Green Cards For Spouses Who Are Outside The United States
Are you married to a U.S. citizen or a legal permanent resident who has a green card? If so, you may be able to apply for a marriage-based green card, even if you live outside of the United States. This is known as consular processing – and at Fok Immigration Law, we can help you with it. Our immigration lawyers have more than 25 collective years of experience helping individuals and businesses with the immigration process. If you or your spouse needs a marriage-based green card, we are the team to help you.
How Does Consular Processing Work?
While adjustment of status refers to seeking a green card while living in the U.S., consular processing refers to doing so while living abroad. Consular processing involves two main steps:
- Filing Form I-130, Petition for Alien Relative.
- Filing Form DS-260, Immigrant Visa and Alien Registration Application, online when it is time for the interview at the U.S. Consulate.
One of the biggest benefits of consular processing is that the spouses of U.S. citizens usually do not have to wait for a green card as long as spouses of legal permanent residents. The spouse who is a U.S. citizen can also petition for your minor children to immigrate to the U.S.
Why Hire An Immigration Attorney For Consular Processing?
Hiring a family immigration attorney can greatly enhance your immigration journey. At Fok Immigration Law, we treat you like our only client. Our team, with over 25 years of combined experience, is dedicated to ensuring you understand each requirement and are prepared for the process. We use a flat-fee structure, allowing you to contact us without worrying about minute-by-minute charges. Our offices in San Mateo and San Jose are well-placed to serve the Silicon Valley community.
Questions About Marriage-Based Green Cards Outside The U.S.
What are the requirements for applying for a marriage-based green card?
To qualify for a marriage-based green card, the U.S. citizen or green card holder must file the following documents:
- Form I-130, Petition for Alien Relative
- Form DS-260, Immigrant Visa and Alien Registration Application
Both spouses must also provide proof of their marriage, such as joint bank account statements, lease agreements and photos together. Additionally, the marriage must be legal under U.S. law.
What evidence do I need to demonstrate that our marriage is bona fide?
You should submit documents that show you share a life together. These can include:
- Joint financial statements
- Insurance policies
- Property deeds
- Photographs of your wedding and other significant events
Correspondence and affidavits from friends and relatives can also support your application.
After filing, how soon will the interview take place?
Once USCIS approves your Form I-130, they will send the case to the National Visa Center (NVC). The NVC will facilitate the process of collecting fees and setting up your consulate interview appointment. The timing can vary depending on the caseload of your local USCIS office as well as the U.S. consulate through which you apply.
Are there financial requirements for the U.S. citizen spouse?
Yes. The U.S. citizen must demonstrate the ability to financially support the spouse seeking a green card. This involves meeting at least 125% of the federal poverty guidelines as per the Affidavit of Support (Form I-864).
What if the U.S. citizen’s income is insufficient?
If the U.S. citizen does not meet the income requirements, they may use their assets as an alternative. A joint sponsor who meets the income criteria may also submit an Affidavit of Support on behalf of the beneficiary.
Can the minor children of my spouse immigrate as well?
Yes, the sponsor can include minor children in the green card application. They need to apply for admission under the IR-2 visa category.
How long after receiving my green card can I apply for U.S. citizenship?
You can apply for naturalization three years after obtaining your green card, provided you stay married, live with your U.S. citizen spouse, and meet all other eligibility requirements.
Start The Process With A San Jose Green Card Lawyer
At Fok Immigration Law, our marriage-based green card lawyers in San Jose offer guidance on consular processing for spouses of U.S. citizens or green card holders. To learn about green cards for spouses, please contact our law office today. To schedule a free consultation, please call 408-212-7014 or 650-546-7020 or send us an email.