GREEN CARD THROUGH MARRIAGE

To consult a Marriage Green Card attorney, please call us at (626) 279-5341 or e-mail us at info@bccvisalaw.com. An attorney in our office would be happy to assist you.

How Does My Spouse (Husband or Wife) Get an Immigrant Visa?

The first step is to file an immigrant petition for the foreign citizen spouse to immigrate to the United States. The petition is filed with the US Citizenship and Immigration Services (USCIS, formerly INS) Service Center in the United States that serves the area where the US citizen petitioner lives. To find out which Service Center has jurisdiction over the US citizen spouse's place of residence click here. Sometimes a US citizen living abroad can file an immigrant petition at a US embassy or consulate.

What is a “Spouse”?

A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common law spouses may qualify as spouses for immigration, but only if the laws of the country where the common law marriage occurs recognizes common law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Minimum Age Requirement for the US Citizen Petitioner

There is no minimum age to file an immigrant petition for a spouse for immigration. However, the US citizen petitioner must be at least 18 years old and reside in the US before he or she can sign the Affidavit of Support and this form is required for an immigrant visa for spouses and other relatives of US sponsors.

US Domicile Is Required

The US citizen petitioner must have a domicile (residence) in the United States before an immigrant visa can be issued to his or her spouse. This is because a US domicile is required to file an Affidavit of Support and this form is required for all Spouse of a US Citizen immigration cases.

Applying for an Immigrant Visa

After the USCIS Service Center approves the immigrant petition, it sends the petition to the National Visa Center (NVC) of the US Department of State. The NVC conducts preliminary case processing and then forwards the approved petition to the US embassy or consulate in the country where the foreign citizen spouse resides. An appointment package is sent to the visa applicant. The appointment package gives the applicant an interview date and includes instructions on where to go to have the required medical examination.

Vaccination Requirements

In general, applicants for immigrant visas are required to have all of the following vaccinations:

-Mumps
-Measles
-Rubella
-Polio
-Tetanus and diptheria toxoids
-Pertussis
-Influenza type B
-Hepatitis B
-Varicella
-Pneumococcal

Does a Child Have Derivative Status?

No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his or her parent’s F2 petition. A child is not included in his or her parent's IR petition. A US citizen must file separate immigrant petitions for each of his or her children. If you upgrade a family second preference (F2) petition for your spouse to an IR petition because you became a naturalized US citizen and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so. Remember that children born abroad after a person became a US citizen may qualify for derivative US citizenship.

Termination of All Previous Marriages

US law does not allow polygamy. If either spouse was married before, he or she must show that all previous marriages were terminated before the current marriage. The death and divorce certificates that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final.

What Is Conditional Residence?

If the couple has been married for less than 2 years when the foreign citizen spouse enters the US on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR (conditional resident) visa, not an IR (immediate relative) visa. The couple must apply together to the US Citizenship and Immigration Services (USCIS) to remove the “condition” within the 90 days before the second year anniversary of the foreign citizen spouse’s entry into the US on an immigrant visa. The 2-year anniversary date of entry is the date of expiration on the permanent resident card (green card).

What If the Applicant Is Ineligible for a Visa?

Certain conditions and activities may disqualify the applicant for a visa. Examples of these ineligibilities are:

-Drug trafficking
-Having HIV/AIDS
-Overstaying a previous visa
-Practicing polygamy
-Advocating the overthrow of the government
-Submitting fraudulent documents

If a person is ineligible for an immigrant visa due to one of the above grounds of inadmissibility, a waiver may be available. He or she should seek the advice of an immigration attorney to determine if he or she qualifies for a waiver of inadmissibility.

MARRIAGE REQUIREMENTS IN FOREIGN COUNTRIES

Marriage in China

Marriage in France

Marriage in Hong Kong

Marriage in Indonesia

Marriage in Italy

Marriage in Japan

Marriage in Malaysia

Marriage in Philippines

Marriage in Poland

Marriage in Russia

Marriage in Singapore

Marriage in Spain

Marriage in South Korea

Marriage in Taiwan

Marriage in Thailand

Marriage in Vietnam

IMMIGRATION AND MARRIAGE USA

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