Free Marriage Green Card Book
We Can Help You Get a Green Card For Your Spouse, Quickly and at an Affordable Price.
If you are a U.S. Citizen you may be able to obtain a green card for your spouse. How you will proceed will depend mostly on where your spouse is located. But this area of the law can be complicated, and, if you do not handle your case correctly, your case can be delayed, or worse, denied. It really makes sense to talk to an experienced Immigration Attorney, before you file anything with USCIS, to talk about the best way to handle your case.
We would be happy to talk to you, about your situation, free of charge. Call us at 888-801-6558. Your initial consultation is Free. You do not pay us anything to talk to you about your options.
Why Call Us?
If your spouse is currently in the United States and they entered legally (with inspection) then the process you would go through for him or her is called adjustment of status. (If she entered into the United States illegally then you should speak to an immigration attorney prior to doing anything. There can be serious consequences if you file paperwork with USCIS under these circumstances. Even if your spouse entered the United States legally you should still speak to an immigration attorney to make sure that there is nothing in their past which would cause their case to be denied. The Immigration Attorney can help you plan a course of action.)
USCIS Forms that would be filed for your spouse
I-485 Adjustment of Status
Form G325 (One for you and one for your parent)
I-864 Affidavit of Support (with supporting documentation)
I-765 (Employment authorization)
In addition you will need to provide a medical examination for your spouse (done by a USCIS approved doctor); proof of legal entry into the United States, Financial evidence (your tax returns for the past 3 years, employment letter, bank statements for the past 3 months); and proof that you are a U.S. Citizen (birth certificate, U.S. passport, or Naturalization Certificate)
Fingerprint (biometrics) will be done about halfway through the process. You will be sent a letter which will explain how, where and when the fingerprints will be handled. Make sure to make that appointment.
An interview at the local USCIS office should take place within 4-5 months. If all goes well at the interview a green card should be issued to your Spouse within another 30 days. It can take longer than 30 days. If it does it is usually due to USCIS needing more information to make a decision in your case.
If Your Spouse is Not in the United States
You may also obtain a green card for your spouse if she is living abroad. You should speak to an Immigration Attorney to see if there is anything in your spouse’s past which would cause him or her to have their case denied. If there is anything this should be fixed prior to the case being filed. The case should take between 9-12 months.
First you would file form I-130 with supporting evidence.
A few weeks after filing the case you should receive form I-797C Notice of Action, Receipt Notice. With this receipt number you can track the case online.
If there are problems with your paperwork you could receive a Request for Evidence. This will mean something needs to be corrected or additional evidence is needed. Receiving a Request for Evidence will delay your case. Assuming you resolve the issues in the Request for Evidence the case will then proceed.
USCIS will either approve or deny the petition at that point. You will be notified of its decision. If the case is approved this does not mean that the case is finished. It means that the case will proceed. If the case is approved you will receive form I-797 Notice of Action-Approval Notice.
Once the case is approved USCIS will send the case to the National Visa Center (NVC). The NVC will do a background check on your spouse Once everything clears your case will be sent to the closest consulate to where your spouse resides in order to go through Consular Processing. During this time, among other things, they will go through a medical examination and an interview. If all is successful they will be issued immigrant visas. They can use these visas to come to the United States. When they enter the United States their passport will be stamped. Your spouse will receive his or her green card in the mail shortly after entering the United States.
The Forms to be filed are:
G-325 a (one for you and one for your spouse)
Medical Examination for your Spouse.
You will also need to supply supporting evidence. This includes:
A copy of your birth certificate (which has your name on it and your parent’s name on it)
Evidence showing that you can support your spouse financially if need be (tax returns for the past 3 years, bank statements, employment letter)
A copy of your spouse’s birth certificate
A copy of your spouse’s passport
If all goes well the case should take 9-12 months from start to finish. If you are a Permanent Resident (instead of a U.S. Citizen) it will take longer.
The information above is informational in nature. It is not legal advice. It is also not meant as a substitute for a competent Immigration Attorney. You should always visit with an immigration attorney prior to filing any documentation with USCIS. Failure to do so can have very serious consequences.
Lawrence Gruner is an Immigration Attorney with over 20 years of experience helping clients obtain green cards, fiance visas and U.S. Citizenship. Our office is located in downtown Sacramento. Attorney Gruner would be happy to talk to you, free of charge, about your immigration issues. Our office handles cases thorughout California, the United States and Worldwide. We may be reached at 916-760-7270 or 888-801-6558.