American trying to obtain green card for fiancé

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emmacat

Registered Users (C)
Hi-

I'm so glad I found this forum! I'm an American engaged to a British Citizen. We are planning to marry in the next couple of months, we've been together for a long time so I'm not worried about having an interview or anything like that. I'm in the process of trying to figure out how to obtain a green card for him. I have been to the US immigration web site and was so confused. One main issue is that his visa has expired. What are the next steps after we marry? Can we file for the green card right away? How long does it take to obtain the green card? Once you recieve the green card can you leave the country or is there a waiting period?

Is it easier or quicker to go through an immigration attorney? What are the costs associated with that?

Thank you for your help-
 
He's in the US and his visa expired, right?
If so, do not have him leave the country. Absolutely not.

You can apply as soon as you have a marriage certificate (usually the same day of the wedding).
There's no predefinite timeline, but if there are no bumps on the road he could get his green card even in 3/4 months, depending on the District Office.

Until then he can't leave the country. Tecnically he could as soon as he receives his AP (I-131 form), but his overstay doesn't guarantee a re-entry (actually it's pretty much discouraged to do so).

He could travel out of the US as soon as he has his GC (or I-551 stamp on his passport) though.
 
What are the next steps after we marry?

After you get the marriage license (he also has to have his birth certificate), you will file the following forms:

I-130 and AOS package

Form I-765 Authorization for Employment - you don't have to file this one if he won't work while he is waiting for his GC. However, if he wants SSN, he'll need to file this form and get his work permit first.

Supplement A to Form I-485 - he does not need that

Can we file for the green card right away?

yes

How long does it take to obtain the green card?
depends on where you live - from a couple of months to a year+

Once you recieve the green card can you leave the country or is there a waiting period?

yes, he can leave the US, but he still needs to live here and only travel abroad for short periods of time.

Is it easier or quicker to go through an immigration attorney? What are the costs associated with that?

it's not quicker (an attorney does not have any power over the process speed), and sometimes it's not easier because lawyers sometimes forget to file, forget to notify you of any developments (because they get your mail regarding the case), etc., and they charge you a pretty penny for it.
 
Thank You-Thank You!

I think we all set for getting married we plan on marrying in NYC we live in the NYC metro area. We would like to leave the country and have a formal ceremony abroad, thats why I asked how long it will take for us to leave.

I did see in someone's post about having an interview and showing documentation of a relationship. We currently live together although all the bills are in my name (I lived in the apt by myself first). He does have a bank acct and it is sent to my address. Do we need to once we are married have bills come to both of us? Also I saw that you need to prove your relationship via photos, how many do you think I have plenty.

I will start to look at the forms to fill them out. We fill them out and then send them in or is it something we must file at an immigration office?

Thank you again-I'm sure when I start to review these forms I will have more questions.
 
emmacat said:
Thank You-Thank You!

I think we all set for getting married we plan on marrying in NYC we live in the NYC metro area. We would like to leave the country and have a formal ceremony abroad, thats why I asked how long it will take for us to leave.

I did see in someone's post about having an interview and showing documentation of a relationship. We currently live together although all the bills are in my name (I lived in the apt by myself first). He does have a bank acct and it is sent to my address. Do we need to once we are married have bills come to both of us? Also I saw that you need to prove your relationship via photos, how many do you think I have plenty.

I will start to look at the forms to fill them out. We fill them out and then send them in or is it something we must file at an immigration office?

Thank you again-I'm sure when I start to review these forms I will have more questions.
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Well, you're not married yet so you're not supposed to have joint assets.
Once you're married (I got married at City Hall in Manhattan and 8 days later I had a wedding overseas as well) then you could have as many joint accounts as you want.

If your fiance is out of status you will have to wait for his green card before going overseas for the wedding.
I live in NYC too and my green card got approved in 4 months.
So that's a reasonable timeline, unless you get a RFE, so make sure you send everything accurately.
 
people can have joint accounts, even if they are not married.

Make sure your husband DOES NOT LEAVE the US until he has a GC. Since he overstayed his visa, he will be barred from entering the US for 3-10 years.

All the mailing addresses for the forms in the forms' instructions. Do read them. You will file them altogether in one envelope.
 
LucyMO said:
people can have joint accounts, even if they are not married.
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Yes, but USCIS won't ask you for those.



LucyMO said:
Make sure your husband DOES NOT LEAVE the US until he has a GC. Since he overstayed his visa, he will be barred from entering the US for 3-10 years.
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Absolutely. Don't even bother applying for AP. He could be denied entry if he ever overstayed his visa.
 
I having a tough time with all the acronyms on this site. Is there a glossary for all of the terms?

Absolutely. Don't even bother applying for AP. He could be denied entry if he ever overstayed his visa. -What does AP stand for?

sarrebal-how did you leave 8 days after being married in NYC? Looks like we will be waiting until he gets his GC. :mad:

So that's a reasonable timeline, unless you get a RFE, so make sure you send everything accurately. -what does RFE mean?


I'm going to look at the forms this weekend looks like once we are married I need to fill out the I-130 and he has to fill out the I-485. I need to take a look I'm sure I will have some questions after seeing them.


I really appreciate all your help.
 
emmacat said:
I having a tough time with all the acronyms on this site. Is there a glossary for all of the terms?

Absolutely. Don't even bother applying for AP. He could be denied entry if he ever overstayed his visa. -What does AP stand for?

sarrebal-how did you leave 8 days after being married in NYC? Looks like we will be waiting until he gets his GC. :mad:

So that's a reasonable timeline, unless you get a RFE, so make sure you send everything accurately. -what does RFE mean?


I'm going to look at the forms this weekend looks like once we are married I need to fill out the I-130 and he has to fill out the I-485. I need to take a look I'm sure I will have some questions after seeing them.


I really appreciate all your help.
Click to expand...

AP is Advance Parole. Document which permits the applicant with a pending AOS (adjustment of status) to travel.

I was able to leave because I was on a valid H1B visa (no need for AP in that case) and I did not apply until we came back from honeymoon actually (but I did travel while AOS pending in September).

RFE is Request For Evidence. Basically, if you don't mail any required document, they'll formally ask for it, holding your case.
 
emmacat said:
I'm going to look at the forms this weekend looks like once we are married I need to fill out the I-130 and he has to fill out the I-485. I need to take a look I'm sure I will have some questions after seeing them.
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the forms are not complicated, but you need to be careful and check and recheck everything.

I made a mistake of writing down my husband's birthplace based on his words on our forms. A week before the interview I got his birth certificate ready for the interview - and I discovered that he named the wrong town! the country was the same, thanks for that. No questions were asked at the interview, the officer didn't need his birth certificate, but still that caused quite a lot of stress for me. :)
 
Questions about the I-130 form, I started to fill this out today and I have some questions with my fiance's section .The questions are regarding the arrival/departure date and the date that the authorization expired (this is the visa right?). I'm really nervous b/c of his expired visa. How do I handle this section? I not sure when the date of the visa expired but I know it's been expired for awhile. This goes back to my question regarding his status. Since he is here and his visa expired is he applying for an adjustment in status?

Also, under the relative section-do I put his address here in the US? or do I list his address in the UK. Becuase the next question is where he intends to live in the US and the last address that you lived together. How does this make sense if you are just getting married? (we do live together now)

This form is really tricky.

This is so nerve wracking!
 
emmacat said:
Questions about the I-130 form, I started to fill this out today and I have some questions with my fiance's section .The questions are regarding the arrival/departure date and the date that the authorization expired (this is the visa right?). I'm really nervous b/c of his expired visa. How do I handle this section? I not sure when the date of the visa expired but I know it's been expired for awhile. This goes back to my question regarding his status. Since he is here and his visa expired is he applying for an adjustment in status?

Also, under the relative section-do I put his address here in the US? or do I list his address in the UK. Becuase the next question is where he intends to live in the US and the last address that you lived together. How does this make sense if you are just getting married? (we do live together now)

This form is really tricky.

This is so nerve wracking!
Click to expand...

The date is the one on the I-94 form attached to his passport.
Everytime a foreigner enters the US the IO handwrites a date on the I-94 form. That's the date of expiration of his status. Do not worry if it's expired.
Address: put the address at where the two of you live now. That's his address and he does intend to live in the US because he's applying for permanent residence.

By the way, sign and date the forms after your wedding date. :p
 
Hi There thanks a lot. How much of a problem are we going to have when we file these papers with his being here on an expired visa? When I fill out this paperwork it's going to be apparent that he overstayed.

Has anyone had a similar situation?
 
emmacat said:
Hi There thanks a lot. How much of a problem are we going to have when we file these papers with his being here on an expired visa? When I fill out this paperwork it's going to be apparent that he overstayed.

Has anyone had a similar situation?
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His overstay will be forgiven and it's not gonna be a problem at all.
Marriage to a USC forgives visa overstays (not entries without inspection though).
 
thanks-what does not an entry without inspection mean? I assume if you come through the airport your inspected.

He was just given a new passport all clean (his old one expired). I did check the old one which was returned to us and saw all the stamps from when he entered the country. I didn't see any other paperwork in there.
 
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I'll have to see maybe it was lost-I just went in and checked the passports last night I hadn't spoken to fiance about it. If it was lost/misplaced are we out of luck? The old passport has all of the dates of entry stamped in it.
 
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