Each year, thousands of people from all over the world get their United States green card through marriage to a US citizen or lawful permanent resident (LPR). Greencard processing for spouses of American citizens or lawful permanent residents depends on where the foreign spouse is located at the time of application. If the foreign spouse is living abroad, and the other spouse is in the US, the petitioner must file form I-130 and supporting documents with the USCIS lockbox facility that handles I-130 applications for their place of residence. If the other spouse is living abroad with the foreign spouse, some consular locations will let the petitioner file the application abroad. Once the I-130 is approved by USCIS, the case will be sent to the National Visa Center (NVC) for further processing of forms by both the petition and foreign beneficiary. Once all necessary forms have been completed, the case will be forwarded foreign embassy or consulate so that the immigrant can apply for a visa, attend a medical exam, clear background checks, and attend a consular interview. The process can be quite lengthy and the foreign spouse will likely not be allowed to enter the US while the application is pending. Because wait times for form I-130 are sometimes quite long, a procedure has been put in place whereby the foreign spouse can obtain a temporary visa, called a K3 visa, to come the US to complete the marriage green card process. The K-3 application process begins with the US citizen or LPR filing form I-129f after the I-130 is filed. Once the I-129f is approved, it is sent to the foreign consulate so that the foreign spouse can apply for a K-3 visa. Spouses of US citizens and some lawful permanent residents who are living in the United States may be able to apply for their marriage green card without leaving the US. This adjustment of status (AOS) process allows the foreign spouse to live and work in America while their greencard application is pending. In addition to filing form I-130, foreign nationals in the United States who wish to obtain their green card though marriage must file form I-485 and the appropriate fees.
We represent clients in US Immigration cases from ALL 50 STATES and AROUND THE WORLD, as most immigration representation can be handled electronically and through the mail. If your case does require the physical presence of an immigration attorney, we are able to come to you, no matter where in the US you are!
