Green Cards Through Marriage, Relatives, & Fiancee Visas
For 36 years. our law firm has been uniting couples from the entire planet. You will be happy to know we are aware that you want to be together as rapidly as possible so we rush your case; often ready in 1-2 weeks’ time, making us one of the fastest in the United States. Each case has at least two people assigned to it: the lead attorney (36 years’ experience) and a lead paralegal (27 years’ experience); it may also have a research attorney. In any event, you can always reach your immigration attorney and your paralegal so you are not dependent on one person being available. We know this is hard on you and not a very rapid process as far as the wait is concerned. Our lead attorney has gone through this with his wife and is very aware of what you are going through. We are here for you and will do everything we can to make your case progress as smoothly and rapidly as possible.
Call us now for a free consultation at (619) 677-5727; we handle cases all over the US and the world, with clients in 54 countries. We are open 10-4 Monday through Thursday (Friday is for court). You may call us to understand the system, but some people like to read it, so we have provided some information here for you if you prefer to read:
There are two main categories that either U.S. Citizens or Legal Permanent Residents can petition for relatives to immigrate to the United States: immediate relatives and family preference visas.
Immediate Relative Immigration:
There are an unlimited number of visas for immediate relatives of U.S. Citizens, including:
(what this means is there are no per-country backlogs as there are for people with Green Cards
who are sponsoring their spouse): this is if you are marrying a U.S. citizen
Spouses (IR-1 Visa)
Unmarried children under the age of 21
Parents of U.S. Citizens who are over the age of 21, and
Adopted orphans
What this means is that there is technically no wait for your Green Card, In reality, it takes 10-12 months in 2024 to obtain that Green Card, sometimes longer, sometimes 6 months if you’re lucky. In the meantime, the beneficiary, or recipient, receives work permission and travel permission. Regrettably, these can take 6 months to obtain unless there is an emergency, in which case they can both be expedited. If you want to hurry your case, best to have it prepared by us before you get married so that when you obtain your marriage certificate, simply scan, mail, or fax it to us and we will ship your case out immediately as every day counts when you want to work or travel.
IF YOU ARE MARRYING A GREEN CARD HOLDER:
Family Preference Immigration:
These are cases where the sponsoring party is a Green Card holder or the recipient is over 21
There are a limited number of family-based preference immigration visas allowed on an annual basis. The wait time depends on the relationship with the U.S. Citizen or legal permanent resident, the home country, and the number of petitions that have already been filed in the preference category. The family preference categories are:
First preference (F1): U.S. Citizen’s unmarried adult children
Second preference (F2A and B2B): Legal permanent resident’s spouses and minor children and unmarried adult children
Third preference (F3): U.S. Citizen’s married children
Fourth preference (F4): Siblings of U.S. Citizens over the age of 21
There are two main options for petitioning:
FIANCEE VISAS:
The first of two options is the fiancee visa. If you meet someone in a foreign country and then want to consider a permanent relationship, the easiest thing to do is to file for a fiancee visa. This visa allows the person to enter the U.S. for a 90-day period. You can live together, and if you decide to spend the rest of your lives together, get married within the 90-day period. The foreign person can remain in the United States and apply for a marriage Green Card while in the United States, and then live here permanently. After three years if you remain married, you can apply for U.S. Citizenship. In 2024 the process is taking upwards of 9 months.
GREEN CARD THROUGH MARRIAGE
The second option is that if you meet someone in a foreign country and you know that you would like to marry that person, you can go to their country, or any country other than the United States, and if it is a legally recognized marriage, you can exchange vows and then file for the marriage Green Card while you, the US citizen, are in the United States. You cannot bring the person back with you, something a lot of people do not realize.
EXPANSION ON THE GREEN CARD THROUGH MARRIAGE
1. Let’s say you have a childhood sweetheart and that person lives in a foreign country. You can go there and marry him or her, as stated above, but the paperwork will take 8-12 months to process before the person can return to the United States.
2. The second situation is where the foreign person is on vacation in the United States and meets you. The two of you decide that you will spend the rest of your lives together and get married. In this case, as the foreign person did not enter with the intent of remaining, he or she can remain here while the paperwork is being processed. The key is to file the paperwork before the person’s legal status expires.
The key is this: Under INA Section 2214(b) in the US it is illegal to enter the country with an intent to marry and then file an adjustment of status. Please be aware of this.
WHAT IS THE PROCEDURE?
1. Once the case is filed, in about 6 months the foreign person will receive a work permit and social security card. This allows the person to work wherever they like, as well as open a bank account, obtain a driver’s license, and so on.
2. The person at the same time as the EAD (=work authorization) will receive an “Advance Parole”. This document allows the person to travel and return. (One can always leave the US, it’s returning that’s the hard part). NOTE: People who file their cases without a lawyer often call us because they leave, thinking the Advance Parole will let them back in. Sadly, if they are out of status, they will be trapped. They will now have to wait outside the country for embassy processing, which can easily take 12 months, depending on the country. Even worse, if the person was out of status when they left for 6 months, there will be a 3-year bar imposed, and if they were out of status for a year or more, a 10-year bar will be endured.
We help families from around the world so they can reunite in the United States and create their new futures. We handle most family-based immigration matters including immediate relative petitions, relative visas, fiance(e) visas, and marriage visas. Contact us for a free consultation for other family-based green card applications: (877) 223-4684 From outside the US: (619) 677-5727 from inside the U.S.