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Immediate Relatives Green Card Application
1. Spouses of U.S. Citizens (Green Card Through Marriage)
2. Unmarried individuals under the age of 21 who have at least one U.S. citizen parent
3. Parents of U.S. citizens, if the U.S. citizen child is over the age of 21 (Green Card for Parents)
1. Family First Preference: Unmarried individuals, any age, who have at least one U.S. citizen parent
2. Family Second Preference: 2A-Spouses and children under 21 years old of green card holders and 2B-unmarried sons and daughters of green card holders who are at least 21 years old
3. Family Third Preference: Married individuals, any age, who have at least one U.S. citizen parent
4. Family Fourth Preference: Sisters and brothers of U.S. citizens, where the U.S. citizen is at least 21 years old.
Conditional Residency and Marriage
Removal of conditional residence status and conversion to unrestricted permanent residence status
Who qualifies for the green card through marriage to a US Citizen:
1. Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver.
2. It is OK if the visa or I-94 has expired.
3. Canadian Citizens are not required to show proof of legal entry.
K-1 Fiance visa (U.S. citizen sponsoring fiancé to come to U.S. for marriage)
What is it?
If you are a U.S. citizen, and you wish to marry a foreigner and bring her to the U.S. to become your wife, then a K-1 visa allows you to bring your fiancée here to get married. The K-1 Visa is sometimes referred to as a “fiancée visa”.
Once your fiancée arrives in the U.S. on the K-1 visa, you have 90 days to get married. Once you get married, your fiancée (now wife!) must apply to the USCIS for her Green Card before the 90 days expires [hence, you have 90 days both to get married, and for your wife to apply for her Green Card]. If you do not get married, then your fiancée must leave the U.S. upon expiration of the 90 days.
There are a number of requirements in order to apply for a K-1 visa for your fiancée:
You must be a U.S. citizen;
You must have met your fiancée in person within the past 2 years;
You and your fiancée must be legally free to marry (i.e. single or divorced);
You and your fiancée must have a serious intention to marry within 90 days of your fiancée’s arrival in the U.S.
You must meet minimum financial requirements.
Marriage Visas CR-1 (U.S. citizen sponsoring married spouse to come to U.S.)
What is it?
Foreign spouses of U.S. citizens, and their children, can come to the United States on a CR-1 (for the spouse) and CR-2 (for the children) visa.
With a CR-1 visa, your wife gets her visa and Green Card all in one process. This saves time and money, and is a big advantage over the old K-3 visa. It takes about 6-8 months to obtain a CR-1 visa.
What are the requirements for me to apply for a CR-1 Visa?
You must be a U.S. citizen (so that your wife qualifies as an immediate relative);
You must be legally married to your wife.
You must meet minimum income requirements; if you do not have adequate income, you can use a joint sponsor.
Apply for citizenship
Naturalization Eligibility Requirements:
Be at least 18 years old at the time of filing application for naturalization.
Be a permanent resident (have a “Green Card”) for at least 5 years.
Show that you have lived for at least 3 months in the state or district where you apply.
Section 245(i) of the Act (8 U.S.C. 1255(i)) allows certain aliens with an immigrant visa immediately available to them to apply to adjust status upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection or does not meet the maintenance of status and authorized employment requirements of section 245(c) of the Act (8 U.S.C. 1255(c)).
United States Citizenship and Immigration Services (USCIS)
U.S. Department of Labor
Department of Homeland Security
U.S. Department of State
Internal Revenue Service (IRS)
American Institute in Taiwan
MY LAW, LLC Immigration Law Firm
1700 Park Street, Suite 203 Naperville IL 60563