Overview
You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa.
How Does My Foreign Spouse Acquire Permanent Residence?
The Immigration and Nationality Act allows a U.S. citizen to petition the United States Citizenship and Immigration Services (USCIS) for their foreign spouse and any minor children (under 18 at the time you were married) to live permanently in the United States. First, you file a separate marriage petition, application for permanent residence, travel document and work permit and an affidavit of support for the foreign spouse and each child along with required documentation with the USCIS Service Center. The USCIS will issue receipts for each application then schedule your foreign spouse and minor child(ren) to be fingerprinted at the closest USCIS District Office. The USCIS performs a background check on your foreign spouse and minor child(ren). Once the background check is complete and the results are satisfactory, the USCIS schedules you, foreign spouse and minor child(ren) for an interview at the USCIS District Office.
The USCIS approves the application for permanent residence allowing your foreign spouse to live permanently in the United States. The USCIS also approves the application for permanent residence for any minor children (under 18 at the time you were married and under 21 at the time of the issuance of permanent residence). After approval of the application for permanent residence, your foreign spouse and any children will be issued a permanent residence card allowing them to live permanently in the United States.
A review of the facts of the foreign spouse’s specific situation is required to determine whether s/he can file an application for permanent residence in the United States. The permanent residence (based on marriage) process is complicated and time-consuming. We suggest the retention of an experienced immigration attorney well versed in the complexities of the process. The attorneys at CLG can efficiently guide you through each step of the process with the end goal of obtaining permanent residence as quickly as possible.
Requirements
You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa. Is your spouse eligible to apply for permanent residence?
What are the Requirements to Obtain Permanent Residence (Based on Marriage)?
U.S. Citizen
The person filing the petition must be a United States citizen either by birth or naturalization.
Marital Status
You and your spouse are legally married.
Marital Intent
You and your spouse have a genuine relationship and a bona-fide marriage.
Child(ren)
The minor child(ren) must be under 18 at the time you were married and under 21 at the time of the issuance of the permanent residence card.
Admitted to the U.S.
Your foreign spouse and child(ren) must have legally entered the United States. Your foreign spouse and child(ren) may have entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and are currently in the United States legally or overstayed the visa. A review of the facts of the foreign spouse’s specific situation is required.
Financial Support
The person filing the petition must be able to demonstrate that s/he can financially support their foreign spouse and minor child(ren), that they fulfill the minimum financial support requirements or that they have a co-sponsor who does.
Criminal History
Your foreign spouse and children have not committed certain crimes.
Process
You married or will be married to a non-U.S. citizen in the United States (or married outside the United States) and your foreign spouse requires permanent residence. Your foreign spouse entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa.
You think that s/he is eligible to apply but the process seems complicated. For your information, CLG has listed the steps in the process below.
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United States Citizenship and Immigration Services (USCIS) Filing
In order to initiate the process, the petitioner (U.S. citizen) files a Petition for Alien Relative (form I-130) on behalf of the beneficiary (foreign spouse and minor children) with the USCIS Service Center. Along with the marriage petition, the foreign spouse and minor children file an Application for Permanent Residence, Applications for Travel and Work Permits, an Affidavit of Support, completed medical examination and supporting documents with the USCIS Service Center. After the marriage petition and applications are filed, the USCIS Service Center will issue receipt notices for each. The marriage petition, applications and supporting documentation are then forwarded to the USCIS District Office nearest you and your foreign spouse’s and children’s residence.
Timing: Currently, the receipt notices are issued (on average) within 2 weeks of filing.
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Biometrics Appointment
Your foreign spouse and children are sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse and children. After the background check is complete, the USCIS schedules you, your foreign spouse and children for an interview and forwards the marriage petition, applications, medical examination and supporting documents to the USCIS District Office.
Timing: Currently, the biometrics appointment is scheduled (on average) within 1 month of filing.
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USCIS Permanent Residence Interview
At the interview, the USCIS officer will verify that all required documentation has been provided. Second, and more importantly, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence.
Assuming that the application for permanent residence is approved, your foreign spouse and children will receive a lawful permanent resident card by mail. If you and your foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
Timing: Currently, the permanent residence interview is scheduled (on average) within 4 to 12 months of filing. Permanent Residence Cards are issued within 2 weeks of the interview.
Check Fees
All CLG clients are entitled to predictable and transparent fees. Your fixed fee covers all legal services, from our first discussion through to case completion, regardless of the time spent by our attorney. There are absolutely no additional charges for document preparation, emails, telephone calls, consultations, responses to government requests, interview preparation and attendance, issue solving or advocacy and no hidden costs.
In addition to attorney fees, you will also be required to pay the various government filing fees as they become due. All fees are listed below.
USCIS Filing Fees
* The U.S. citizen must file a separate petition on behalf of the spouse and each child.
Application for Travel Document
*Spouse and each child submits an application and pays an application fee.
**Child(ren) less than 14 years of age and applying with a parent pay a a filing fee of $635.
*Child(ren) less than 14 years of age are not fingerprinted.
Medical Examination Fee
Medical Examination
* Fee varies depending on the physician.
*Spouse and each child undergoes a medical examination and pays a medical examination fee.
$300
Legal Services
The CLG fixed fee covers all legal services up to the issuance of the permanent residence card, regardless of the attorney time spent. The following illustrates the typical legal services undertaken by CLG during the immigrant visa process.
Initial Consultation
Fact finding, identification of potential issues, advice regarding your options and explanation of the permanent residence (based on marriage) process and timeline.
USCIS Service Center Processing
Information and Document Collection
Online collection of the U.S. citizen and foreign spouse’s biographic information and the relevant documentation required for filing of the marriage petition and permanent residence application(s).
Information and Document Review
Review of the biographic information and relevant supporting documentation provided by the U.S. citizen and their foreign spouse.
Marriage Petition and Permanent Residence Applications Drafting
Drafting of the marriage petition and permanent residence application(s) and assembly of documentation for the U.S. citizen and foreign spouse’s final review and signatures.
Marriage Petition and Permanent Residence Applications Filing
Filing (by courier) of the marriage petition and permanent residence applications and documentation with USCIS Service Center and acceptance of case receipt notices.
Case Monitoring
Monitoring of the case progress using scheduled online status inquiries and automatic email updates provided by the USCIS Service Center to ensure expeditious processing.
Communication
Responding promptly to USCIS Service Center requests for evidence; making certain that the marriage petition and permanent residence applications are forwarded in a timely manner to the USCIS District Office (local); and that a permanent residence interview is scheduled.
Status Update and Advice
Providing clients with real time updates of changes in case status as well as advice and response to client questions.
USCIS District Office (Local) Processing
Interview Preparation and Attendance
Preparation of the U.S. citizen and foreign spouse for the permanent residence interview including document review, USCIS District Office protocol, sample interview questions to expect and identification and resolution of potential issues. If the clients reside in the Seattle area, a CLG attorney will attend the interview.
Case Monitoring
Continued monitoring of case progress using direct communication with the USCIS District Office to ensure expeditious approval of the permanent residence application.
How to Retain CLG
Free Consultation
If you are seriously considering the permanent residence (based on marriage) process, please schedule a free consultation with a CLG attorney. The consultation consists of fact finding, identification of potential issues, advice regarding options, explanation of the process and timeline and discussion of fees. You may also wish to read “Why CLG?”
Marriage Green Card Timeline
Your foreign spouse requires a green card. You know that s/he is eligible to apply.
What is the Timeline to Apply for and Obtain Permanent Residence?
The issuance of a permanent residence card requires processing by the United States Citizenship and Immigration Services (USCIS). The USCIS processing times can vary depending upon where the petitioner and foreign spouse live in the United States. In general, however, the typical timeline for permanent residence processing is as follows:
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United States Citizenship and Immigration Services (USCIS) Processing
In order to initiate the process, the petitioner (U.S. citizen) files a marriage petition for the foreign spouse and each child. Along with the marriage petition, the foreign spouse and children file an Application for Permanent Residence, Applications for Travel and Work Permits, an Affidavit of Support, completed medical examination and supporting documents with the USCIS. Once the marriage petition and applications are filed, the USCIS issues receipt notices for each to the petitioner, applicant (foreign spouse and children) and attorney. The marriage petition, applications and supporting documentation are then forwarded to the USCIS District Office nearest you and your foreign spouse’s and children’s residence.
Receipt Notices Issued: 2 Weeks from Date of Receipt of Marriage Petition and Applications
Total Time to Process: 2 Weeks from Date of Receipt of Marriage Petition and Applications
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Biometrics Appointment
The USCIS issues your foreign spouse and children a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse and children. After the background check is complete, the USCIS schedules you, your foreign spouse and children for an interview and forwards the marriage petition, applications, medical examination and supporting documents sample documents are listed here to the USCIS District Office.
Biometrics (Fingerprinting) Appointment Scheduled: 1 Month from Date of Receipt of Marriage Petition and Applications
Total Time to Process: 1 Month from Date of Receipt of Marriage Petition and Applications
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USCIS Permanent Residence Interview
At the interview, the USCIS officer will verify that all required documentation has been provided. Second, and more importantly, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence.
Assuming that the USCIS is satisfied, the application for permanent residence is approved and your foreign spouse will receive a lawful permanent resident card by mail. At that time, the USCIS officer will also approve any minor children’s applications for permanent residence. If you and your foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
Interview Scheduled: 4 to 12 Months from Date of Receipt of Marriage Petition and Applications
Permanent Residence Card Issued: 10 Days from Date of Interview
Period of Validity of Permanent Residence Card:2 Years (if married less than 2 years)
10 Years (if married 2 years or more)Total Time to Process: 4 to 12 Months from Date of Receipt of Marriage Petition and Applications
Marriage Green Card FAQs
Please read through our website for detailed information on applying for and obtaining permanent residence based on marriage. You may also wish to try the search utility, or visit the sitemap for quick links to specific content.
Below we have attempted to answer questions frequently asked by both our existing and potential clients. If you cannot find the answer to your question, please do not hesitate to contact us. We will gladly and promptly respond. Remember, every question is important.
FAQs about Attorney Services
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Yes. The immigration regulations do not require a foreign spouse to use the services of an attorney.
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An experienced immigration attorney is well versed in the nuances of the visa process including petition and application preparation, responses to requests for evidence, documentation collection, government communication, consular interviews and advocacy. The attorney can successfully overcome possible issues by providing clients with solid advice based upon education and experience. If you are unsure as to whether you should hire an attorney, you may wish to read our page: Why hire an attorney?
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CLG clients can verify the status of a case online at anytime. At the beginning of the process, CLG clients register with our website by selecting a username and password and creating an individual account. You can verify the status of your case by logging in to the client section of the Choquette Law website. Enter your username (email address) and password into the ‘Login’ box. Once logged in to your account, you can view the status of your case as well as any notices issued by government entities. At all times, your information remains secure and private. Please view our privacy policy.
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FAQs about Entering the United States
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If your foreign spouse married you outside the United States; entered on a non-immigrant visa; and is currently in the United States, it is possible that s/he could remain and a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered on a non-immigrant visa; and is currently in the United States, it is possible that s/he could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered and overstayed the visa; and is currently in the United States, it is possible that s/he could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered on a visa waiver; and is currently in the United States it is possible that s/he could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered on a visa waiver and overstayed; and is currently in the United States, it is possible that they could remain and file a permanent residence application with the USCIS to become a permanent resident. A review of the facts of the spouse’s specific situation is required to make this determination.
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If your foreign spouse married you in the United States; entered illegally without a visa; and is currently in the United States, it is probable that they could not file a permanent residence application with the USCIS to become a permanent resident. Rather, s/he would most likely be required to return to their home country to process an immigrant visa at a United States embassy or consulate. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
FAQs about the Marriage Petition
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A marriage petition is filed by a U.S. citizen or permanent resident on behalf of their foreign spouse with the United States Citizenship and Immigration Services (USCIS). If filed by a U.S. citizen on behalf of a foreign spouse that entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa, then it serves as a basis to obtain permanent residence.
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- The petitioner must be a U.S. citizen or permanent resident.
- You and your spouse must be legally married.
- You and your spouse have a genuine relationship and bona-fide marriage.
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Yes. However, the foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no limit on the number of immigrant visas or permanent residence cards issued to immediate relatives. As such, the wait time for permanent residence for foreign spouses of permanent residents is significantly longer than for foreign spouses of a U.S. citizen.
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Yes. If the petitioner is a U.S. citizen or permanent resident s/he can file a marriage petition on behalf of their same-sex foreign spouse. The eligibility to file a marriage petition for a same-sex foreign spouse and the same-sex foreign spouse’s admissibility as an immigrant will be determined according to the immigration laws applicable to opposite-sex married couples. However, the foreign same-sex spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. As such, the wait time for permanent residence is significantly longer than if the petition is filed by a U.S. citizen.
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Yes. There is no USCIS requirement that the petitioner be employed in order to file a marriage petition. However, in order for the USCIS to issue permanent residence, evidence must be presented that the petitioner is able to financially support a foreign spouse. If the petitioner is unemployed at the time of the USCIS interview, a co-sponsor (a person other than the petitioner) may present evidence demonstrating their ability to financially support the foreign spouse.
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Yes. The petitioner and foreign spouse must be legally married at the time of filing.
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A marriage petition is termed a Petition for Alien Relative (form I-130). At present, the filing fee is $420. We have provided a complete list of fees applicable to the permanent residence (based on marriage) process on our pernmanent residence (based on marriage) fees page (this is a link).
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After the marriage petition is filed, the USCIS will issue a receipt notice. At the interview, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence. Currently, the permanent residence interview is scheduled (on average) within 4 months of filing.
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A marriage petition is valid as long as the persons remain married.
FAQs about the Permanent Residence Process
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A permanent residence application is termed an Application to Register Permanent Residence or Adjust Status (form I-485). At present, the filing fee is $1070. Separate filing fee for child(ren) (under 14 $635) and (14 and over $1070). The fee includes an Application for Travel Document (form I-131), Application for Employment Authorization (form I-765) and a Biometric (Fingerprinting) Fee. We have provided a complete list of fees applicable to the permanent residence (based on marriage) process on our pernmanent residence (based on marriage) fees page.
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Yes. An Application for Travel Document (form I-131) can be filed in the United States by the foreign spouse’s child with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United States while the permanent residence application is pending.
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Yes. An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United States while the permanent residence application is pending.
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Yes. An Application for Employment Authorization (form I-765) can be filed in the United States by the foreign spouse’s child(ren) with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse’s child to work legally in the United States until such time as the permanent residence application is decided. Upon approval of the Application for Employment Authorization (approximately 90 days), the foreign spouse’s child can apply for and receive a social security number and can begin to work legally.
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Yes. An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the United States until such time as the permanent residence application is decided. Upon approval of the Application for Employment Authorization (approximately 90 days), the foreign spouse can apply for and receive a social security number and can begin to work legally.
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If the U.S. citizen and foreign spouse have been married less than 2 years at the time of approval of the permanent residence application, the foreign spouse’s child’s permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. If the U.S. citizen and foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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If you and your spouse have been married less than 2 years at the time of approval of the permanent residence application, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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Assuming approval of the permanent residence application, the foreign spouse’s child will receive the permanent residence card approximately 2 weeks after the interview. If the U.S. citizen and foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the foreign spouse’s child’s permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. If the U.S. citizen and foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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Assuming approval of the permanent residence application, the foreign spouse will receive the permanent residence card approximately 2 weeks after the interview. If you and your foreign spouse have been married less than 2 years at the time of issuance of the immigrant visa, the permanent resident card will be valid for 2 years. This is referred to as a ‘conditional resident’ card. Please note that 90 days prior to the expiration of the permanent resident card, your foreign spouse will be required to file a petition to remove the conditions on residence allowing for the issuance of a ‘new’ permanent resident card (valid for 10 years). If you and your foreign spouse have been married 2 years or more at the time of issuance of the immigrant visa, the permanent resident card will be valid for 10 years.
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After the marriage petition and permanent residence application are filed, the USCIS will issue receipt notices. At the interview, the USCIS officer will question you and your foreign spouse in detail with respect to the specifics of your marriage in order to determine its legitimacy. Further, you and your foreign spouse will be required to provide documentation demonstrating the legitimacy of your marriage. Once the USCIS officer determines that you are lawfully married, s/he will approve the marriage petition. Then the USCIS officer will decide the application for permanent residence. Currently, the permanent residence interview is scheduled (on average) within 4 months of filing.
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The USCIS might deny a permanent residence application a variety of reasons. From an administrative perspective, permanent residence applications can be denied for failing to present requested documents, a divorce decree for example; fraudulently completing documents, criminal history or failing to provide adequate evidence of ability to financially support the foreign spouse.
From a relationship perspective, permanent residence applications can be denied because the USCIS officer is not convinced that a bona-fide marriage exists between the U.S. citizen and their foreign spouse.
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A permanent residence application is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS). The foreign spouse must have entered the United States on a non-immigrant visa (i.e. fiancé(e) visa, visitor visa, student visa, work visa etc.) or visa waiver and is currently in the United States legally or overstayed the visa. The application, if approved, allows the foreign spouse to obtain permanent residence. A review of the facts of the foreign spouse’s specific situation is required to make this determination.
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The foreign spouse is sent a notice to appear at the USCIS District Office in order for biometrics (fingerprints) to be captured. This allows the USCIS to perform a background check of your foreign spouse.
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An Application for Travel Document (form I-131) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Advanced Parole Document to allow the foreign spouse to depart and re-enter the United States while the permanent residence application is pending.
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An Application for Employment Authorization (form I-765) is filed in the United States by the foreign spouse of a U.S. citizen with the United States Citizenship and Immigration Services (USCIS) along with the permanent residence application to request issuance of an Employment Authorization Document (EAD) to allow the foreign spouse to work legally in the United States until such time as the permanent residence application is decided.
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Yes. The U.S. citizen and foreign spouse must be legally married at the time of filing.
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Yes. There is no USCIS requirement that the foreign spouse’s U.S. citizen spouse be employed in order to file a permanent residence. However, in order for the USCIS to issue permanent residence, evidence must be presented that the U.S. citizen spouse is able to financially support a foreign spouse. If the U.S. citizen spouse is unemployed at the time of the USCIS interview, a co-sponsor (a person other than the petitioner) may present evidence demonstrating their ability to financially support the foreign spouse.
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Yes. The eligibility to file a permanent residence application by a same-sex foreign spouse will be determined according to the immigration laws applicable to an opposite-sex spouse. If the same-sex foreign spouse is married to a permanent resident (as opposed to a U.S. citizen) then the same-sex foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.
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The foreign spouse of a permanent resident (as opposed to a U.S. citizen) is not considered an immediate relative. An immediate relative is the spouse, child (unmarried person under 21 years of age) or parent (if a U.S. citizen, must be at least 21 years old) of a U.S. citizen. There is no limit on the number of immigrant visas or permanent residence cards issued to immediate relatives. There is a limit on the number of immigrant visas or permanent residence cards issued to foreign spouses of permanent residents. As such, the wait time for permanent residence for foreign spouses of permanent residents is significantly longer than for foreign spouses of a U.S. citizen.
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Yes. If the spouse is a permanent resident (as opposed to a U.S. citizen) then the foreign spouse can only file the application when an immigrant visa number becomes available. The wait time can be years.
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- The foreign spouse’s child must be physically present in the United States.
- The foreign spouse’s child must have entered the United States legally.
- The foreign spouse was legally married to the U.S. citizen before the child(ren) reach the age of 18.
- The USCIS approves the permanent residence application while the child is under 21 and unmarried.
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- The foreign spouse must be physically present in the United States.
- The foreign spouse must have entered the United States legally.
- You and your foreign spouse must be legally married.
- You and your foreign spouse have a genuine relationship and bona-fide marriage.
FAQs about Types of Residence
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Permanent residence is issued by the USCIS to a foreign spouse who has been married 2 years or more at the time the permanent residence application is approved. The foreign spouse is termed a “permanent resident”. The foreign spouse’s child is also termed a “permanent resident”.
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Conditional residence is issued by the USCIS to a foreign spouse who has been married fewer than 2 years at the time the permanent residence application is approved. The foreign spouse, termed a “conditional resident”, must file a petition with the USCIS to remove the conditions during the 90 day period prior to the expiration of the 2 year resident card. The foreign spouse’s child is also termed a “conditional resident”.