Foreign Spouse Overseas?

If the spouse of a US citizen is living overseas, the foreign spouse needs to get a green card visa through the US embassy in his or her country. This process comprises 3 major steps. First, filing a petition at United States Citizenship and Immigration Service (USCIS). Second, filing the affidavit of support at National Visa Center (NVC). Third, the foreign spouse gives an interview at the US embassy in his or her home country. If you and your spouse meet the requirements listed below, we promise that we will charge only $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  You and your spouse are legally married.
• 3  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. Please note that not all criminal histories cause a problem. If you are confused about the nature of the criminal history, email me anyways for a free case evaluation.
• 4  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 requirements above, your foreign spouse is most likely eligible.

Steps to get the Green Card

• 1  You send me an email by clicking the button below with information filled by you for the case evaluation.
• 2  If we find any potential problems with your case during our evaluation, we will let you know. If there are no problems, we promise to we charge only $800 for attorney fee, for which you will receive an invoice and an online contract.
• 3  Once you accept the contract and pay $400 through PayPal your client file is opened.
• 4  We email you a questionnaire and document checklist with important information.
• 5  You and your spouse fill the entire questionnaire online. You scan all documents on the checklist and email them to me.
• 6  After completing the required work we email prepared petitions for you to sign.
• 7  You sign the petitions, and then mail them to our office. You also pay USCIS fee of $420.
• 8  We file the I-130 petition to USCIS within 5 days of receiving your signed petition and USCIS fee.
• 9  You receive receipt notice within 2 weeks after filing.
• 10  You receive the approval notice of the petition within 5 months after.
• 11  We ask you and your spouse to prepare documents based on the checklist given to you for NVC processing.
• 12  Your case is forwarded to NVC in around 2 to 4 weeks. The NVC generates NVC case number, and emails AOS bill and IV bill invoice to me.
• 13  We pay the bills on your behalf, and email you the application for you to sign and mail back to us.
• 14  Once we receive them, we mail your signed petition with its supporting documents to NVC.
• 15  After reviewing your case NVC forwards the case to an embassy in the foreign spouse's home country.
• 16  The embassy in spouse's home country will set up a green card visa interview date, and notify your spouse.
• 17  We email you "Interview Prep. Information Package" once the interview date is decided. We also discuss any potential problems regarding the interview.
• 18  The interview with your spouse is conducted in his/her home country.
• 19  Your spouse receives a green card visa in about 2 weeks of the interview.
• 20  Your spouse enters the US using the green card visa.
• 21  Green card will be sent to your home in the US after 2 or 4 weeks.
• 22  It usually takes 8-10 months after we file the petition.

Fee

USCIS Fee: $420 for a petition, Form I-130.
NVC Fee: $318 ($230 for Immigration Visa, and $88 for Affidavit of Support)
Medical Exam fee: usually $100-$400
Attorney fee: $800
Total fee: $1538 + $100-$400 for a medical exam.
*USCIS fee is subject to change without prior notice.