July 7, 2023

Green Card through Marriage: A Pathway to Permanent Residency

by Zachary A. Westenhoefer

Understanding the Green Card through Marriage

Obtaining a green card through marriage is a common route for foreign spouses to obtain permanent residency in the United States. The process involves demonstrating the legitimacy of the marital relationship and meeting the eligibility criteria set by the United States Citizenship and Immigration Services (USCIS).

Eligibility Requirements

To be eligible for a green card through marriage, you must meet certain requirements. If you're married to a US citizen, you can generally apply for an immediate relative green card. If you're married to a green card holder, you may fall under the family preference category. In both cases, you must establish the authenticity of the marriage and meet the necessary eligibility criteria.

The Application Process

The application process for a green card through marriage involves several steps. As the petitioner, you'll need to file an immigrant petition on behalf of your spouse. If you're a US citizen, you'll file Form I-130, Petition for Alien Relative. If you're a green card holder, you'll file Form I-130, Petition for Alien Relative, along with Form I-130A, Supplemental Information for Spouse Beneficiary.

Supporting Documentation

Along with the petition, you'll need to submit supporting documentation to establish the authenticity of your marriage. This may include marriage certificates, joint financial records, photographs, affidavits from family and friends, and any other evidence that demonstrates the bona fide nature of your relationship.

Adjustment of Status or Consular Processing

Once the immigrant petition is approved, the next step depends on whether the foreign spouse is already in the United States or residing abroad. If the foreign spouse is in the US, they can apply for Adjustment of Status by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If the foreign spouse is residing abroad, they'll go through consular processing at the US embassy or consulate in their home country.

Interview and Decision

As part of the application process, the foreign spouse will need to attend an interview with USCIS. The interview is designed to verify the authenticity of the marriage and assess the eligibility for a green card. It's important to prepare for the interview by reviewing your application, gathering supporting documentation, and anticipating potential questions.

Conditional Green Card

In certain cases, if the couple has been married for less than two years at the time of the green card approval, the foreign spouse will receive a conditional green card. To remove the conditions and obtain a permanent green card, a joint petition must be filed within the 90-day period before the second anniversary of receiving the conditional green card.

Conclusion

Obtaining a green card through marriage provides a pathway to permanent residency for foreign spouses of US citizens or green card holders. By understanding the process, meeting the eligibility requirements, and preparing a strong application with supporting evidence, couples can navigate the journey toward obtaining permanent residency. Consulting with an experienced immigration attorney can provide invaluable guidance and ensure a smoother process.

Please remember that the information provided in this blog post is for informational purposes only and should not be considered legal advice. For personalized guidance based on your unique circumstances, it's best to consult with a qualified immigration attorney. Feel free to reach out to me with any questions or to set up a free initital consultation.

July 4, 2023

Fiance Visas: Bringing Your Loved One to the United States

by Zachary A. Westenhoefer

Understanding the K-1 Fiancé Visa

The K-1 visa is designed to facilitate the entry of foreign fiancé(e)s of US citizens into the United States. It allows the couple to have a legal wedding ceremony and initiates the process of obtaining permanent residency for the foreign fiancé(e) in the US.

Eligibility and Requirements

To be eligible for a fiancé visa, the petitioner (US citizen) and the foreign fiancé(e) must meet certain requirements. These include having a genuine intention to marry within 90 days of the foreign fiancé(e) entering the US, having met each other in person within the past two years (with limited exceptions), and being legally free to marry.

The Petition Process

The first step in obtaining a fiancé visa is for the US citizen petitioner to file a Petition for Alien Fiancé(e) (Form I-129F) with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship and intention to marry. Once the petition is approved, it is forwarded to the US embassy or consulate in the foreign fiancé(e)'s home country.

Processing at the US Embassy or Consulate

After receiving the approved petition, the US embassy or consulate will notify the foreign fiancé(e) and provide instructions on further steps, including completing the necessary forms, attending a medical examination, and scheduling an interview. The interview is designed to assess the validity of the relationship and the intention to marry.

Entering the United States

Once the visa is approved, the foreign fiancé(e) can enter the United States. It's important to note that the fiancé(e) must marry the US citizen petitioner within 90 days of entry. After the marriage takes place, the foreign spouse can apply for Adjustment of Status to become a lawful permanent resident (green card holder).

Important Considerations

While the fiancé visa process provides an opportunity for couples to be together, it's essential to consider certain factors. These include the financial obligations of the US citizen petitioner, potential challenges during the application process, and the importance of genuine documentation and evidence of the relationship.

The fiancé visa, or K-1 visa, offers a pathway for US citizens to bring their foreign fiancé(e)s to the United States for the purpose of getting married. By understanding the process, meeting the requirements, and considering important factors, couples can navigate the journey of bringing their loved ones to the US. Consulting with an experienced immigration attorney can provide invaluable guidance and ensure a smoother process.

Please remember that the information provided in this blog post is for informational purposes only and should not be considered legal advice. For personalized guidance based on your unique circumstances, it's best to consult with a qualified immigration attorney. Please reach out to me with any questions or if you would like to schedule a free initial consultation.

June 16, 2023

The Importance of Family-Based Immigration: Reuniting with Loved Ones in the US

by Zachary A. Westenhoefer

Introduction

At the heart of the American dream is the value of family. For immigrants in the United States, the ability to reunite with loved ones is of utmost importance. Family-based immigration provides a pathway for families to come together, creating stronger bonds and opportunities. In this blog post, we'll explore the significance of family-based immigration and the options available for reuniting with your family in the US.

Bringing Families Together

Family-based immigration serves as a cornerstone of the US immigration system, recognizing the importance of keeping families united. It allows US citizens and lawful permanent residents (green card holders) to sponsor their immediate relatives and certain family members for immigration benefits.

Immediate Relatives

Immediate relatives of US citizens, including spouses, unmarried children under 21 years old, and parents (if the petitioner is at least 21 years old), are given priority in the family-based immigration system. There are no numerical limitations on the number of immediate relative visas issued each year, which means quicker processing times and a higher likelihood of approval.

Family Preference Categories

Beyond immediate relatives, there are family preference categories that allow US citizens and green card holders to sponsor other eligible family members. These categories include unmarried children over 21 years old, married children of any age, and siblings (if the petitioner is at least 21 years old).

Waiting Times and Visa Availability

While immediate relatives enjoy shorter waiting times, family preference categories may experience longer processing times due to visa availability and annual numerical limitations. The demand for these visas often exceeds the available supply, resulting in waiting lists and longer processing times. It's important to understand the current visa bulletin and consult with an immigration attorney to determine the expected wait times for your specific category.

The Sponsorship Process

Sponsoring a family member involves several steps. As the petitioner, you will need to file a Petition for Alien Relative (Form I-130) with the United States Citizenship and Immigration Services (USCIS). This form establishes the relationship between you and your family member and initiates the sponsorship process. After the petition is approved, your family member will need to complete their own application, undergo background checks, and attend an interview at the US embassy or consulate in their home country.

Exemptions and Waivers

It's important to note that some grounds of inadmissibility, such as certain health conditions or past immigration violations, may create barriers to family-based immigration. However, waivers and exemptions are available in certain circumstances. Consulting with an experienced immigration attorney can help you navigate these complexities and identify the best strategies for overcoming any challenges.

Conclusion

Family-based immigration is a vital aspect of the US immigration system, allowing families to reunite and create new opportunities in the United States. By understanding the options available, the sponsorship process, and the potential challenges, you can better navigate the journey of bringing your loved ones to the US. An experienced immigration attorney can provide guidance tailored to your specific circumstances, ensuring a smoother process and increased chances of success.

Please remember that the information provided in this blog post is for informational purposes only and should not be considered legal advice. For personalized guidance based on your unique circumstances, it's best to consult with a qualified immigration attorney. Please reach out to me with any questions or if you would like to schedule a free initial consultation.