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Marriage Green Card ProcessThe first step to start the marriage green card process is to contact our office. If you have questions that are not covered here or have some specific concerns, we can arrange a consultation with an attorney to review your file to make sure a marriage green card filing is appropriate. Once we have determined the correct course of action we can begin working on your case. An attorney will send you a list of documents we need to process your case as well as an online questionnaire for you to complete to provide us with your background information. At this point, an attorney will review the entire process in great detail with you so there will be no surprises later on. Before filing your application we must have the foreign national complete a medical examination by a USCIS approved civil surgeon to confirm that the applicant does not have any communicable disease such as HIV or TB and that their shot records are up to date. We must also make sure that the US citizen is financially able to support his or her spouse. The US citizen spouse must show that he or she earns 125% of the poverty line, that he or she has sufficient assets to support his or her spouse or that he or she has a co-sponsor who will support the foreign national if necessary. After the documents are collected and the paperwork is prepared, we will sign the paperwork and file the application with USCIS. After the application is filed, the USCIS will issue filing receipts to both the applicants and the attorney of record. These usually arrive 1-3 weeks after filing. Shortly after the filing receipts are issued, USCIS will request the foreign national appear at a designated application support center close to their residence to have their biometrics taken (photos and fingerprints). These biometrics will be forwarded to the FBI to run a security check against the applicant. Approximately 30-90 days after filing, the USCIS will approve and issue the foreign national a general work permit allowing the applicant to work in any legal capacity as well as a travel document allowing the foreign national to travel internationally prior to the approval of the green card. Approximately 4-11 months after filing, the USCIS will ask the US citizen sponsor and the foreign national to appear at a interview at the local USCIS office. It is at this interview that the USCIS will make the decision to approve or deny the marriage green card. If the foreign national tested positive for HIV or other communicable disease, has a serious criminal record or has broken certain immigration laws, he or she is inadmissible or excludable to the United States. The USCIS interviewing officer will deny the application if the applicant is inadmissible or excludable but may give you the opportunity to apply for a waiver of inadmissibility or waiver of excludability. The USCIS interviewing officer will normally inform the applicant at the interview whether the application will be approved or not. If approved, the applicant will receive a conditional green card if the marriage is less than two years old or a permanent green card if the marriage is older than two years. If the applicant obtains a conditional green card, he or she must later apply for a permanent green card. This is done approximately 17 months after obtaining the conditional green card. Generally , the couple must make this application together though there are some situations where the foreign national may apply by him or herself. Once the permanent green card is approved, it is valid for 10 years and the foreign national is considered a lawful permanent resident (LPR) until such status is revoked. After the foreign national holds permanent resident status for three years, he or she may apply for US citizenship. |
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The Messersmith Law Firm, P.C. |
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