Immigration through marriage: as the holder of a visitor visa to green card by marriage to a citizen

«I am a citizen of the United States. I plan to marry a woman who came to America on a visitor’s visa. I understand that obtaining a green card can take a year or more. If she can stay here until the Service of citizenship and US immigration processes the application?» — interested in Manohar of Deochand of Mamaroneck, new York.

Lawyer and CUNY Citizenship Now Director Allan wernick explains: «Yes. Your fiancee can stay in the U.S. while her application for a green card is being processed, but on the condition that she does not do anything that will make her a target of Immigration and customs enforcement of the United States, for example, does not deal with serious crimes. Plus, when she fills out the application for a green card, she may include a request for the right to employment authorization and permission to travel without an extra fee.

Since your fiance entered the country legally, and she has the right to apply for a green card category for a close relative of a US citizen, she can take the interview for permanent residence in the United States. This process, i.e. the process of replacing their status is called «adjustment of status» or AOS. Immigration and customs police USA usually allows people applying for adjustment of status to remain in the country until their application is considered. This is true regardless of whether the guest has expired the status of a person before or after he applies for AOS. Once the guest status expires, the person is believed to be staying in the country illegally and must leave. However, Immigration and customs enforcement, the US rarely tries to deport someone who expects consideration of the application for AOS.

Marriage to a U.S. citizen is, perhaps, the easiest way to obtain a green card. Assuming of course that the marriage is real. Once you’re married, your wife should send to the Service of citizenship and immigration USA USCIS the following forms:

  • I-130, Petition for Alien Relative;
  • I-130A – Supplemental Information for a Spouse Beneficiary;
  • I-485, Application to Register Permanent Residence or Adjust Status;
  • I-864, Affidavit of Support.

For travel permit while its application is considered, your wife will need to include form I-131, Application for Travel Document. To be eligible for employment form I – 765. Get the form and find out how to fill them in or by calling 1 — 800-870-3676.

Service citizenship and immigration, the U.S. plans to change the fee for registration of documents in the coming months. You will save a few thousand dollars when you are married and filling out paperwork before the entry into force of the new Commission.»