Marriage Residency and Family Residency

• Description
• Who Is Eligible
• Visa Duration
• Renewability
• Family Benefits
• What Documentation Do I Need?
• What Is The Process Like?
• What Are the US Immigration Service Filing Fees?
• What Are The Legal Fees?
• Where Can I Get More Information?

Description

This is the process by which U.S. citizens and permanent residents can request that permanent residency be granted for their immediate family members (parents, children, brothers and sisters), given that they can demonstrate that they can financially support them in the U.S.

Who Is Eligible?

There are two categories of petitions: relatives of U.S. citizens and relatives of legal permanent residents.

Relatives of U.S. Citizens:

US citizens may file petitions on behalf of the following family members:

• Spouse;
• Parents (if citizen is at least 21 years of age);
• Married or unmarried children over 21 years of age and married children under 21 years of age, including stepchildren (unmarried children under 21 years of age are eligible for naturalization without having to go through the residency process); and
• Brothers and Sisters (if citizen is at least 21 years of age).

Estimated wait periods for residency to be available for:

• Spouse: 6-12 months (however, work permit is granted within 0 - 90 days)
• Parent: 6-12 months (however, work permit is granted within 0 - 90 days)
• Children over 21 years of age: 6-7 years
• Married child under 21 years of age: 6 years

Important disclaimer: the above estimates are based on our experience and for informational purposes only. They are subject to change depending on the location and volume of cases handled by a particular US Immigration Service center.

Relatives of Permanent Residents:

Legal permanent residents may file petitions on behalf of the following family members:

• Spouse; and
• Unmarried children (including stepchildren)

The immediate family of the applicant is eligible to obtain permanent residency with all its benefits, at the same time the applicant receives his or her own permanent residency, if they are included in the petition at the time of making the adjustment of status.

If family members at not included in the resident's own petition at the time of filing, then the legal permanent resident must apply separately after receipt of his/her own residency and go through a waiting period before obtaining the green card for the family member.

Estimated wait periods for residency to be available for:

• Spouse: 5 years
• Unmarried child under 21: 5 years
• Unmarried child over 21: 9 years

Important disclaimer: the above estimates are based on our experience and for informational purposes only. They are subject to change depending on the location and volume of cases handled by a particular US Immigration Service center.

Visa Duration

Once permanent residency is approved it will remain valid as long as the person continues to reside the majority of the time in the U.S. and complies with the legal conditions for permanent residency.

Renewability

Residency status never expires as long as you continue to meet the residency eligibility conditions as stated in your residency application. However, the green card (or evidence of permanent residency) expires every 10 years and it is recommended that it be renewed six months before expiration.

Family Benefits

Permanent residency allows all family members to legally live, study and or work in the U.S.

What Documentation Do I Need?

1. Birth Certificate (copy of original and translated if original not in English) for:

• Alien (Beneficiary)
• Citizen or Legal Permanent Resident (Petitioner)

2. Marriage Certificate (if applying for spouse or children) ­ Copy of original and translated if original not in English

3. Copy of Citizen's or Legal Permanent Resident's Tax Returns ­ Last 3 Years

4. Copy of Letter from Citizen's or Legal Permanent Resident's Employer stating:

• Date of hire
• Position held
• Salary

5. Copy of Bank Statements for Joint Bank and other financial Accounts (if applying for spouse)

• Oldest; and
• Most Recent.

6. Passport size photographs on white background

• One photo of Citizen
• 2 photos of Alien

7. Copy of Alien's Passport

8. Copy of Alien's U.S. visa and I-94 Form (if alien already in the U.S.)

What is the Process Like?

There are three different procedures depending upon the status of the petitioner, their relationship with the beneficiary and individual circumstances of the applicants.

Local US Immigration Service office process:

Stage One:

• Prepare and file the appropriate forms and supporting documents with the local US Immigration Service office
  1. Form G-28
  2. Form I-181 (if required by the local US Immigration Service office)
  3. Form I-130
  4. Form I-131
  5. Form G-325-petitioner
  6. Form G-325-beneficiary
  7. Form I-485
  8. Form I-485 A (only if beneficiary requires benefits under the former 245(i) law)
  9. Form I-864 (Petitioner)
  10. Form I-864 (Additional Sponsor if petitioner's income doesn't qualify). This should be accompanied with evidence of citizenship or legal permanent residency
  11. Form I-765
  12. Form IRS-9003
  13. Form I-693 (medical examination by a US Immigration Service approved doctor)
• Obtain an Employment Authorization Document (Work Authorization Card) from the US Immigration Service if desired

Stage Two:

• Appear at the US Immigration Service support center for fingerprints on date scheduled by the US Immigration Service
• Prepare for the US Immigration Service interview if one is required and submit documents in support of the petition to the US Immigration Service
• Appear at the US Immigration Service office for an interview and obtain legal permanent residence (spouses of U.S. citizens get a conditional legal permanent residence if marriage is less than 2 years on date of interview)

Stage Three (for conditional residency only):

• If granted conditional permanent residency the alien must submit an additional petition to the US Immigration Service 90 days prior to the expiration of the conditional residency

• Please remember to contact us 6 months before the expiration of your conditional residency in order to have enough time to preprare this petition. 

The US Immigration Service Center process:

Stage One:

• Prepare and file the appropriate forms and supporting documents with the regional US Immigration Service center
  1. Form G-28
  2. Form I-130
  3. Form G-325-petitioner
  4. Form G-325-beneficiary
  5. Supporting documents
• Obtain approved I-130 petition

Stage Two:

• Wait for green card availability (according to priorities specified in eligibility section)
• When a visa is available file I-485 (adjustment of status) petition with the local US Immigration Service office
  1. Form I-485
  2. Form I-485 A (only if beneficiary did not enter with a valid Visa)
  3. Form I-864 (Petitioner)
  4. Form I-864 (Additional Sponsor if petitioner's income doesn't qualify). This should be accompanied with evidence of citizenship or legal permanent residency
  5. Form I-765
  6. Form I-693 (a medical examination by a US Immigration Service approved doctor)
• Apply for work authorization (Work Authorization Card) if desired
• Appear at the US Immigration Service support center for fingerprints on date scheduled by the US Immigration Service
• Prepare for the US Immigration Service interview if one is required and submit documents in support of the petition to the US Immigration Service
• Appear at the US Immigration Service office for an interview and obtain legal permanent residence (spouses of U.S. citizens get a conditional legal permanent residence if marriage is less than 2 years on date of interview)

Stage Three:

• If granted conditional permanent residency the alien must submit an additional petition to the US Immigration Service 90 days prior to the expiration of the conditional residency

• Please remember to contact us 6 months before the expiration of your conditional residency in order to have enough time to preprare this petition. 

Consular process:

Stage One:

• Prepare and file the appropriate forms and supporting documents with the local US Immigration Service center
  1. Form G-28
  2. Form I-130
  3. Form G-325-petitioner
  4. Form G-325-beneficiary
  5. Supporting documents
• Obtain approved I-130 petition

Stage Two:

• Wait for green card availability (according to priorities specified in eligibility section)
• when a visa is available file I-485 (adjustment of status) petition with appropriate consulate office
  1. Form I-485
  2. Form I-485 A (only if beneficiary did not enter with a valid Visa)
  3. Form I-864 (Petitioner)
  4. Form I-864 (Additional Sponsor if petitioner's income doesn't qualify). This should be accompanied with evidence of citizenship or legal permanent residency
  5. Form I-693 (a medical examination by a US Immigration Service approved doctor)
• Appear at Consulate office for interview and obtain legal permanent residence (spouses of U.S. citizens get a conditional legal permanent residence if marriage is less than 2 years on date of interview)

Note: Consulate offices may have different procedures and requirements depending on country of location.

Stage Three:

• If granted conditional permanent residency the alien must submit an additional petition to the US Immigration Service 90 days prior to the expiration of the conditional residency.

• Please remember to contact us 6 months before the expiration of your conditional residency in order to have enough time to preprare this petition. 

 

What are the BCIS Filling Fees?

Fees for forms (I-130), (I-485), (fingerprints), if applicable penalty fee for (I-485A), and (I-765-if work authorization is desired), and click below links to verify the US Immigration Service fees as these change regularly:

http://www.uscis.gov/forms
http://www.uscis.gov/files/nativedocuments/G-1055.pdf

What are the Legal Fess?

Click here to learn more about our fee structure.
Click here if you would like to come in for a free initial consultation.

Where Can i Get More Information?

Department of State visa services on visas for foreigners married to American citizens:
http://travel.state.gov/visa/immigrants/types/types_1315.html

State Department on fiancée visas:
http://travel.state.gov/visa/immigrants/types/types_2994.html#Applying

Department of State visa services on marriages with Americans outside of the US:
http://travel.state.gov/visa/immigrants/types/types_1315.html

Department of State visa services on family based immigrant visas:
http://www.immigration.gov/graphics/services/residency/family.htm
http://travel.state.gov/family/abduction/Solutions/Solutions_3861.html

The US Immigration Service on the LIFE Act (Legal Immigration Family Equity Act):
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb959 19f35e66 f614
176543f6d1a/?vgnextoid=a32148afcb41e010VgnVCM1000000ecd190aR CRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

The US Immigration Service on 245i benefits:
http://uscis.gov/graphics/services/residency/245doj.htm

Classes of Aliens ineligible to receive U.S. visas:
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

American Embassies and Consulates:
http://usembassy.state.gov/