Marrying A Citizen Of Nigeria? How To Get A Green Card For Your New Spouse

Nov 5, 2018 Green Card Marriage

green card marriage

Scenario A: Consular Processing

Once the NVC agrees that you have completed all the paperwork needed for the visa, it transfers the visa utility to the US Consulate that processes immigrant visas in your spouse’s home country. If your spouse is exterior of the United States, you’re not eligible for the adjustment of standing course of. Instead, you might be stuck with a two-step course of, submitting for the immigrant visa within the United States after which getting your partner an immigrant visa through consular processing. This implies that each events are required to signal the petition and declare that the marriage was respectable.

Over 100 Years Of Immigration Experience Working For You

In recent months, the wait instances have been growing due to increased workloads at USCIS, and intentional slowing down of processing by the current administration. In the meantime, your partner can receive a short lived work visa to work whereas USCIS processes your software and sets the interview date. How lengthy do I even have to wait after I marry my spouse to use for a green card for her or him?

As soon as you might be married, you possibly can start the wedding-based mostly green card course of. You may also be able to convey your fiancé into the nation on a fiancé visa and marry within the US, however that also has a big processing time. If you married a permanent resident, you’ll be thought of a “choice relative,” also called class “2A.” This means it could possibly easily take several years earlier than you actually get your Green Card. You might be positioned on a ready list before you can start the Green Card utility process.

Even the concept of conditional residency – inexperienced playing cards only issued for two years versus everlasting cards, was created out of Congress’s worry that short-term marriages were just being entered into for the sake of obtaining a green card. If the immigrant and partner don’t take away the condition two years after the inexperienced card is granted by displaying that they are nonetheless residing collectively in a bona fide marriage, then the immigrant dangers losing their inexperienced card standing. fiancée (K3) visa is one way to immigrate through marriage from outside the US. A fiancee visa lets you enter the United States for a 90-day interval of stay. Once you entered, you have ninety days to both marry your partner or depart the US.

Applying for U.S. lawful everlasting residence based on marriage to a citizen or lawful everlasting resident of the U.S. is a commonly used path to a green card. For instance, the chapter about attending the green card interview signifies that it is most probably that the applicant would learn that they are permitted on the end of the interview. We acquired a kind letter on the finish of our green card interview that said that the case was then under a continuance and that we would not be taught the standing of our application for at least 120 days. Based on the expectations set by this e-book, that felt devastating and caused us to assume we might made a mistake in the interview. In our case, we learned by way of email the following day that the green card was permitted, and we received the bodily green card within the mail about a week later.

Doing so would cause your I-485 Application to Adjust Status to Permanent Resident to be deserted and denied. Instead, you will want to file an I-131 Application for Advance Parole and wait for it to be permitted. You can journey upon getting the Advance Parole doc and will travel freely during its validity interval. Next, the accredited immigrant visa petition, kind I130, is transferred to the National Visa Center (NVC) the place you complete the paperwork and doc gathering.

Of course, in case you are already within the US and you seek merely to regulate your status to permanent resident, you don’t need a fiancee visa. All these purposes can be done when the immigrating partner is outside the U.S. One of the primary objectives of the U.S. immigration laws is to reunite families, including married couples.

Citizenship and Immigration Services; subsequently, immigration law permits for U.S. Citizens to petition for sure qualifying family members and members of the family to obtain a green card. If you might be planning to apply for a green card for your spouse or wish to obtain a marriage-based inexperienced card, converse to Kuck Baxter Immigration in Atlanta, Georgia. We can review your case, assist you to submit all documents, prepare you in your interview, and work with you to get your case processed as shortly as attainable. After USCIS receives all paperwork, the next step will be for USCIS (or the consulate) to schedule your interview.

However, in certain conditions, you could possibly apply for a waiver of the joint submitting requirement. This would let you file your Form I-751withoutyour US citizen or lawful everlasting resident spouse. If so, you must know that you’re eligible for a green card based mostly on your marriage to a US citizen or lawful permanent resident.

Again, this is one thing you should handle along with your immigration lawyer. Even after you acquire your inexperienced card, the wedding is presumed to be fraudulent if the marriage is annulled otherwise you break up inside two years after you get your green card. This puts a heavy burden on those with conditional residency who’ve to point out that they married their partner in good faith but the marriage fell apart through the conditional period and never as a result of their fault.