Only spouses of U.S. Citizens are eligible to apply for a green card under this category. People often contact my office asking if the time and place of marriage (inside or outside the U.S.) makes a difference to their spouse’s immigration status and ability to enter/remain in the United States. My answer is an emphatic YES. There are so many factors, including dual intent, processing times, unlawful presence and entering on the wrong visa that can result in denial and removal of the foreign spouse from the United States. When a person is  Consult a competent immigration attorney before embarking on this application process.

Procedure when the spouse is already in the United States and filing for a Green Card via Adjustment of Status:

• The sponsoring spouse files the immigrant petition (I-130) and green card application with DHS. The applicant can also ask for work authorization and permission to travel internationally at this time.
• DHS processes the application. Within a few months, the applicant receives a fingerprint appointment and an order to pick up the work authorization/travel permit.
• DHS schedules an interview at the local DHS office. At the interview, the officer can approve the green card on the spot, ask for additional evidence or hold until the applicant’s security clearance and fingerprints have cleared with the F.B.I.
• If the couple has been married under two years by the time of their DHS interview, the foreign spouse receives a green card that expires after two years. Directly before the two-year anniversary of that interview, both spouses must apply to have the conditions removed and the person will receive a permanent status at that time.  It is very important that this application is timely filed, or the person’s status terminates on the green card expiration date.
• If the couple separates after receiving the two year green card, he or she can still apply for a permanent green card, as long as the marriage was entered into in good faith.

Procedure when the spouse is abroad and filing for a Green Card via Consular Processing:

• The sponsoring spouse files the immigrant petition (I-130) with DHS and requests consular processing for the foreign spouse
• DHS forwards the petition to the National Visa Center for security checks and other processing.
• The NVC forwards the petition to the U.S. Consulate in the spouse’s home country
• The spouse goes to interview and is processed for a green card upon entry to the United States

I have successfully obtained green cards for complex marriage cases, with out of status issues, prior separations and prior marriages to U.S. Citizens.  Additionally, I work carefully with clients to ensure that the case is processed as quickly as possible, all questions are answered and all issues addressed in a clear, consise manner.  Via these efforts, many of my clients, particularly in consular processing cases, are able to save months of valuable time and to be reunited with their spouse much sooner than anticipated.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.