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.
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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. | |
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:
- Our 10 Essential Tips to a Winning Immigration Case
- Eligibility Requirements and how to meet them
- Explanation of the application process
- Definition of key legal terms
- Detailed explanation of required documents for a successful case
- Translation requirements
- Photo requirements
- Pertinent Immigration Laws
- The most current, and up to date, immigration forms to assure proper filing
- True Line-by-Line instructions for all mandatory and optional forms; not a repetition of the USCIS instructions
- How to calculate the appropriate filing fees
- Sample Cover Letter
- List of mandatory documents to include with your petition
- Explanation of how to prepare and send your package to USCIS
- What to expect after filing
- How to handle common situations that may occur after filing
- Sample Exhibits (i.e., Cover Letter, Sample Employment Letter, Translation Certificate, etc.)
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:
- Is not a "One Size Fits All" iKit and is tailored for a foreign alien spouse marrying a U.S. Citizen.
- Includes value-added Attorney insider practice tips and pointers beyond common knowledge/research available to the public
- Is continually updated when Immigration Law / Procedure changes
- Helps our customers avoid common mistakes
- Eliminates any potential misinterpretation of USCIS instructions
- Empowers and educates you to confidently take control of your immigration goals
There are many benefits in purchasing an iKit, some of which are as follows:
- Pay only a small fraction of the fee that you would have paid for full attorney representation
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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.