Foreign Spouse in the US?
A US citizen married a foreign spouse who is already in the US has to follow a relatively simple procedure to get the spouse's green card by filing the application at United States Citizenship and Immigration Services(USCIS). The process usually takes 4 to 6 months. If you and your spouse meet the requirements listed below, we promise that we will charge only a $800 attorney fee.
Features of Marriage Green Card
- 1 A spouse of a US citizen is an immediate relative who can apply for a green card based on the marriage. An unmarried child of a US citizen who is under the age of 21 is also an immediate relative who can apply for a green card based on the familiar relationship to the US citizen. Parents of a US citizen, if the US citizen is older than 21, can apply for their own green card based on the relationship to their son/daughter.
- 2 A test for a fraudulent marriage is whether a bride and groom intend to establish life together at the time of marriage.
- 3 USCIS has a number of fraud indicators ranging from extreme nervousness, over interaction, late for interview, answers prompted by attorney, evasive or general answers, over-submission of documents, staged photographs, short time between entry and marriage, unusual marriage history, and etc.
- 4 Many people are surprised to know that USCIS would tear a family apart if one of family members is inadmissible. Our law office thoroughly checks client’s possibile inadmissibility as well as eligibility.
- 5 Same sex couples are not recognized under current immigration law. Transgender marriage, however, is recognized.
- 6 USCIS can forgive the failure to maintain status in certain limited circumstances. Marrying a US citizen is one of them. Please talk to a lawyer first to make sure this exception applies to your case.
- 7 “Entering the US legally” means that (1) a foreign national entered the US with inspection by Customs and Border Protection (CBP), and (2) she/he did not intend to misuse the visa. For example, if a foreign national had a student visa and entered the US with an intention to marry a US citizen and not study at all, this could mean the foreign national misused the visa.
- 8 The green card may be taken away if a green card holder stays outside of the US too long or commits a certain types of crime. Our law office recommends not to stay outside of the US for more than 6 months without a reentry permit.
Requirements
- 1 You are a US citizen. If you are not a US citizen but a green card holder you are still eligible, just the process will take longer. Please email me your case information for a free case evaluation.
- 2 Your foreign spouse entered the US with inspection. If your spouse crossed the border without any inspection, please email me to find out if this requirement can be waived.
- 3 You and your spouse got married after 60 days of your spouse entering the US. If your spouse entered the US with a K-1 visa, this requirement is waived.
- 4 Your foreign spouse does not have any serious criminal history. If your spouse has any criminal history, please email me with detailed information so I can assess whether it is a potential problem. Rest assured that not all criminal histories cause a problem. If you are confused about the nature of the criminal hisotry, email me anyways for a free case evaluation.
- 5 Your foreign spouse has not violated any immigration law. If you think your foreign spouse might have violated any immigration law, please email me with detailed information for a free case evaluation.
- If you and your spouse meet all the above requirements, your foreign spouse is most likely eligible for a green card.
Steps to get the Green Card
- 1 You email us your case information for evaluation by clicking the button below.
- 2 If we find any potential problems with your case during our evaluation, we will let you know. If there are no potential problems, we promise to charge only $800 as legal fee, for which you will receive an invoice and online contract.
- 3 Once you accept the contract and pay $300 through PayPal your client file is opened.
- 4 We email a document checklist and questionnaire.
- 5 You and your spouse fill in all the required information online. Then you upload the documents (from the checklist) on our system.
- 6 After completing the required work we email you prepared petitions for you to sign.
- 7 You sign and mail the petition along with prepared evidence to our office. You also pay the remaining attorney fee as well as USCIS fees.
- 8 We file all the applications and supporting documents (including an attorney's cover letter) to USCIS.
- 9 On the day of filing the application, we will email you "After Filing Information Package" which tells you: (1) What happens after filing, (2) What to do if you move within the US, (3) How to check the process, and (4) How to apply for Social Security Number (SSN).
- 10 USCIS mails receipt notices in about 2 weeks.
- 11 About 1 month after filing, you will receive the biometric appointment notice.
- 12 About 2-3 months after filing, you will receive the employment and/or travel authorization documents.
- 13 About 4-6 months after filing, an interview notice will arrive. We email our "Interview Prep. Information Package" and tell you if there are any potential problem with regard to the interview. The Interview Prep. Information Package tells you (1) Why interview?, (2) What items you need to bring along for the interview, (3) What to do before interview, (4) Sample questions from a typical interview with USCIS, and (5) What to do during the interview.
- 14 You and your spouse will have an interview at the local USCIS office in your area.
- 15 You will receive the green card in about 2 weeks once it is approved.
- 16 After approval, we email you our "Approval Information Package" explaining (1) How to maintain a lawful permanent resident status, (2) How to remove the 2-year marriage condition from the green card, (3) How to notify the change of address to USCIS, and (4) How to apply for the citizenship of US.
Fee
USCIS fee: $1,490 ($420 for Form I-130 and $1,070 for Form I-485)
Medical exam fee: $100-$400
Attorney fee: $800
Total fee: $2,290 + $100-$400 for a medical exam
*USCIS fee is subject to change without prior notice.




