How Much Time Does the F3 Family-Based Visa Take?
Are you planning to sponsor a family member for F3 Family-Based Visa? One of the most common questions we receive at Hurtubise Weber Law is how long the F3 visa process takes. Anyone who has gone through the immigration process before knows how confusing and overwhelming it can be, but we're here to help provide some clarity. In this blog post, we'll give you an overview of what to expect and how long you can expect the process to take, so you can plan accordingly.
What is the F3 Visa?
First, let's talk about what the F3 Family-Based Visa is and for whom it is intended. The F3 Family-Based Visa is a family-sponsored immigration visa that allows US citizens to bring their married children, who are over the age of 21, to the United States.
Average Timeframes for Obtaining the F3 Visa
While the F3 Family-Based Visa provides a pathway to permanent residency for your loved ones, the process can take a significant amount of time. The exact waiting period varies based on several factors such as the number of visa applications, the country of origin, and the availability of immigration resources, among others. Estimated processing time currently range between 15 and 25 years. Despite the wait, the F3 Family-Based Visa can offer a valuable opportunity for reuniting with family members and creating new memories together.
The Process for Sponsoring a Family Member for F3 Family-Based Visa
Bringing a family member to the United States through the F3 Family-Based Visa can be a complex process, but ultimately rewarding for both the sponsor and the beneficiary. The process requires careful attention to detail, including submitting a Petition for Alien Relative, paying fees, and waiting for a visa number to become available. It's important to understand the eligibility requirements and follow the steps precisely, as mistakes can result in delays or even denial. With patience and the guidance of experienced immigration professionals, sponsors can successfully navigate the F3 Family-Based Visa process and eventually be reunited with their loved ones in the United States. Here are some of the crucial steps:
Filing a Form I-130
The first step in starting the F3 Family-Based Visa process is for the U.S. citizen Petitioner to file Form I-130, Petition for Alien Relative. This petition tells the US government that you want to sponsor your family member for a visa. Current estimates processing time is 8 to 10 years.
After Approval
Once this petition is approved, the National Visa Center (NVC) will begin processing the immigrant visa or “green card” application for the foreign national son or daughter. This is when the foreign national will pay theyour visa application fees, complete a DS-260 application, and submit required documentation. Once an immigrant visa becomes available, the case will then be sent to the U.S. embassy or consulate in the country where the foreign national legally resides.
The Interview Process
The embassy or consulate will schedule an interview for the foreign national to attend. This interview will determine if the foreign national is eligible for a visa. If deemed eligible, the embassy or consulate will issue the visa. The average timeline for this step is generally about 6-12 months.
Work with an Experienced Attorney to Expedite the Process
The F3 Family-Based Visa process can be a lengthy one, so it is important to start the process as soon as possible. It's also important to keep in mind that these timelines are estimates and individual cases may vary, so it's important to work with an experienced immigration attorney who can guide you through the process. At Hurtubise Weber Law, our experienced attorneys are here to help you through every step of the F3 Family-Based Visa process. Contact us today to schedule a consultation and get started.
Can a Grandparent Petition for a Green Card for a Grandchild?
Grandparents share a special bond with their grandchildren. They love each other and create cherished memories that last a lifetime. If you are a grandparent who is a U.S. citizen or lawful permanent resident, you may wonder if you can sponsor your grandchild for a green card. The short answer is that direct sponsorship of a grandchild is not possible under immigration law. However, if you are a U.S. permanent resident then you can sponsor your unmarried child for a green card, and their child (your grandchild) may in some cases be able to be included as a derivative on your petition. The green card process can be complex and confusing. In this blog post, we’ll explore the requirements and limitations of the grandparent-grandchild relationship in sponsoring for a green card.
Deciding Eligibility, Marital Status, and Finances
To sponsor an unmarried child and grandchild for a green card, the grandparent must fulfill certain eligibility criteria set by the United States Citizenship and Immigration Services (USCIS). First and foremost, the grandparent must be a lawful permanent resident of the United States. Secondly, the child must be unmarried, and remain unmarried throughout the green card/immigrant visa process. The grandchild must also be unmarried and remain unmarried throughout the process and must be under the age of 21 at the time the petition is filed. In some cases, the grandchild may “age out” of eligibility for the green card while the application is being processed. If the grandchild turns 21 while the application is still in process, then a formula will used to determine whether the grandchild is still eligible for a green card at the time that one becomes available. The grandparent will also need to prove that they have enough financial resources to support their child and grandchild and that the child is not likely to become a public charge.
Establishing the Relationship
One of the most important aspects of sponsoring a grandchild for a green card is the relationship between the grandparent and child and grandchild. The grandparent must prove a legal relationship with both the child and grandchild. USCIS will scrutinize the relationship to ensure that it meets the eligibility requirements.
Understanding the Limitations
The green card sponsorship process has a few significant limitations. The wait time is one of the most considerable limitations. Processing time varies widely and depends on the backlog of cases, the complexity of the case, and the specific facts of the situation. Currently, the wait time for family-based visas for minor children of lawful permanent residents ranges between around 18 months and decades.
Applying for a Nonimmigrant Visa
One solution to the extended waiting period is for the grandchild to apply for a nonimmigrant visa while waiting for the family-based green card petition to be approved. The grandchild can apply for a tourist visa or a student visa to travel to the U.S. to visit or attend school in the meantime. However, keep in mind that applying for a nonimmigrant visa does not guarantee approval. The grandchild has to demonstrate that they have strong ties to their home country, such as a job, a house, or a family, and that they do not intend to overstay their visa.
Contact an Experienced Immigration Lawyer Today!
Sponsoring a grandchild for a green card can be a complex and lengthy process. However, with the help of skilled immigration attorneys, the green card sponsorship process can be made easier. At Hurtubise Weber Law, we have experienced immigration lawyers who can guide you through the green card sponsorship process for your grandchild. Contact us today to schedule a consultation.
How To Go from a J-1 Visa to a Marriage-Based Green Card
A J-1 Visa is a part of a U.S. Department of State program which gives foreign nationals an opportunity to work, learn, teach, consult, research and more while in the U.S. The exchange visitor program allows an exchange of knowledge and expertise in art, education, and science in person and through experience and relationship.
J-1 Visa to Green Card
If during your stay in J-1 Visa status, you find yourself in love and discussing marriage to a U.S. citizen or permanent resident, you will need to understand the process for transitioning from a J-1 Visa to a green card through adjustment of status. Specific rules for J-1 Visa holders, especially the home residency requirement, affect whether you need to apply from abroad with consular processing or if you can apply from within the United States.
First you must find out whether the two-year “home residency requirement” applies to you. You must look at both your J-1 Visa stamp in your passport and the form DS-2019 that was issued by your sponsoring agency to make that determination. If the requirement does apply, then you must apply for the green card from abroad through the consular process or apply for a waiver of the requirement. If it does not, then you may be ready to start the marriage-based green card adjustment of status process.
Forms required for adjustment of status from a J-1 Visa to a Marriage-Based Green Card
1. Form I-130, Petition for Alien Relative, and Form I-130A, completed by the U.S. Citizen and foreign national
2. Form I-485, Application to Register Permanent Residence or Adjust Status, completed by the foreign national spouse
3. Form I-864, to prove financial ability to sponsor a green card applicant, completed by the U.S. Citizen .
4. Additional forms may apply
At Hurtubise Weber Law, we are here to answer your questions about the immigration processe. Contact us today to achieve all of your immigration goals as stress-free as possible.
Why is it Challenging to Get a Green Card Through Marriage in the USA?
Getting married is an exciting, life changing event! Green cards through marriage to U.S. citizens are common. However, it is important to work through the application process properly to obtain a green card through marriage. Missteps in the process may result in significant, long-term immigration problems.
Green Card Application Process
If the foreign national spouse resides in the U.S., then they may be eligible to complete the process through adjustment of status. Restrictions do apply, and it is important to consult an immigration lawyer before proceeding.
If the foreign national spouse resides outside of the U.S., then the U.S. citizen spouse must first submit an I-130 Petition for Alien Relative on their behalf. Once that is approved, the case will be transferred to the
National Visa Center (NVC). At this stage, you should expect to:
1. Choose an Agent
2. Pay fees
3. Submit an immigrant visa application
4. Submit documents to the NVC
Once the NVC has completed processing, the case will be transferred to the appropriate U.S. embassy or consulate abroad for an interview to be scheduled before an immigration officer.
Potential Issues During the Green Card Process
Immigration law and the green card process are deceptively complex. Therefore, it is important to seek legal assistance to ensure accuracy.
The green card process itself involves submission of lengthy, detailed forms and supporting documentation. Any errors, even seemingly harmless ones, may result in lengthy delays or denial of a green card application.
If the foreign national is in the U.S. and wishes to apply for adjustment of status, in general proof of a lawful entry must be provided. If the foreign national spouse has overstayed their visa, they may still be eligible to adjust status.
Criminal history, including certain arrests, convictions, and suspicion relating to gang or terrorist activity, may be a bar to a green card for the foreign national spouse.
Certain health issues may also be a bar to a green card for the foreign national spouse.
Prior immigration violations or deportation orders may additionally bar the foreign national spouse from receiving a green card.
A waiver may be available if the foreign national spouse is subject to a bar.
Contact Hurtubise Weber Law
Hurtubise Weber Law serves individuals in need of immigration services. Schedule a consultation for help with the processes and enabling a smooth transition for your family.
How do I Become Eligible for a K-1 Visa?
If you are a foreign national and your fiancé is a US citizen, then you may be eligible for a K-1 Visa. A K-1 Visa is a nonimmigrant visa which allows a U.S. citizen’s fiancé to enter the U.S. to get married. Once married in the U.S., they can apply for a marriage-based green card.
Let’s look more deeply into eligibility for a K-1 visas.
How Do I Qualify for a K-1 Visa
You may qualify for a K-1 visa if you are a foreign national who resides outside of the United States, you are legally free to marry, you have met your U.S. citizen partner in person within the past two years, and you are not subject to any ground of inadmissibility for the visa, for example due to past criminal history. Your U.S. citizen fiancé must be able to prove that he or she will be able to support you financially in the U.S.
K1 Visa Eligibility and Requirements
In general, to receive a K-1 fiancé visa, the following must be true:
· Your fiancé be a U.S. citizen and able to provide one of the following documents:
o A current and valid US passport
o A U.S. birth certificate
o A Certificate of Naturalization or Certificate of Citizenship
o A Consular Report of Birth Abroad (CRBA)
· You and your fiancé must be planning to marry within 90 days of arrival in the United States
· You and your fiancé must be legally free to marry in the United States any previous marriages must have been legally terminated by divorce, death, or annulment. You can show proof by submitting any of the following documents:
o A divorce decree
o An Annulment order
o A Death certificate.
· You and your fiancé have met at least once in person within the two-year period before filing with the K-1 visa application. A waiver is available and can be requested if meeting in person violates religious or cultural practices or causes extreme hardship.
· You can prove that your relationship is legitimate and can provide evidence from the beginning of your relationship through your engagement.
· Your fiancé meets the income requirements to serve as your financial sponsor
Contact Hurtubise Weber Law
If you are seeking a K-1 visa, schedule a consultation with Hurtubise Weber Law.
Can a U.S. Citizen Sponsor a Sibling for a Green Card?
Can I Sponsor my Sibling for a U.S. green card?
You must be a United States citizen and at least 21 years of age in order to sponsor a sibling for permanent residency in the U.S. U.S. permanent residents (green card holders) are not eligible to sponsor siblings for green cards. Siblings are the lowest preference category on the list for visa approval, so applying for a sibling to get a green card in the United States can take an extended period of time. Eligible siblings may be:
Any age
Full or half-siblings
Adopted siblings or step-siblings, in certain circumstances
What Is Required?
The following documentation is among that required to sponsor a sibling for a green card:
Proof of the sponsor’s status as a U.S. citizen
Proof of the sibling relationship, which may include birth records, adoption decrees, marriage certificates, and divorce judgments
Proof of any legal name changes
In some cases, secondary documentation and affidavits are required to confirm a sibling relationship.
Process to Sponsor a Sibling for a Green Card
The first step in the sibling sponsorship process is to submit an I-130 Petition for Alien Relative, asking the U.S. government to recognize the sibling relationship. This petition can take many years, or even decades, to be approved. Once this petition is approved, and a green card is available based on the sibling’s priority date, the next step is for the sibling to apply for an immigrant visa (if they are residing abroad at that time) or for adjustment of status (if they are lawfully residing in the U.S. at that time and meet eligibility requirements).
Cost of Sponsoring a Sibling for a Green Card
The current government filing fee for the I-130 Petition for Alien Relative is $535. The current government filing fees for the green card application range from around $800 to $1225. These fees are expected to increase soon. The sibling will also required to complete a medical exam with a special doctor appointed by the government. The fee for this exam varies but is currently generally $200 to $500. Legal fees also vary based on specific details.
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For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can a green card holder petition for a green card for parents?
Bringing Foreign Parents to the United States
Many immigrants coming to the United States to live come to bring their extended family with them. This frequently includes parents. Adult children who have moved to the United States commonly wish to bring their parents to live with them so that they can be close to them and care for them as they age. Parents also like to be close to extended family, including grandchildren. This can be a complicated process, but it is possible. If you are a permanent resident of the United States, meaning you hold a green card to legally live and work in the United States, you cannot legally sponsor your parents for their own green card. This is why applying for citizenship is essential if you wish to bring extended family members to live with you in the United States.
Citizenship: The First Step
If you are a permanent resident with a green card, your first step towards sponsoring parent or for a green card is to become a U.S. citizen. The process of becoming a U.S. citizen is called naturalization. Once you have held permanent residency in the U.S. for a period of five years, or less in certain circumstances, then you may become eligible to apply for U.S. citizenship. In general, with some exceptions, the requirements for naturalization include:
Proof of residence in the U.S. as a permanent resident for at least 5 years, with no trips outside of the U.S. lasting 6 months or more
Proof of physical presence in the U.S. for at least half of the 5 years preceding the filing of the application
Proof of residence in the state in which you are applying for at least 3 months preceding the filing of the application
Reasonable proficiency in the English language
Proof of good moral character during the 5 year period preceding the filing of the application
Not being subject to any bar to naturalization
Once you become a citizen, you will be allowed to vote, obtain a U.S. Passport, and help family members to immigrate to the United States, and you will no longer be required to renew your green card.
Applying for Citizenship
It is important to consult with an immigration lawyer to ensure that you meet the above requirements. If you do, then, your next steps generally include:
Filing form N-400 Application for Naturalization, with supporting documentation
Completing a biometrics appointment for background checks
Completing a naturalization interview before an immigration officer, during which you will need to pass a U.S. government and history exam
Taking an oath ceremony to officially become a U.S. citizen
Once you have successfully completed the process to become a U.S. citizen, you can begin the process of sponsoring your parents for their green cards.
Sponsorship
Parents of U.S. citizens are considered immediate relatives. This is good news because immediate relatives of U.S. citizens are not limited in the number of visas that can be awarded each year. Once you take the oath ceremony and officially become a U.S. citizen, then you are ready to begin the process of sponsoring a parent for a green card.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can My Relative Sponsor Me for a Green Card?
Who Can Sponsor a Relative for a Green Card?
If you are a permanent resident (green card holder) or a U.S. citizen, you can potentially sponsor a relative for a green card. However, which relatives you can sponsor depends on your own status. For example, you can only sponsor a spouse or an unmarried child if you are a permanent resident. In order to sponsor other family members, such as a parent or sibling, you must be a U.S. citizen. Immediate family members qualify for priority status, meaning that the number of visas issued to immediate relatives each year is not limited. If your family member is not considered an immediate relative, they may still qualify for family preference in a prioritized order. Qualifications to sponsor a relative for a green card generally include:
Being a U.S. citizen or permanent resident
Being at least 21 years of age
Being eligible to financially support the sponsored family member
Which Family Members Can Be Sponsored?
If you are a permanent resident, then you can sponsor:
Your spouse
Your Unmarried children
If you are a U.S. citizen age 18 or above, then you can sponsor:
Your spouse
Your minor, unmarried children
If you are a U.S. citizen age 21 or above, then you can sponsor:
Your spouse
Your parents
Your minor, unmarried children
Your Married or adult children, including their families
Your Siblings
Can I Sponsor Another Relative or a Non-Relative?
Unfortunately, there is no category for an individual to sponsor another relative like an aunt, uncle, or cousin for a green card. In general, individuals also cannot petition to sponsor a non-relative. This does not mean that you cannot assist an extended family members or friends in obtaining a green card. If you are a U.S. citizen, you can file an Affidavit of Support to financially support your friend or extended family member as a part of their application. There are a number of responsibilities that accompany providing an Affidavit of Support for an immigrant, so it is important to consult with an immigration lawyer before moving forward.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How Long Does It Take for a U.S. Citizen to Sponsor a Brother?
Sponsoring a Sibling
If you are a United States citizen and your sibling is not, you can sponsor them for a green card so that they can come to the United States as a permanent resident. In order to sponsor a sibling , you must be 21 years of age and a United States citizen. Permanent residents (current green card holders) cannot sponsor siblings for permanent residency.
How Long Does It Take to Get an Immigrant Visa?
The amount of time it takes to get an immigrant visa approved can depend on several different factors. Siblings fall under the “F4” family-sponsored preference category, and they typically wait the longest for approval versus other categories. The date that the first form, the I-130 Petition for Alien Relative, is filed with the United States Citizenship and Immigration Services (USCIS) becomes the “priority date.” Applications are handled by preference category in the order of priority date. Once the allotted number of available visas are issued in a year, no more visas will be issued for that year. A sibling petition can take decades to become “current” - the point where a green card is available for the sibling.
Steps of the Process
Standard steps in the sibling sponsorship process include:
Submitting form I-130 and awaiting a receipt notice
Waiting for USCIS to adjudicate the petition (this can take a decade or more)
Waiting for the case to be transferred to the National Visa Center, where the green card documentation will need to be submitted
Waiting for the priority date to become current so that an interview can be scheduled at a U.S. consulate (this may happen quickly or may take another decade or more)
Completing the interview at the U.S. consulate
Understanding the steps of the process and how it works in terms of priority and paperwork can help alleviate some of the stress of waiting for approval for a green card.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can Green Card Holders Sponsor Family Members?
Being a Green Card Holder
Being a green card holder is not the same as being a U.S. citizen. If you have a green card, you are considered a permanent resident of the United States. As such, you are eligible for some benefits of citizenship without yet becoming a citizen. These include:
Being legally authorized to live and work permanently in the United States
Being protected by the laws of federal, state, and local entities
Once you are a permanent resident, you are eligible to sponsor certain family members green card.
Which Family Members Can I Sponsor?
The family members you are able to sponsor depends on whether you are a U.S. citizen or a permanent resident with a green card. If you are a U.S. citizen, you can sponsor the following family members:
A spouse
Children
Parents
Brothers and sisters
If you hold a green card, you can sponsor the following family members:
Your spouse
Unmarried children
If you are applying to sponsor a family member as a green card holder, the process can be complicated., An immigration attorney can help.
The Process
Applying to sponsor a family member generally begins with the current permanent resident submitting form I-130, Petition for Alien Relative. There are preference categories for applicants, which will determine the order in which a green card will be granted. These preference categories include:
1st preference - Unmarried, adult child of a U.S. citizen
2nd preference – Spouse s of a permanent resident; unmarried children of a permanent residents of (any age)
3rd preference - Married child of a U.S. citizen
4th preference - Sibling of a U.S. citizen
Limits on Visas
In addition to the limited number of visas available per year, there are also limits imposed based on the country from which an applicant is immigrating. Only a certain percentage of visas each year may be issued to people from the same country. If a particular country has too high of a number of applicants in one year, then that country is considered “oversubscribed.” In that case, the Department of State would issue a cutoff date in order to limit the number of applications from that country.
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For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Do all relatives of US citizens qualify for green cards?
What Is a Green Card?
A green card is a document awarded to applicants by U.S. Customs and Immigration Services (USCIS) to provide permanent residency to an applicant. A green card is a stepping stone to U.S. citizenship. A common way for a person to obtain a green card is through a relative who is already a U.S. citizen. There are criteria to meet if you want to be sure that you qualify as a relative eligible for a green card in the United States. If you are unsure of whether or not you or your family member would qualify for a green card, contacting an immigration law firm such as Hurtubise Weber Law in San Francisco or San Jose, CA is a good way to get answers to your questions.
Family Member Categories
Under immigration law, there are two different categories of relatives.
The first category is “immediate relatives.” These include:
The spouse of a U.S. citizen
The unmarried son or daughter who is under the age of 21 of a U.S. citizen
The parent of a U.S. citizen at least 21 years old
The family preference category includes family members who are not considered “immediate relatives” under immigration law. Family members qualifying for the family preference category include:
The spouse or unmarried child under the age of 21 of a permanent resident
The unmarried adult child (age 21 and over) of a U.S. citizen
The unmarried adult child of a permanent resident
A married child of a U.S. citizen
A sibling of a U.S. citizen
Advantages of the “Immediate Relative” Category
The number of visas available to immediate relatives is not limited, so the immigration process for immediate relatives is faster, whereas members of the family preference category can have a wait time as long as 20 years in some cases. In addition, if you qualify as an immediate relative, you may also have the advantage of being exempt from certain bars to the adjustment of status process. Adjustment of status is possible for certain applicants who are those residing in the United States at the time of application. It allows them to remain in the United States while their application for a green card is being processed. In general, there are bars to the adjustment of status process that apply if an applicant has:
Engaged in unlawful employment in the U.S.
Failed to maintain lawful immigration status in the U.S. at any time
These bars generally do not apply to immediate relatives.
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For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can an Unemployed US Citizen File For a Spousal Visa?
Filing for a Marriage-Based Green Card
If you are a U.S. citizen and your spouse is not, you can apply for a marriage-based green card in order to sponsor them for permanent residency. Sponsoring a spouse for residency requires proof of citizenship and marriage on the part of the sponsoring party. Another requirement for sponsoring a spouse for residency is financial responsibility. If you are unemployed or suffering financial hardship, there are guidelines you need to follow as a part of the process. Contacting an immigration attorney can help you make sure you fulfill all of the requirements for your application.
Affidavit of Support
An Affidavit of Support, also known as U.S. immigration form I-864, is a contract you sign to accept financial responsibility for a family member, or beneficiary, who is applying for a green card. The Affidavit of Support is an agreement between the U.S. Government and the financial sponsor stating that the sponsor is responsible for repaying certain public benefits after the green card is issued. In general, the document is valid until one of the following occurs:
One of the spouses dies
The beneficiary becomes a U.S. citizen
The beneficiary has worked 40 quarters in the United States
The beneficiary permanently moves out of the U.S.
Qualifying to Be a Financial Sponsor
In order to help your spouse obtain a green card, you need to qualify to be a financial sponsor. To do this, in general, you must meet the following requirements:
You must be a U.S. citizen or permanent resident, be 18 years of age, and reside in the U.S.
Your annual income must be 125% of the Federal Poverty Guideline level
If your income is below that level, you may be able to use your assets or those of the beneficiary, such as cash, stocks, bonds, and property, to meet the financial requirements
If you do not meet the minimum requirements alone, other adult members of your household can contribute their income and/or assets as long as they are willing to help support the family member seeking the green card.
A CoSponsor
If a situation arises where the spouse alone does not meet the income requirements to sponsor a beneficiary for a green card, they can consider getting a cosponsor. The obligations of a cosponsor are the same as the primary financial sponsor. They can be held responsible for reimbursing the government for use of public benefits as well.
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For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How Long Does It Take to Process a Fiancé Visa?
What is a Fiancé Visa?
A fiancé visa is a visa that allows a non-citizen to enter the United States legally for the purpose of marrying a U.S. citizen. Once the visa is granted, the couple has a 90-day period in which to get married in the United States, after which time they can apply for permanent residency for the non-citizen spouse.
Marriage Location
If you and your fiancé wish to get married in the United States, a K-1 visa may be a good choice for you. Many couples even choose to have a religious ceremony or celebration of marriage overseas before relocating to the United States. This may be acceptable ONLY IF it constitutes an unofficial ceremony and is not considered a legal marriage in the place where it is performed.
Steps to Acquiring a K-1 Fiancé Visa
In order to acquire a K-1 Fiancé Visa, the sponsoring citizen must first submit a form I-129F or Petition for Alien Fiancé. This is done with the local U.S. Citizenship and Immigration Services office. Currently, the processing time is approximately a year for this type of petition. The next step is for an interview to be scheduled at the U.S. embassy or consulate in the foreign national’s home country or country of legal residence. That step can take six months or even much longer due to interview backlogs.
Expediting the K-1 Visa
Some visas are eligible for premium processing, where an applicant can pay a premium for faster visa processing. Unfortunately, the K-1 visa is not eligible for premium processing. The best way to ensure fast processing is to obtain representation from an immigration attorney, who will use their expert knowledge of the law and process to help avoid unnecessary delays.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Fiancé Visa or Marriage Visa: Which is Faster?
Why Is a Visa Needed?
If you are a foreign national and getting married to a U.S. citizen, citizenship is not automatically granted once the marriage takes place. This situation means eligibility for a green card through a fiancé visa or marriage-based green card. Which is a faster way to obtain legal entry into the U.S.?
Fiancé Visa
A U.S. citizen engaged to marry a foreign national who wishes to immigrate to the United States can petition to bring their fiancé into the country with a K-1 visa. This visa allows the fiancé to enter the United States and be married within a 90-day window, and then apply for adjustment of status in order to obtain a green card. Currently, the fiancé visa is taking on average approximately one year to be issued and involves an interview at a U.S. embassy or consulate abroad, which can take another six months or even longer be scheduled. After the interview the fiancé visa will be issued, allowing the spouse to enter the U.S.
Spousal Visa
If you are a U.S. citizen married to a foreign national, you can bring your spouse into the U.S. through the spousal visa process. This is currently taking on average 18 to 30 months to complete, depending on the foreign national’s country of residency.
Comparing the Two
A fiancé visa might be your best choice if:
You want to get married in the United States
You are not able to get married abroad
Your fiance does not desire immediate permission to work in the U.S. or to travel abroad once they enter the U.S.
A spousal visa might be your best choice if:
You want your spouse to be a permanent resident when they arrive in the U.S., in order to have permission to work within the U.S. and to travel abroad
Ultimately, the visa you choose to apply for depends on your priorities and your personal situation. Planning ahead is important to avoid delays and extra fees.
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For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How to Begin a Green Card Filing By Marriage
Eligibility for a Green Card
If you are a non-citizen who marries a U.S. citizen, you become an immediate relative of your spouse. This means that you may be eligible for a green card , and eventually, U.S. citizenship. If you are living in the United States at the time of your marriage, you may be able to complete the green card application process through adjustment of status here in the U.S.
The Adjustment of Status Application Process
The following forms are all part of the spousal adjustment of the status application process:
Form I-130 – Petition for Alien Relative
Form I-130A – Supplemental Information for Spouse Beneficiary (the beneficiary is the person getting the green card)
Form I-485 – Application for Adjustment of Status
Form I-864 – Affidavit of Support (to accept financial responsibility for the green card applicant)
Form I-765 – Application for Employment Authorization(optional)
Form I-131 – Application for Travel Document (optional)
G-1145 – Application e-Notification/Acceptance of Petition (optional)
If you have an immigration lawyer, they can complete these forms based on your specific circumstances, using their expert knowledge of the law and procedures involved in the application process.
What Documents Do I Need?
If you are applying for a green card through adjustment of status, in general at a minimum you will need the following documentation:
Passport-quality photos of both spouses
Proof of U.S. citizenship for the sponsoring spouse
Proof of the beneficiary’s lawful admission into the U.S.
Marriage certificate and documentation of any prior marriages as well, which meet required guidelines
Evidence of a joint life together
Proof of the U.S. citizen’s ability to provide financial support
Medical examination results for the beneficiary applicant
Documentation of the beneficiary’s birth, which meets the required guidelines
The Interview Process
It can take many months or even years after the application for a green card and adjustment of status is submitted for an interview to be scheduled. In some cases, the interview requirement is waived. If an interview is scheduled, it will involve questions about the marriage, relationship, and the applicant’s immigration status. Some common questions include:
Questions about the relationship history: How you met, where you went on your first date, and the names of your spouse’s parents
Questions about the wedding: Where the wedding took place, who attended the wedding, and where you went on your honeymoon
Immigration questions: Have you ever been denied a visa to enter the United States, have you ever violated your immigration status, have you ever been arrested or convicted of a crime, etc..
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can I Apply for a Green Card After I Marry a Permanent Resident?
What Is a Permanent Resident?
A permanent resident is a non-citizen of the United States who is legally authorized to permanently live and work in the U.S. While a permanent resident is not a citizen, they do benefit from certain privileges under immigration law. These include:
To live permanently in the United States provided no actions are committed that would be considered grounds for deportation
To be legally employed
To be protected by all state, local, and federal laws of the United States
A permanent resident holds a green card, and can sponsor a spouse who is a non-citizen to also become a permanent resident.
How to Apply for a Green Card for My Spouse
If you are a permanent resident of the United States and are married to a foreign national who would like to apply for a green card, the process and its timeline depend on the foreign national’s specific circumstances, and whether you and the foreign national are residing in the United States (and specifically where you are residing) or living abroad.
Two applications are necessary: the Petition for Alien Relative and the application for an immigrant visa or adjustment of status (the “green card” application). If you are both residing in the U.S., then the foreign national may be able to request the green card while remaining in the U.S., which is called adjustment of status. Sometimes the Petition for Alien Relative and the application for adjustment of status may be filed concurrently. If the foreign national is residing abroad, then the Petition for Alien Relative must be filed and approved first, before the green card application may be submitted. In this situation the green card application is called an application for an immigrant visa.
Who Can Use the Adjustment of Status Procedure?
In order to be eligible for adjustment of status as the spouse of a permanent resident, in general you must meet certain criteria. These may include:
You must be “admissible” - not ineligible for a U.S. green card
You must physically reside in the United States in lawful immigration status
You must have legally entered the United States with permission and maintained your lawful status throughout your time in the U.S.
If you do not meet the criteria, some waivers and exceptions may be available. Contact an immigration law firm such as Hurtubise Weber Law in San Francisco or San Jose, CA to check your eligibility and guide you through the process. For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How to Sponsor my Fiancé for a Green Card
What is an Immigration Lawyer?
An immigration lawyer assists families in immigration services such as obtaining a green card, U.S. citizenship, or a work visa. Hurtubise Weber Law specializes in U.S. immigration law in San Francisco and San Jose, CA. If you are getting married and have questions about sponsoring your future spouse for a green card in the United States, our attorneys can help.
What Is a Marriage-Based Green Card?
A marriage-based green card is a document that can be issued to a non-citizen spouse of a U.S. citizen. This allows them to live and work in the United States as a permanent resident. After three years of being a permanent resident, the green card holder may be eligible to apply for citizenship. If you are a foreign national married to a U.S. citizen or engaged to be married to a U.S. citizen, contact an immigration lawyer to walk you through the process.
How Do I Know If My Spouse Is Eligible for a Green Card?
There are two types of visas if you are married or engaged to be married to a U.S. citizen. If you are engaged but not yet married, you can obtain a fiancé visa. In order to qualify for a fiancé visa, generally you must meet the following requirements:
Be engaged to marry a U.S citizen
Have met the U.S. citizen in person within the past two years
Be legally eligible to marry
Be residing in another country, not already within the United States
Not be subject to a bar to a fiance visa/green card due to criminal history, immigration history, or some other basis of ineligibility
Documentation will be required for each of these requirements such as documentation of photos together, letters and other communications with each other, and other similar proof.
If you are already married, the requirements are slightly different. If you are a non-citizen married to a U.S. citizen, generally you must meet the following requirements to be eligible for a green card:
Be legally married to the U.S. citizen
Not be married to someone else
Possess documentation to prove that the marriage is “bona fide” - or real - and not just for immigration purposes
Not be subject to a bar to a green card due to criminal history, immigration history, or some other basis of ineligibility
How Do I Obtain a Green Card Once We Are Married?
The steps for applying for a marriage-based green card vary depending on the specifics of your situation, but in general, the process currently takes approximately 18 to 30 months. The steps for filing for your marriage-based green card are:
Establishing the relationship (Form I-130 Petition for Alien Relative)
Applying for a green card (Form I-485 Application to Adjust Status or immigrant visa application)
The costs for filing also vary depending on whether you live in the United States or abroad. Filing fees can range from $1,200 to $1,760. In addition, applicants are required to have a medical examination, which generally costs between $300 to $500.
Grounds of Inadmissibility
There are many circumstances where a non-citizen may be denied admission to the United States. These include:
Drug abusers, traffickers, or addicts
People with communicable diseases, such as tuberculosis, that could be a threat to public health
People with physical or mental disorders that potentially harm themselves or others
Improperly vaccinated people
People with prior criminal arrests or convictions
People with current or past violations of immigration law
Terrorists
People who are likely to need public assistance in the future
In some of the above cases, waivers can be obtained to gain special permission for entry into the United States.
Contact an Immigration Lawyer
If you are a U.S. citizen who is married to or planning to marry a non-citizen of the United States, contacting a law firm like Hurtubise Weber Law that specializes in immigration law is the best way to ensure that the process goes smoothly for you and your spouse. Our offices are conveniently located in San Francisco and San Jose, CA. For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
What Does “Visa Sponsorship” Mean?
Do you have a family member back in your home country that you would love to bring to the United States? Perhaps you’re an employer interested in hiring a foreign national to fill an open job position. Whatever the case, visa sponsorship may be necessary to bring a foreign national into the country. Learn more about visa sponsors before beginning the immigration process.
What is Visa Sponsorship?
Simply put, US visa sponsorship is when an individual or company based in the United States advocates for a foreign national’s entry into the country for the purposes stated in the visa. First, the sponsor submits a petition on behalf of the foreign national. If approved, the foreign national can then apply for the desired visa. There is usually a financial aspect involved with visa sponsorships as well.
Types of Visa Sponsorships
Not every immigrant requires a sponsor. It depends on the countries involved and the purpose of the visit. There are many types of visa sponsorships and many ways to get sponsored.
Family-Based Immigration Sponsorship
Both US citizens and lawful permanent residents can sponsor another family member’s visa. These include:
K-1 visas for fiancés coming to the US for marriage
F-1 visitor visas for students to attend school
B-2 visitor visas for tourism, visiting friends and family, and other leisure activities
Employment-Based Immigration Sponsorship
Most immigrants looking to work in the United States need an official job offer and a US-based employer sponsor. These jobs may be permanent or short-term engagements, and the sponsoring employer generally must pay the immigration costs.
There are many types of employment visas, including:
H-1B visas
Employment-based immigrant visas (green cards)
Treaty work visas for professionals
L transfer employee visas
Quasi-work visas
O-1A visas for extraordinary ability
And more
Self-Sponsorship
Some immigrants can petition themselves for a green card under certain conditions. This group of foreign nationals is extremely limited and includes:
Widows and widowers of US citizens who meet specific requirements
Battered spouses/children who were victims of extreme violence or cruelty from US citizens or lawful permanent residents, and battered parents of US citizens
Special immigrants who meet other requirements, such as being religious workers or special immigrant juveniles
Are you ready to begin the visa sponsorship process? Hurtubise Weber Law LLP can guide you from start to finish to make the immigration process as smooth as possible! Call us today at (415) 496-9040 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
How Long Does Getting a Green Card Take?
Are you working on applying for a green card through United States Citizenship and Immigration Services (USCIS)? You may be eager to have your case processed as quickly as possible. However, it may take several months, years, or even a decade to process your green card. The timeline depends on the type of green card you apply for, the location of the processing office, and . Here’s a breakdown of the estimated USCIS processing times.
Family-Based Green Card Processing Time
The estimate for processing family-based green cards varies widely because some have yearly caps. This means if many people apply in a single year, your application will be pushed to the next year or the year after that. Still, here are current estimated processing times:
IR-1/CR-1, Marriage-Based Green Card – No yearly caps, with a wait time of roughly 8 to 17 months
F-1/F-2/F-3/F-4, Family Preference Visas – Yearly caps apply, with processing times of 1 to 10 years
Employment-Based Green Card Processing Time
The US government issues about 140,000 employment-based (EB) green cards per year to different categories of applicants. To give you an idea of the demand, consider that USCIS received 1.2 million applications in 2020—the highest ever in a single year.
Green cards with employer sponsorships may be processed as quickly as one year for EB-1 visas with low demand or around five years for EB-2 and EB-3 visas with very high demand. Certain countries with excessive applicants, including India and China, have backlogs of many years.
Applications are reviewed on a first-come, first-served basis, and errors can slow the process down. Therefore, sponsoring employers should work with a knowledgeable immigration attorney to ensure a smooth process.
At Hurtubise Weber Law LLP, we know applying for a green card can be stressful. That’s why we are here to guide you through the immigration process. Call us today at (415) 413-8760 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, California.
Can I Leave the US While Awaiting My Adjustment of Status?
If you are in the middle of the US immigration process, it’s crucial to avoid any actions that could negatively affect your case. This might have you wondering—can I leave the US while my adjustment of status is pending? Yes, with the proper documentation, but you may not want to. Learn more about the requirements and risks here.
What is an Adjustment of Status?
An adjustment of status is the process of applying for lawful permanent resident status (also known as applying for a green card) when you already reside in the US. If you’re approved, you can continue living and working in the US and eventually apply for US citizenship. United States Citizenship and Immigration Services (USCIS) is the government agency responsible for processing your application.
Can You Travel While Awaiting a USCIS Adjustment of Status?
If you have a pending adjustment application, this means you have already filed Form I-485 to apply for a green card. After navigating the complex application process, you want to ensure you don’t make any mistakes that could jeopardize becoming a green card holder.
Do you want to visit your home country while your adjustment of status is pending? You’ll need to obtain an advance parole document. This is a temporary travel authorization that allows you to reenter the US without a visa. If your situation requires an advance parole travel document and you fail to obtain one, you will abandon your Form I-485 application. Therefore, it’s essential to consult an immigration attorney before leaving the country.
How to Obtain an Advance Parole Travel Document
Complete Form I-131, Application for Travel Document, and submit it to the USCIS. Be prepared to give specific dates and reasons for leaving the country. Submitting the form is not enough—you must await approval before you travel.
Risks of Traveling with a Pending Adjustment of Status Application
The border patrol officer inspecting you upon reentry to the US has the authority to deny reentry if they have reason to believe that you should not be admitted. In short, unless you have an urgent reason to leave the country, it’s best to remain in the United States while you await the outcome of your green card application.
For more information about immigration law and applying for an adjustment of status, reach out to Hurtubise Weber Law LLP. We can help you navigate the immigration application process! Call us today at (415) 849-1199 or contact us online to speak with our immigration lawyers in San Francisco and San Jose, CA.
