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Alternative Methodologies for Marriage Cases

(Green Card Through Marriage to a U.S. Citizen)

Presented by:

David H. Nachman, Esq.

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Family Based Immigration• A U.S. citizen or Green Card holder can sponsor his or her close family

members for Lawful Permanent Residence.

• Immediate relatives are spouses of U.S. citizens, unmarried children of U.S. citizens and parents of U.S. citizens. There is no quota.Spouses of U.S. citizens. (the fastest way to a Green Card.) Minor children (under age 21) of U.S. citizens. Parents of U.S. citizens (petitioner must be at least 21 years old). Spouses of deceased U.S. citizens who were married at least two

years prior to their U.S. citizen spouse’s death and who file within two years of the death anniversary of the spouse and while still unmarried.

A child bor n after the issuance of an immediate relative visa, but before the visa is used to apply for admission to the U.S.

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The Family Preference System• The Family Preference (or quota) System allows (1) Adult

children and brothers and sisters of U.S. citizens; and (2) Spouses and unmarried children of Green Card Holders into the U.S.First Preference. Unmarried adult children (21+ years) of

U.S. Citizens.Second Preference (2A). Spouses and minor children of

Green Card holders.Second Preference (2B). Unmarried adult children of Green

Card holders.Third Preference. Married adult children of U.S. Citizens.Fourth Preference. Brothers and Sisters of U.S. Citizens.

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Ways to Obtain a Green Card Through Marriage To a U.S. Citizen

K-3 Nonimmigrant Visa - Marriage to a U.S. Citizen

K-1 Nonimmigrant Visa - Fiancé of a U.S. Citizen

I-130 Petition, Marriage to U.S. Citizen and Consular Processing

I-130 Petition and Adjustment of Status (AOS) in the U.S.

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K-3 Nonimmigrant Visa - Marriage to a U.S. Citizen

Case requires foreign national to be married to a U.S. Citizen either in U.S. or abroad.

Marriage must be “bona fide” under laws of jurisdiction where parties were married.

No need to prepare a Affidavit of Support (I-864) which requires U.S. Tax Returns.

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K-3 Nonimmigrant Visa Application Requirements

• “Bona fide” marriage to a U.S. Citizen.

• Filing of Form I-129F, Petition for Alien Fiancé to request K-3 status with the National Benefit Center (NBC).

• NBC send the K-3 to National Visa Center (NVC) and K-3 at Consulate.

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K-3 Nonimmigrant Visa Application Processing, U.S. Consulate, Bangkok

Nuances of Consular Processing at the U.S. Consulate in Bangkok:

Obtain required documents (i.e. passport, birth certificate, evidence of relationship, forms, (2) passport sized photos, etc.)

Schedule appointment for interview.

Bring required documents to scheduled appointment.

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K-1 Nonimmigrant Fiancé Visa Requirements

U.S. citizen must have physically been with the foreign national within 1 year of filing. Proof can include:

Flight receiptsHotel receiptsPhotosAffidavitOther testimonial documents

Consulate is lenient on demonstration on nonimmigrant intent since they know that the Fiance intends to immigrate.

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K-1 Nonimmigrant Fiancé Visa Process and Procedure

Form I-129F, Petition for Alien Fiancé filed by U.S. Citizen with NBC (Chicago Lockbox – forwarded to NBC) in the U.S.

Case is approved and the information is sent to the NVC in New Hampshire.

NVC sends the visa to the U.S. Consulate in Bangkok.

Nuances of consular processing at the U.S. Consulate in Bangkok:Obtain required documents (i.e. passport, birth certificate,

evidence of relationship, forms, (2) passport sized photos, medical examination, etc.)

Schedule appointment for interview.Bring required documents to scheduled appointment.

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I-130 Petition by U.S. Citizen for Foreign National and Consular Processing

Requirements: Foreign National Marries U.S. Citizen (can be in the U.S. or abroad).

I-130 Petition to be filed and approved in U.S.

Parties must demonstrate “bona fides” of the marital relationship.

Parties must file I-864, Affidavit of Support with NVC.

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I-130 Petition by U.S. Citizen for Foreign National and Consular Processing

Process and Procedures:

Form I-130 filed with request for Consular Processing with NBC. Processing time varies from 3-6 months.

Upon Form I-130 approval, notification is sent to NVC.

NVC does the following: (1) makes sure there is a visa available; and (2) makes sure the I-864 is completed and is accurate; and (3) sends DS-230 Part 1 to the Applicants or Legal Counsel.

DS-230, Part 1 is prepared and submitted to the NVC so that the interview is scheduled at the U.S. Consulate in Bangkok.

DS-230, Part 2 is brought by Applicants to Consulate for the interview.

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Bona Fides of a Marital Relationship

The “bona fides” of the marital relationship is the key element to the marriage case.

Bona fide documents may include:Photographs of husband/wife together;Love letters with envelopes;Joint tax returns;Joint bank account statements;Lease agreements/mortgage papers;Utility bills addressed to husband/wife; etc.

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I-130 and AOS filed Simultaneously in U.S.

Approximate timeline with USCIS:

• Within 1 week of Filing - Receipt Notices are sent to Applicants.

• Within 2 - 3 weeks - Appointment Notice for the Biometrics/Fingerprints sent to applicant.

• Within 60 - 90 days- Approval Notice for Employment Authorization Document (EAD) and Travel Document (TD) sent to applicant.EAD and TD are Valid for 1 year, allowing WORK and

TRAVEL while the AOS is pending.

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I-130 and AOS filed Simultaneously in U.S.

Within 5 - 6 months - AOS Interview Notice sent to Applicant.

After the AOS Interview - Applicant should receive a temporary stamp, I-551 valid for one year until physical Green Card is sent by the CIS in the mail.

Green Card should be valid for two years if married for less then 2 years on the date of the interview. Then need to do an I-751 90 days before the two year Anniversary.

If you have been married for more then 2 years on the date of the AOS interview then the green card should be valid for 10 years; no need to file Form I-751.

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Questions?

Please feel free to contact our office if you should have any additional questions:

David_Nachman@visaserve.com201-670-0006 ext. 100

http://www.visaserve.com

Thank you.