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Posts Tagged ‘green card through marriage’

Foreign nationals who obtained a green card through marriage and came to the US on a K1 visa will be issued a conditional green card that is valid for two years from the date of issue. This residence status will expire as soon as the two-year conditional period ends. After the two year period chances are that you may be deported or removed from the US. To avoid being removed, it is extremely important to file Form I 751, Petition to Remove the Conditions of Residence with the USCIS. The petition should be filed 90 days or less before the conditional residence expires. Once the USCIS approves this petition, the conditional status will be removed and you will receive a Permanent Resident card that has a validity of ten years.

It is always better to file the I 751 petition at the early end of the 90-day period. Likewise, ensure that you do not file this petition before the 90-day period because if you file too early, the USCIS will most likely return your petition.

If you are still married, you can file this petition jointly with your US citizen or permanent resident spouse through whom you obtained the conditional permanent status. If you have dependent children (on a K-2 visa) who got conditional permanent status when you did and they did enter the US within 90-days of your arrival, you have to add their names in your petition. On the other hand, if your children got their conditional status ninety days after you obtained or adjusted your status, they have to file the I 751 petition separately to remove the conditions. The same rule applies even if the conditional permanent parent dies.

There are options to apply for a waiver for joint filing under circumstances where your spouse died or your marriage ended because of divorce or annulment. You have to prove that you got married with honesty and good intentions. Apart from this, you can also get a waiver of joint filing if you can prove that you got married in good faith and have remained married, but have been battered or subjected to extreme cruelty by your US citizen or permanent resident spouse or if the termination of your status would result in extreme hardship.

While requesting a waiver for joint filing, you should have adequate proof to support your request. Divorce decree copies or police, court or medical proof that you were abused or a death certificate showing that your spouse died are few of the important documents required as proof.

While mailing your application package, make sure it includes a completed and signed Form I-751 and also a copy of your Conditional Green Card. In addition, you should also include two passport-style photographs for you and children applying with you. Apart from these, two completed fingerprint cards (Form FD-258) for you and any children applying with you and adequate proof that the marriage is a bonafide one and that it was entered in honesty and in good faith should also be a part of the application application. Not to forget the submission fees.

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If you are an American citizen, you can bring your foreign spouse (husband or wife) to live in the United States through two ways. One is through the Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) – Here an immigrant Petition for Alien Relative, Form I-130 is required. Non immigrant visa for spouse (K-3) is another way. In such a case, Form 1-130, Petition for Alien Relative and Form I-129 F,Petition for Alien Fiance(e) are needed.

The application for the K-3 ,non immigrant visa for spouse who married a U.S. citizen should be made and the visa issued in the country where the marriage was held. After the visa processing and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

As a lawful permanent resident (LPR), you can also bring your spouse and children to the United States. One ways is through the Immigrant visa (F2A) which is the family second preference immigrant visa for your spouse and children. And also through the Non immigrant (V) visa – for your spouse and children to travel to the United States to wait for processing of the immigrant visa.

The Petitioner would file the “Petition for Alien Relative” (Form I-130 and Biographical Data Sheet) with the USCIS. The application is processed by the USCIS and forwarded to the National Visa Center, which then forwards the application to the US Consulate in the country of residence of the alien spouse, or as indicated by the Petitioner on application form I-130. The consulate will contact the alien spouse to schedule an interview. The US consulate or embassy may request additional documentation from the alien spouse to be presented at the time of the interview. Upon approval, the consular officer will issue an entry visa for the spouse. Once the spouse has entered the USA, the spouse should file an Application for Adjustment of Status with the USCIS.

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