Green Card For Spouse

Green Card For Spouse

This article will explain how to get a green card for your spouse.

As a U.S. Citizen you may obtain a green card for your spouse.  The procedure you use will be based on where she is located.  If she is in the United States, and she entered the country legally (see below)  then you would go through a process called adjustment of status. That is what this article is about.

If she is outside the United States then you would file a petition for her while she is abroad.  This process should take about 12-14 months.  However, time lines are in a state of flux and can vary.  Either way you should consult with a qualified immigration attorney prior to filing any paperwork with USCIS as you can have serious long-term problems if paperwork is not completed correctly or your case is improperly filed.

The immigrant spouse will need to provide proof of their legal entry into the Unites States.  However, not all legal entries are sufficient to file for lawful permanent residence, for example people who enter on C visas(Crewman visas) are not eligible to adjust status in the United States. (You should speak to a lawyer before filing anything with USCIS to ensure you are not going to have problems with your case.)  In addition, under current law, some illegal entries can either be deemed legal by USCIS or waived via a waiver process.  (These topics are outside the scope of this article.  However, if you entered illegally you should definitely speak to an immigration attorney to learn you rights and remedies.  The discussion is confidential and you should try to see if there is anything that can be done to fix your situation.  Knowledge in this area is power and is very beneficial.   You never know, you may be able to fix your situation now.)
Again, if you did not enter legally you may be still eligible to file for their green card. However, this is a complicated area of immigration law. If  you entered illegally then you should definitely consult with an immigration attorney prior to proceeding with the case.  Failure to do so could lead to removal (deportation) from the United States for 3 to 10 years.

To obtain a green card through marriage you must make sure that you are currently legally married. If you got married outside of the United States you must make sure you followed the laws of that country concerning marriage and that the marriage is legal in that country.  Also, to have a legal marriage your prior marriages must have been terminated prior to your current marriage (divorce, death annulment).  There are a surprising amount of people who believe that a “prior” marriage has been terminated when in fact it has not been terminated.  Generally these people filed for divorce but did not properly finish the divorce process.  If you are not sure your divorce is final you should consult with a family law attorney.

Because you are a U.S. Citizen your spouse will be able to get a green card in the United States quickly.  The process should take only 6-12 months.  Most of our cases process from start to finish within this time.  However, this waiting period seems to be getting longer.  Do not be alarmed if your case takes a bit longer than 6-12 months.

The burden will be on you to prove to USCIS that your marriage is legitimate.  You will need to file the appropriate documents with green card applicationUSCIS and do well at your marriage green card interview.

As a part of the case USCIS will require that the U.S. Citizen prove that he can financially support his spouse.  The U.S. government does not want the immigrant to file for welfare or other pubic benefits.  The U.S. Citizen will need to provide 3 years worth of federal tax returns, a letter from his employer showing that he is currently employed and his current income,  and current bank statements.

If the U.S. Citizen is not currently working the requirement can be met via a co-sponsor or by showing USCIS that you have sufficient assets to meet the requirement.

You should receive a receipt notice from USCIS a few weeks to a month after the case has been filed.  The next step in the process is biometrics.  USCIS is taking your biometrics as part of the security background check it is doing in the case.  About a month before your interview you will receive an interview notice from USCIS explaining the date, time and place of your interview.  You will also be told which documents to bring to your interview.

While the case is pending you will receive a work/travel card. Do not leave the United States while the case is pending if you had been out of status for more than 180 days prior to filing your case as you will not be let back into the country and you will likely not be able to return to the United States for at least 3 years (possibly 10 years).  I strongly suggest you consult with an experienced immigration attorney if you would like to travel outside of the United States while your case is pending.

If all goes well at the interview , the green card for spouse case will be approved and you will receive your green card in the mail in about 30 days. If you are fortunate the wait time can be shorter than 30 days. Congratulations!

This article is general in nature and is not, in any way, intended as a substitute for legal advice.  Immigration laws can and do change. Please do not rely on advice from your well meaning friends and relatives as the stakes are too high.  Always consult with an immigration Attorney prior to filing any documents with USCIS.  Attorney Gruner has almost 25 years of experience handling marriage green card cases, fiance visa cases, and U.S. Citizenship cases.  He would be happy to talk to you, free of charge, about your immigration case.  He may be reached at 888-801-6558 or at attorneygruner@gmail.com

.

 

TELL US ABOUT YOUR CASE

REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

    YOUR PRIVACY IS
    IMPORTANT US

    [recaptcha class:cct_recaptcha]

    • Do Immigration Attorneys Give Free Consultations?

      We receive this question fairly regularly. The answer is, like most things, it depends. Some Immigration Attorneys will provide a 20 or 30 minute consultation to go over your matter for free. The hope is that the attorney will establish a connection with the client, and, if the attorney is able to help, they can […]

    • Marriage Based Green Card for Spouse
    • Fiance Visa Processing Time 2020

      How long does the fiance visa process take in 2020? There are several factors that influence how long a given fiance visa case will take.  These include overall case filings, which country your fiance resides in, and whether the case has been prepared properly. For many years, for most people, the total time it would […]

    • Over 200K DACA Recipients on Covid-19 Front Lines in the U.S

      The Center For American Progress recently had an article titled: “A Demographic Profile of DACA Recipients on the Frontlines of the Coronavirus Response”. The article states that there are over 200,000 DACA recipients who are on the front line helping America in the battle against Covid-19. These workers include medical doctors, nurses, teachers, and workers […]

    • Fiance Visa Interview Most Important Question

      In 2019 fiance visa cases are taking about 10 months to complete. This is the time period needed to go through all 3 stages of the fiance visa process. We have had cases that have gone through all 3 stages in less than 10 months this year but those are outliers. At the end of […]

    • S. Lucas
      TEMPORARY VISA
      img

      Our experience was amazing. The process was smooth. Larry and Jason helped us every step of the way to get my husband’s temporary visa. When I started getting anxiety about how long it takes, what’s the next step or what if’s, I would call either of them and they had no problems giving me answers. Jason went with us to our meeting with immigration, and made us laugh the whole time. He really helped keep me calm as I suffer from anxiety very badly. A year later, I can still call Larry and ask questions about the next step. I’m very thankful I found these guys!!! Highly recommend them!

    • L. Alvarado Jr.
      IMMIGRATION LAW
      img

      I met the love of my life in China. When I was looking for an Immigration attorney to help me get the K1 Visa for my fiance, I was so glad that I found the Law Office Of Lawrence Gruner. Attorney’s Lawrence Gruner and Jason Marachi gave us excellent representation throughout the whole process and got us through the process very quickly and smoothly. It only took six month’s for my fiance to get her K1 Visa and move to the U.S. with me so we could get married and start our lives together. And in another six month’s later, my wife now has her Green Card. I highly recommend this Law Office for your Immigration Law needs.
      Thank you Mr. Gruner and Mr. Marachi!!

    • M. Obregon
      IMMIGRATION LAW
      img

      Lawrence and his legal team are stellar. They provided an affordable solution to our immigration related legal issues. My wife and I turned to Lawrence and his team from friends that also had a successful experience. Simply, we all agree that it was the right choice. Everything was completed as offered and his legal advice as a lawyer and a friend is always there. Thank You!

    SEE ADDITIONAL TESTIMONIALS

    TELL US ABOUT YOUR CASE

    REQUEST YOUR FREE, NO-OBLIGATION CONSULTATION WITH AN ATTORNEY

      YOUR PRIVACY IS
      IMPORTANT US

      [recaptcha class:cct_recaptcha]