*** However approval is not guaranteed or automatic.
We have successfully filed and got approved many marriage green card cases.
On a daily basis we guide our clients through the current policies and prevent them from making mistakes that cause delays, stress and unnecessary expenses.
“If both the U.S. Citizen and Foreign National Spouse are in the US, a green card can be often be obtained without leaving the U.S. through an Adjustment of Status Petition. This process is commonly referred to as “one-step” as it allows the spouses to file all petitions together in “one-step.”
After the one-step package is filed, the foreign spouse will be notified to go to a local USCIS office for a Biometrics Appointment. You will be fingerprinted during this appointment.
The Department of Homeland Security will then issue the work authorization and permission to travel approximately within 90 days after filing.
In The next step, the Department of Homeland Security will contact you next to schedule an interview. This will be anywhere from 2 months to 4 months after filing the initial application.
The interview is perhaps the most important aspect of this entire process as USCIS scrutinizes the couple to ensure that the marriage is legitimate. Even small inconsistencies and missteps can cause serious issues for couples in these interviews! As a part of our service, we sit down with each couple and spend as much time as necessary to prepare them for the interview. An attorney from ilexlaw may even attend the interview with the couple upon request.
After a successful interview, the foreign national spouse will receive notification classifying him/her as a Permanent Resident. IF the couple has been married for less than 2 years at the time of the filing of the I-130, the foreign spouse will receive a CONDITIONAL Permanent Residency (see below)
The Department of Homeland Security will mail a Lawful or Conditional Permanent Resident Card (Green Card) a month or two after a successful interview.
Within 90 days of the expiration of the Conditional Permanent Resident Green Card, the foreign spouse MUST file Form I-751 to “Remove” the Conditions.
Generally it is expected that in a legitimate, good-faith marriage, that both spouses will sign and file the I-751 together at the time it is filed. The couple must also present additional information demonstrating that their marriage is still intact and in good faith. However, in the event of death, divorce, separation, or where the foreign spouse was abused by the citizen spouse, there may be options available for the foreign spouse to file this form alone.
The procedures for a Lawful Permanent Resident to petition for his or her lawful spouse to receive a Green Card are similar to those for a U.S. Citizen. However, unlike with a U.S. Citizen, an LPR spouse is NOT eligible to immediately get a Green Card. Instead, the spouse must wait until a visa becomes available for them based on his or her priority date.
An LPR begins the process by filing Form I-130. At that time the spouse will receive a priority date. Every month the Department of State publishes a visa bulletin that shows what priority dates are “current” meaning that a visa is available for spouses who filed the I-130 before that date. Once the spouse’s priority date is current, he or she may file for Adjustment of Status or go through consular processing to receive a Green Card.
The foreign born children of your foreign spouse may also be eligible to come to the United States with his or her biological parent. The procedures and priority dates will differ based on the age of the child and the location of the biological parent. Additionally, the marriage between the U.S. citizen and the foreign biological parent mast have taken place prior to the child’s 18th birthday.
If you are a U.S. citizen or LPR whose biological child was born outside of the United States, please contact the attorneys at ilexlaw, pllc to discus immigration benefits for U.S. citizen children born abroad.