How to Begin a Green Card Filing By Marriage
Eligibility for a Green Card
If you are a non-citizen who marries a U.S. citizen, you become an immediate relative of your spouse. This means that you may be eligible for a green card , and eventually, U.S. citizenship. If you are living in the United States at the time of your marriage, you may be able to complete the green card application process through adjustment of status here in the U.S.
The Adjustment of Status Application Process
The following forms are all part of the spousal adjustment of the status application process:
Form I-130 – Petition for Alien Relative
Form I-130A – Supplemental Information for Spouse Beneficiary (the beneficiary is the person getting the green card)
Form I-485 – Application for Adjustment of Status
Form I-864 – Affidavit of Support (to accept financial responsibility for the green card applicant)
Form I-765 – Application for Employment Authorization(optional)
Form I-131 – Application for Travel Document (optional)
G-1145 – Application e-Notification/Acceptance of Petition (optional)
If you have an immigration lawyer, they can complete these forms based on your specific circumstances, using their expert knowledge of the law and procedures involved in the application process.
What Documents Do I Need?
If you are applying for a green card through adjustment of status, in general at a minimum you will need the following documentation:
Passport-quality photos of both spouses
Proof of U.S. citizenship for the sponsoring spouse
Proof of the beneficiary’s lawful admission into the U.S.
Marriage certificate and documentation of any prior marriages as well, which meet required guidelines
Evidence of a joint life together
Proof of the U.S. citizen’s ability to provide financial support
Medical examination results for the beneficiary applicant
Documentation of the beneficiary’s birth, which meets the required guidelines
The Interview Process
It can take many months or even years after the application for a green card and adjustment of status is submitted for an interview to be scheduled. In some cases, the interview requirement is waived. If an interview is scheduled, it will involve questions about the marriage, relationship, and the applicant’s immigration status. Some common questions include:
Questions about the relationship history: How you met, where you went on your first date, and the names of your spouse’s parents
Questions about the wedding: Where the wedding took place, who attended the wedding, and where you went on your honeymoon
Immigration questions: Have you ever been denied a visa to enter the United States, have you ever violated your immigration status, have you ever been arrested or convicted of a crime, etc..
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can I Apply for a Green Card After I Marry a Permanent Resident?
What Is a Permanent Resident?
A permanent resident is a non-citizen of the United States who is legally authorized to permanently live and work in the U.S. While a permanent resident is not a citizen, they do benefit from certain privileges under immigration law. These include:
To live permanently in the United States provided no actions are committed that would be considered grounds for deportation
To be legally employed
To be protected by all state, local, and federal laws of the United States
A permanent resident holds a green card, and can sponsor a spouse who is a non-citizen to also become a permanent resident.
How to Apply for a Green Card for My Spouse
If you are a permanent resident of the United States and are married to a foreign national who would like to apply for a green card, the process and its timeline depend on the foreign national’s specific circumstances, and whether you and the foreign national are residing in the United States (and specifically where you are residing) or living abroad.
Two applications are necessary: the Petition for Alien Relative and the application for an immigrant visa or adjustment of status (the “green card” application). If you are both residing in the U.S., then the foreign national may be able to request the green card while remaining in the U.S., which is called adjustment of status. Sometimes the Petition for Alien Relative and the application for adjustment of status may be filed concurrently. If the foreign national is residing abroad, then the Petition for Alien Relative must be filed and approved first, before the green card application may be submitted. In this situation the green card application is called an application for an immigrant visa.
Who Can Use the Adjustment of Status Procedure?
In order to be eligible for adjustment of status as the spouse of a permanent resident, in general you must meet certain criteria. These may include:
You must be “admissible” - not ineligible for a U.S. green card
You must physically reside in the United States in lawful immigration status
You must have legally entered the United States with permission and maintained your lawful status throughout your time in the U.S.
If you do not meet the criteria, some waivers and exceptions may be available. Contact an immigration law firm such as Hurtubise Weber Law in San Francisco or San Jose, CA to check your eligibility and guide you through the process. For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
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.
What Does “Visa Sponsorship” Mean?
Do you have a family member back in your home country that you would love to bring to the United States? Perhaps you’re an employer interested in hiring a foreign national to fill an open job position. Whatever the case, visa sponsorship may be necessary to bring a foreign national into the country. Learn more about visa sponsors before beginning the immigration process.
What is Visa Sponsorship?
Simply put, US visa sponsorship is when an individual or company based in the United States advocates for a foreign national’s entry into the country for the purposes stated in the visa. First, the sponsor submits a petition on behalf of the foreign national. If approved, the foreign national can then apply for the desired visa. There is usually a financial aspect involved with visa sponsorships as well.
Types of Visa Sponsorships
Not every immigrant requires a sponsor. It depends on the countries involved and the purpose of the visit. There are many types of visa sponsorships and many ways to get sponsored.
Family-Based Immigration Sponsorship
Both US citizens and lawful permanent residents can sponsor another family member’s visa. These include:
K-1 visas for fiancés coming to the US for marriage
F-1 visitor visas for students to attend school
B-2 visitor visas for tourism, visiting friends and family, and other leisure activities
Employment-Based Immigration Sponsorship
Most immigrants looking to work in the United States need an official job offer and a US-based employer sponsor. These jobs may be permanent or short-term engagements, and the sponsoring employer generally must pay the immigration costs.
There are many types of employment visas, including:
H-1B visas
Employment-based immigrant visas (green cards)
Treaty work visas for professionals
L transfer employee visas
Quasi-work visas
O-1A visas for extraordinary ability
And more
Self-Sponsorship
Some immigrants can petition themselves for a green card under certain conditions. This group of foreign nationals is extremely limited and includes:
Widows and widowers of US citizens who meet specific requirements
Battered spouses/children who were victims of extreme violence or cruelty from US citizens or lawful permanent residents, and battered parents of US citizens
Special immigrants who meet other requirements, such as being religious workers or special immigrant juveniles
Are you ready to begin the visa sponsorship process? Hurtubise Weber Law LLP can guide you from start to finish to make the immigration process as smooth as possible! Call us today at (415) 496-9040 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
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.
