the complexities of the PERM process, working with an immigration lawyer is highly recommended. It’s essential that the employer, not the employee, work with an attorney and manage the sponsored application process. Lawyers’ fees vary, but an employer can expect to pay thousands of dollars.
Prevailing wages: US immigration law requires employers to pay foreign workers at or above the prevailing wage for the job position in the area. There are no exceptions to this rule.
An employee’s immediate family members can obtain green cards as derivative beneficiaries, but the employer is not obligated to sponsor them.
Hire an Immigration Lawyer to Begin the Process
For help sponsoring a foreign employee’s permanent residency, please reach out to Hurtubise Weber Law LLP. We can help you successfully navigate the process for the best possible results. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
10 Most Common Reasons for a Green Card Application to be Denied
Each year, United States Citizenship and Immigration Services (USCIS) approves thousands of lawful permanent resident cards, also known as green cards. This allows non-US citizens to live and work in this country permanently. However, a green card may be denied if the applicant is deemed “inadmissible.” Take a closer look at the 10 most common reasons this can happen.
Health: You must pass a medical exam performed by a government-approved doctor. Your application may be denied if you have an infectious disease, aren’t properly vaccinated, are addicted to drugs, or have a medical disorder that threatens the safety of others.
Criminal background: If you have been convicted of certain crimes—including drug trafficking, prostitution, money laundering, or fraud—you could be deemed inadmissible to the US.
Finances: If you have no way to support yourself, your green card could be denied based on the likelihood that you will become a drain on public resources. However, if you are a victim of human trafficking, you may not be treated as inadmissible even if you will likely require government assistance.
Fraud or misrepresentation: Knowingly misrepresenting the facts when applying for permanent residency—such as claiming false employment or listing the wrong address—may cause USCIS to deny your application.
Prior unlawful presence: USCIS will review your past immigration history to determine if you have ever entered the country unlawfully, overstayed a visa, or been deported. While these are not automatic grounds for denying an application, you may need a skilled lawyer to make your case.
National security concerns: Your visa application will likely be denied if you are currently or formerly affiliated with a terrorist group, criminal organization, or totalitarian party.
Lack of evidence: In the case of family-based green cards, your petition may be denied if there’s insufficient evidence to support the relationship between you and your sponsored family member.
Incomplete application: All aspects of a green card application must be submitted together. If any forms, support documents, or filing fees are missing, that could be enough motivation to deny your application.
Missed deadlines: Another reason for having your green card denied is if you miss appointments or interviews needed to complete your application. Submitting documentation past the deadline is also problematic.
Errors in the application process: The strict legality of a permanent resident card leaves no room for error. Misspelling a name or forgetting a birth date could be reason enough for USCIS to deny your application, even if it was an innocent mistake.
Don’t allow something as simple as a missed deadline or typo to cost you your green card! Hurtubise Weber Law can help you complete your application correctly and submit it in a timely manner. Even if you have already been deemed inadmissible, we can assist with filing a waiver or meeting an exception written into immigration law. When you’re ready to begin applying for a green card, please call our San Francisco or San Jose office at (415) 849-1199 or contact us online.
Can You Apply for a Green Card Next Month? Check the February 2022 Visa Bulletin
You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for February 2022 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in February.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is operating fully virtually and is here for you.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
