The entire process of trying to get permanent residence predicated on wedding is complicated. Numerous faculty that is international staff, and site site site visitors at Indiana University have actually questions regarding it.
We now have collected a few of the most questions that are frequent have actually supplied helpful responses below. The applying web web page may answer a lot more of the questions you have. We additionally encourage one to e mail us for assistance.
Develop the info below can help you comprehend the basic procedure, however it is not advice that is legal. You may need to consult an immigration lawyer.
The status of one’s fiance or fiancee
What exactly is a fiancйe or fiancй visa?
The K visa allows you to go into the usa to have hitched. The U.S. resident fiancйe or fiancй must register a petition with USCIS. Processing does take approximately 4 to 6 months, and includes an meeting because of the fiancйe or fiancй that is abroad.
My fiancй is US, but he doesn’t have U.S. passport, merely a green card.
He could be perhaps perhaps not a U.S. citizen—he is really a resident that is permanent. He is able to apply before you can even apply for a green card for you to become a permanent resident too, but because of the quota you will have a long wait.
If my fiancй, a permanent resident, is applicable after we get married, can I stay in the United States for me to become a permanent resident?
As long as you’ve got a valid visa that is nonimmigrant the whole waiting period (presently, about 5 years).
We heard that USCIS will ask my spouse to exhibit that she shall constantly help me personally. Why?
The immigration legislation of 1996 has really particular economic needs for folks who submit an application for the card that is green on wedding. You need to show earnings with a minimum of 125 % regarding the poverty that is federal. To get more step-by-step information, begin to see the USCIS pages about Form I-864 and Form I-864P.
Work authorization during processing
May I work while waiting to obtain my green card?
You can easily request work authorization once you make an application for permanent residence.
In the event that you marry a permanent resident and therefore are maybe not entitled to red tube zone make an application for the green card yet, you are able to just work for those who have a nonimmigrant status that enables work authorization.
When you get your green card
If We develop into a permanent resident, do i need to give up my passport?
No, as you shall never be a U.S. citizen. Your citizenship does change n’t. You are able to use to be a U.S. resident once you’ve possessed a green card and have now been hitched up to a U.S. resident for 3 years.
We have heard that the card that is green just short-term. Is the fact that real?
Most of the time, yes. Because wedding is a route that is relatively easy permanent residence, USCIS funds conditional permanent residence for 2 years. After 2 yrs, it is important to register Form I-751 to eliminate the conditions of residence and also to get yourself a permanent card that is green.
When you have been already married for 2 years if you’re interviewed for the initial green card, that card will likely to be permanent.
Travel after marriage
We have heard it might be hard to travel when I have actually married an United states. Is the fact that real?
Yes. May possibly not appear rational, however you need to be very careful about travel in the event that you marry A us or card holder that is green.
If you should be in F, J, or tourist status, you will be anticipated to have a house abroad while the intent to go back here. Once you make an application for a visa stamp at a U.S. embassy or consulate, you must show ties to your residence nation. Wedding to a U.S. resident makes appearing these ties hard, due to the fact presumption is you shall like to immigrate towards the united states of america. In the event that you require a brand new visa stamp to be able to go back to the usa, the reality that the might visa will undoubtedly be rejected is strong—even in the event that you intend to continue as being a full-time student.
Let’s say We have a student that is valid nevertheless in my own passport? May I travel if that’s the case?
For as long if you have married a U.S. citizen as you have a valid visa stamp, will be continuing as a full-time student, and have your I-20 or DS-2019 signed for travel by OIS, you may be able to re-enter the United States even.
Nevertheless, when you yourself have hitched a U.S. resident and filed an I-485 to be a permanent resident, you’ll likely be rejected re-entry in to the usa on your own pupil visa status.
May I go Canada since I have don’t need a visa that is new to come back?
You might have a simpler time going back from Canada. If for example the partner is you may face questions about your plans to remain in the United States with you, however.
Let’s say you want to vacation in my house nation, or there get married?
Unfortuitously, both circumstances have actually the problem that is same. Any come back to the usa after marrying A american raises questions regarding your intent to fundamentally come back to your house country. You could have trouble re-entering the usa in a status that is nonimmigrant wedding to a U.S. citizen.
Can we keep the United States at all after we get married?
You can apply for a green card after you marry a U.S. citizen. While USCIS is processing the job, you can easily submit an application for “advance parole,” gives you authorization traveling. Unless an emergency is had by you situation, USCIS will require 2 to 3 months to process your parole. Then you will be in a position to keep and re-enter the usa without the need to submit an application for a visa that is new.
Should your partner has a card that is green consequently just isn’t a U.S. resident, you’re not qualified to receive advance parole.
My pal ended up being hitched at a courthouse in the us then went house for a ceremony that is big. Just exactly just How had been she able to do that?
That’s a great concern. The civil wedding is the formal one in america. A person who wants to possess a civil ceremony and a spiritual ceremony may have the civil one in the usa and apply when it comes to green card. Then she might get advance parole, travel house when it comes to service that is religious and go back to america.