Spouse of U.S. Citizen (IR-1/CR-1)

The most requested immigration subject involves the situation where a foreign national wants to marry a United States citizen (USC) while entering the U.S. on either a visitor's visa or visa waiver.  In the majority of these cases, the foreign national wants to stay with his/her future USC  spouse in the U.S. and not have to return to his/her home country in order to obtain an immigrant visa.  For immigration purposes, USCIS will focus on several issues regarding the validity of the marriage, including whether the intent to marry existed prior to or after entering the U.S.  Remember that USCIS presumes that any marriage may be fraudulent.  Both spouses have the burden of proving that their marriage is valid and bona fide.  There are five scenarios that a foreign national must be aware of before choosing to marry to a U.S. Citizen.


Entering the U.S. with a specific intent to marry and then filing for Adjustment of Status
If you are a foreign national interested in marrying a U.S. Citizen, there are a few variables that you must consider before getting married.  The main issue revolves around whether you intend to marry prior to being admitted to / after entering the U.S.  If you had the specific intention of marrying prior to being admitted and then file for adjustment of status, you will encounter the the greatest of problems.  Remember that when entering the U.S. on a visitor visa or visa waiver, your purpose of coming to the U.S. is for a brief visit and to return to your native country prior to the expiration of your authorized stay.  Hence, if you intend to marry a U.S. citizen and then file for adjustment of status, you are not a bona fide visitor for pleasure.  As such, you are impliedly, if not specifically, misrepresenting your true intentions when you apply for entry to the United States.

Entering the U.S. to visit (with no original specific intent to marry) and then deciding to marry and file for Adjustment of Status
In this scenario, the foreign national is coming to the US to visit a friend, and after s/he has been here for awhile, the couple decides to get married and the alien files for adjustment of status.  In this situation, the foreign national is less likely to encounter the problem of the person who entered the US for the specific purpose of marrying and filing for residence.  However, in this situation, the alien should be prepared to show that he or she entered as a bona fide non-immigrant, either with a visa or on a visa waiver, and only decided to marry and file for adjustment after entry to the US.  Naturally, the more time that passes between the entry and the marriage, the easier it will be to prove non-immigrant intent at the time of entry.

Entering the U.S. to marry a US citizen, and then returning to foreign national's country to Consular Process

This situation is perfectly legitimate, but can often cause serious problems to the foreign national. The most obvious problem is that the U.S. Customs and Border Patrol (CBP) officer at the port of entry may not believe that the foreign national will in fact return to his or her country after marrying the USC.  Therefore, what often happens is that the alien is denied entry and must go back to his/her country and have a fiancé(e) visa petition processed on his/her behalf.

Entering the U.S., getting engaged, and then processing a fiancé(e) visa through the consulate

This is a common situation, and is perfectly legitimate.  The foreign national enters the US to visit his or her friend, and then they decide to marry. For various reasons, the foreign national does not wish to marry at this time, and wants to return to his/her country.  In this situation, the USC would file a fiancé(e) petition (Form I-129F) with USCIS.  Once the petition is approved, it is forwarded to the US consulate where the foreign national resides where s/he will apply for a K-1 visa.  Once the foreign national enters the US, s/he must marry the petitioner within 90 days and then file for adjustment of status with the USCIS office that has jurisdiction over the couple’s place of residence in the United States.  See our K-1 visa iKit.

US citizen travels abroad to marry alien, who will apply for an immigrant visa or a K-3 visa at the consulate

In this situation, the USC will travel abroad and marry the foreign national's country of citizenship.  Following the marriage, there are several options available.  The best and fastest is for the USC spouse to file an I-130 petition directly with the US consulate.  The problem is that some consulates do not want to be burdened with these petitions and, consequently, refuse to accept jurisdiction.  Therefore, it is important before making any definite plans, to speak with a consular officer to see whether they would be willing to entertain the I-130 petition.  If they do, then a consular officer will interview the couple and, if satisfied with the bona fides of the marriage, the petition will be approved.  At that point, the foreign national can begin processing the application for an immigrant visa to the United States.

If the consul does not wish to accept jurisdiction of the case, the USC petitioner would have to file the I-130 petition with the Immigration Service Center that has jurisdiction over the place of petitioner’s residence in the US. If the parties are not in a hurry for the alien to come to the US, they can wait for the Service Center to approve the I-130 petition and then forward it to the National Visa Center, and then the US consulate for processing of an immigrant visa.

However, if the foreign national wishes to come to the US more quickly, the USC spouse should also file immigration form I-129F, after filing the I-130 petition.  When this petition is approved, it will be forwarded to the consulate where the foreign national can apply for a K-3 visa.  Once the visa is issued, the foreign national will be permitted to enter the US.  After entry, the foreign national can immediately file for adjustment of status to permanent residence.

Submit your petition and/or application correctly the first time.  Our exclusive iKits save you time, legal fees, eliminate any guesswork, and are prepared by a lawyer listed in the Best Lawyers in America.  For your iKit, click the "Download iKit" button below.



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Green Card for Alien Spouse married to US Citizen - Adjustment of Status

If you lawfully entered the United States and are seeking to Adjust Status in the United States, use this iKit to help you achieve your goal.  This iKit is based on over 35 years of practice in Immigration and Nationality law.

 Download iKit

What's Included?



Our iKits fill the void for individuals who (1) think they are sufficiently knowledgeable to prepare their own applications or petitions; and/or (2) want to avoid the substantial costs that might be associated with having a lawyer prepare the case for them.

Our Immigration iKits are comprehensive all-in-one guides for individuals and businesses seeking US Immigration benefits.  Our iKits provide easy to follow step-by-step instructions on how to submit petitions and applications under US Immigration law and are tailored to specific issues or common situations involving US Visas, Green Cards, US Citizenship, and Deportation.

Our "Permanent Residence through Marriage to a U.S. Citizen" iKit includes the following:
  1. Our 10 Essential Tips to a Winning Immigration Case
  2. Eligibility Requirements and how to meet them
  3. Explanation of the application process
  4. Definition of key legal terms
  5. Detailed explanation of required documents for a successful case
  6. Translation requirements
  7. Photo requirements
  8. Pertinent Immigration Laws
  9. The most current, and up to date, immigration forms to assure proper filing
  10. True Line-by-Line instructions for all mandatory and optional forms; not a repetition of the USCIS instructions
  11. How to calculate the appropriate filing fees
  12. Sample Cover Letter
  13. List of mandatory documents to include with your petition
  14. Explanation of how to prepare and send your package to USCIS
  15. What to expect after filing
  16. How to handle common situations that may occur after filing
  17. Sample Exhibits (i.e., Cover Letter, Sample Employment Letter, Translation Certificate, etc.)

Why Purchase?


The "Permanent Residence through Marriage to a U.S. Citizen" iKit is prepared by a lawyer listed in the Best Lawyers in America and contains exclusive hints and tips that have been obtained through more than 35+ years of legal experience, exclusively in the area of Immigration and Nationality law.  This iKit:

  1. Is not a "One Size Fits All" iKit and is tailored for a foreign alien spouse marrying a U.S. Citizen.
  2. Includes value-added Attorney insider practice tips and pointers beyond common knowledge/research available to the public
  3. Is continually updated when Immigration Law / Procedure changes
  4. Helps our customers avoid common mistakes
  5. Eliminates any potential misinterpretation of USCIS instructions
  6. Empowers and educates you to confidently take control of your immigration goals

iKit Benefits



There are many benefits in purchasing an iKit, some of which are as follows:
  1. Pay only a small fraction of the fee that you would have paid for full attorney representation
  2. Full control over your Immigration case
  3. No appointment with an attorney
  4. Peace of mind knowing that your case was submitted accurately and efficiently the first time

FAQs


Q1.  Why doesn't Immigration Links have a Call Center to complete the forms for me?
First, everyone's situation is unique and there is no "one size fits all" approach when adjusting status.  Second, the iKit competently equips you to handle your case as if an attorney were to prepare your case.  When you follow the instructions in the iKit there will be no confusion as to how to submit your case. 

Q2.  How many pages are in the "
Permanent Residence through Marriage to a U.S. Citizen" iKit?
There are over ninety-five pages in this iKit, forty-nine of which are dedicated exclusively for our true "Line-by-Line" instructions, Application Checklist, sample Cover Letters, and sample Translation document.

Q3.  Can you guarantee that I will receive my Legal Permanent Residence ("Green Card")?

There are no guarantees in life, however, if you read and follow the iKit you will obtain the peace of mind knowing that your application was submitted correctly the first time, which gives you the best chance in presenting your case to USCIS.  Additionally, you must meet the requirements for this immediate relative category. 

Q4.  I read / previously purchased the iKit, but may I have an attorney from ImmigrationLinks.com prepare my case?

Yes, but first, ImmigrationLinks.com offers three additional options beyond our proprietary iKits. 

Option 1
The first option is to purchase our "Forms Review" service, which is exclusively offered to our iKits purchasers where an immigration attorney reviews all forms, and mandatory documents that are to be submitted to USCIS, and the cover letter that you have prepared.  This is a flat fee cost.

Option 2
The second option is for you to purchase our "Forms Preparation" service, where an immigration attorney prepares all necessary forms, the cover letter, and the translation letter (if necessary) after you complete and submit our Immigration Questionnaire.  After receiving the Questionnaire, we will schedule a telephone consultation with you to go over any concerns regarding what was submitted.  Additionally, the attorney will direct you as to what documents you need to collect when submitting your case.  This service is also for a flat fee.

Option 3
The third option is for full attorney representation where an attorney will schedule an initial phone consultation and/or meeting in person (when necessary) to handle your case.  During this consultation, the attorney will proved you with the procedure and costs o handle your case.  If you decide to use our services, the cost of the consultation will be deducted from the total fee.

 
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ImmigrationLinks Qualifications

  1. Spouse of U.S. Citizen
  2. Must have a valid Marriage
  3. Must not have committed certain criminal or immigration law violations (although a waiver may be available)
  4. Must have been admitted or paroled into the United States with certain exceptions (if applying for adjustment of status)