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Straightforward guides for marriage green cards and more

[{"id":272,"title":"Getting Your Marriage Green Card, from Start to Finish","subtitle":"Detailed guides for each of the four main pathways to a spousal visa","body":"A spouse seeking a marriage-based green card must generally follow one of four different pathways, based on where they live and whether their spouse is a U.S. citizen or permanent resident (green card holder).Boundless has produced a detailed guide for each pathway, so you can understand what to expect and then navigate the immigration system with confidence.Which marriage-based immigration guide best describes your situation?Living in the United States and Married to a U.S. CitizenLiving in the United States and Married to\u00a0a U.S. Green Card HolderLiving Abroad and Married to a U.S. CitizenLiving Abroad and Married to a U.S. Green Card Holder","excerpt":"A spouse seeking a marriage-based green card must generally follow one of four different pathways, based on where they live and whether their spouse is a U.S. citizen or permanent resident (green card holder).Boundless has produced a detailed guide for","permalink":"https:\/\/www.boundless.com\/immigration-resources\/guides\/"},{"id":18,"title":"Marriage Green Cards, Explained","subtitle":"Start here to understand the marriage green card process","body":"Congratulations on your marriage!If you are a U.S. citizen or a green card holder (lawful permanent resident) and your spouse is a foreign national, the next big thing on your mind may be obtaining a green card for your spouse.What is a marriage green card?A U.S. citizen or U.S. green card holder can sponsor their spouse for a marriage-based green card, which provides \u201cpermanent residence\u201d status. This allows the spouse to live and work anywhere in the United States, and apply for U.S. citizenship after three years.How do I get a marriage green card?Obtaining a marriage green card is generally a three-step process:1. Establishing the marriage relationship (Form I-130)2. Applying for the green card (Form I-485 or DS-260)3. Interview and approvalThis guide will walk you through each step, with links to more detailed information along the way.Establishing the marriage relationship (Form I-130)The first step in the marriage-based green card process is to submit Form I-130 (technically called the \u201cPetition for Alien Relative\u201d) to United States Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.The main purpose of this form is to establish that a valid marriage exists.The spouse filing the I-130 is called the \u201cpetitioner\u201d or \u201csponsor.\u201d This is the spouse who is the U.S. citizen or green card holder. The spouse seeking a green card is called the \u201cbeneficiary.\u201dCritical elements of an I-130 filing package include:Government filing fee of $535 Proof that the petitioner is a U.S. citizen (copy of birth certificate, naturalization certificate, or valid U.S. passport) or a U.S. lawful permanent resident (copy of green card) Proof that a legally valid marriage exists (for example, a marriage certificate showing the names of both spouses, the place of marriage, and the date of marriage) Proof that the marriage is not fraudulent (for example, a joint lease, joint bank account statements, and pictures together) Proof that any previous marriages for both husband and wife have been terminated (typically, a divorce document)Once your I-130 filing package is complete, you will mail it to the appropriate USCIS address. You will then get an official receipt notice in the mail from USCIS, typically within two weeks. If USCIS needs more information or documents to process your filing package, they will send you a \u201cRequest for Evidence\u201d (RFE)\u00a0within 2-3 months. Once USCIS has everything they need, they will typically make a decision on your I-130 petition within 7-15 months, depending on your situation.After you receive notice that your I-130 petition is approved, the next step depends on whether the spouse seeking a green card lives in the U.S. or abroad.Establishing the spouse\u2019s eligibility for a green cardThere are two different processes for the U.S. government to determine whether the spouse seeking a green card is eligible or not.Spouse Living in the United StatesIf the spouse seeking a green card is present in the United States, the next step is to file Form I-485 (technically called the application for \u201cAdjustment of Status\u201d). The I-485 application is filed with USCIS and its primary purpose is to establish that the spouse is eligible for a green card. Critical elements of an I-485 filing package include:Government filing fees\u00a0of $1,225 Proof of the spouse\u2019s nationality (copy of birth certificate and passport) Proof of the spouse\u2019s lawful entry to the United States (copy of I-94 travel record and prior U.S. visa) Medical examination\u00a0performed by a USCIS-approved doctor Proof of the sponsoring spouse\u2019s ability to financially support the spouse seeking a green card (Form I-864, or \u201cAffidavit of Support,\u201d plus evidence such as tax returns and pay stubs)For spouses of U.S. citizens, this I-485 filing package can often be combined with the I-130 filing package described in Step 1 above (called a \u201cconcurrent filing\u201d). USCIS typically processes this concurrent filing within 9-11 months.For spouses of U.S. lawful permanent residents, however, the I-485 filing package cannot be submitted until the U.S. State Department determines that a green card is available given various annual caps. The wait time is currently about a year and a half, but this can vary by a few months depending on the spouse\u2019s home country. Once the I-485 filing package is then submitted, USCIS typically processes it within 9-11 months.Spouse Living AbroadSponsoring a green card for your spouse living abroad is slightly different. The next step is to file an application package with the National Visa Center (NVC), which is run by the U.S. State Department. The NVC gathers the necessary forms and documents and decides whether the spouse is ready for an interview at a U.S. embassy or consulate abroad (called \u201cconsular processing\u201d). The main elements of an NVC filing package include:Government filing fees\u00a0of $445 Form DS-260\u00a0(green card application filed online) Proof of the spouse\u2019s nationality (copy of the birth certificate and passport photo page) Copy of a police certificate for the spouse (showing past legal infractions, if any) Proof of the sponsoring spouse\u2019s ability to financially support the spouse seeking a green card (Form I-864, or \u201cAffidavit of Support,\u201d plus evidence such as tax returns and pay stubs)The NVC typically processes an application package within 3-5 months, and then forwards it to a U.S. embassy or consulate in the spouse\u2019s country of residence.Interview and approvalThe final step in the marriage green card process is the interview. The interviewing officer\u2019s primary goal is to assess the authenticity of the marriage. Questions can focus on the history of the couple\u2019s relationship, their daily activities as a wife and husband, and their future plans as a couple. If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card.Spouse Living in the United StatesA spouse present in the United States will attend an interview\u2014together with his or her sponsoring spouse\u2014at their local USCIS office.A spouse already in the United States will typically receive their physical green card within 2-3 weeks of case approval.Spouse Living AbroadA spouse living abroad will attend an interview at a U.S. embassy or consulate in their country. The sponsoring spouse does not attend this interview.A spouse living abroad will then receive a visa stamp in his or her passport, allowing for travel to the United States. The USCIS Immigrant Fee ($220) will need to be paid online before a physical green card can be issued.\u00a0Typically 2-3 weeks after the spouse\u2019s arrival, the green card is mailed to the couple\u2019s U.S. address.What happens next depends on the length of the marriage so far.If the couple has been married for less than\u00a0two years at the time of green card approval, then the spouse will receive a CR1 green card (or \u201cconditional green card\u201d). Conditional green cards are valid for only two years. Couples must jointly file another petition before the expiration of this two-year period in order to \u201cremove the conditions\u201d and get a permanent green card. (This is the Form I-751, technically called a \u201cPetition to Remove Conditions on Residence.\u201d) At this stage, USCIS takes another look at the couple\u2019s marriage to make sure that the marriage is not fraudulent, and that the couple did not marry only for immigration purposes.If the couple has been married for more than\u00a0two years at the time of green card approval, then the spouse will receive an IR1 green card (or \u201cimmediate relative green card\u201d)\u2014a permanent green card that is valid for 10 years. In most cases, renewing this 10-year green card is a simple process, and does not require the couple to prove the authenticity of their marriage again.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nMore resources about Marriage Green CardsFianc\u00e9 Visa Vs. Marriage Green CardHow Long Does the Marriage Green Card Process Take?How Much Does a Marriage Visa (green card) Cost?What Documents Do I Need for a Marriage Green Card?What is an Affidavit of Support?","excerpt":"Congratulations on your marriage!If you are a U.S. citizen or a green card holder (lawful permanent resident) and your spouse is a foreign national, the next big thing on your mind may be obtaining a green card for your spouse.What","permalink":"https:\/\/www.boundless.com\/immigration-resources\/marriage-based-green-cards-explained\/"},{"id":23,"title":"How Much Does a Marriage Green Card Cost?","subtitle":"Government fees and other common expenses for green card applications","body":"How much does it cost to apply for a marriage green card?The total cost of getting a green card through marriage is approximately $1,960 for an applicant living in the United States or $1,400 for an applicant living abroad. This includes mandatory U.S. government fees, which are nonrefundable, plus the typical cost of the required medical examination.The following chart breaks down both the fees you must pay directly to the government \u2014 in most cases, that\u2019s U.S. Citizenship and Immigration Services (USCIS), unless otherwise noted \u2014 and to the physician who performs the required medical exam:Marriage Green Card Costs Fee Type Cost (to Applicant Living in the U.S.) Cost (to Applicant Living Abroad) Family Sponsorship Form (I-130) $535 $535 Green Card Application Form (I-485) $1,140 Form not required Financial Support Form (I-864) $0 $120 Work Permit Application Form (I-765) $0 Form not required Travel Permit Application Form (I-131) $0 Form not required Biometrics (Fingerprints & Photo) $85 $0 State Department Processing Fee not required $325 USCIS Immigrant Fee Fee not required $220 Medical Examination $200 $200 Total $1,960 $1,400 Note that the medical exam generally costs around $200, though this amount can vary significantly. A green card applicant living in the United States must be examined by a USCIS-approved physician, while an applicant living abroad must use a State Department-approved physician. You can learn more in our detailed guide to preparing for the medical exam.Also note that these government fees are only paid at the same time if you are\u00a0married to a U.S. citizen and living in the United States. For other scenarios, these fees will be paid several months apart, during different stages of the green card application process.With Boundless, all the required forms listed above turn into simple questions you can answer in under two hours. \n Get started today.Beyond direct government fees and the medical exam fee, there are other green card costs to keep in mind:Vaccination fees: Should your medical exam require it, you may need to update your vaccinations before receiving your completed medical examination report. Like medical exam fees, vaccination costs will vary by provider.Translation services fees: If your green card application package includes any documents in a language other than English, you must also include a translation of each document, certified as accurate by the translator. The cost of these services will vary \u2014 for example, a certified translation of a one-page birth certificate might range between $20 and $40. Please note: Boundless does not currently provide translation services.Document fees: As part of the green card application process, you will be asked to submit digital or physical copies of supporting documents, such as a birth certificate, marriage certificate, and passport. You and your spouse will also need to bring the original copies when attending your final green card interview (either in the United States or at a U.S. embassy or consulate abroad). Government agencies generally charge fees for issuing certain official documents.Professional photography fees: To verify your identity and conduct background checks, the U.S. government will ask you to submit two recent 2-inch-by-2-inch photographs, which will vary in price by service provider. Although you are allowed to take your own photos, it\u2019s generally a good idea to use a professional photography service, and many drug stores provide passport-style photos for a relatively low fee.Travel expenses: When you attend your biometrics appointment, green card interview, and medical exam, the U.S. government will not reimburse you for the expenses you incur when traveling to these locations. The same is true if you must travel to various government agencies to obtain official documents.Shipping costs: At different stages of the green card application process, you will pay nominal charges for postage and mailing of your application and supporting documents.Boundless takes the hassle out of shipping your green card application \u2014 your complete application package arrives at your doorstep, ready for you to sign and drop back in the mail to the correct government address. We even provide the envelope and cover the shipping fee. \n Get started today.Boundless guides you through the entire marriage green card application process for a flat $750 fee that includes all of the following:A \n step-by-step online tool to complete the green card application package with confidence Live support with the U.S.-based Boundless team Independent immigration attorney review, with opportunities to ask questions A ready-to-submit green card application package, assembled precisely how the the government prefers, and mailed to your doorstep Helpful updates on your case status all the way until you get your green card 100% satisfaction guaranteeRead more about \n everything you get by using Boundless!\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \n","excerpt":"How much does it cost to apply for a marriage green card?The total cost of getting a green card through marriage is approximately $1,960 for an applicant living in the United States or $1,400 for an applicant living abroad. This","permalink":"https:\/\/www.boundless.com\/immigration-resources\/marriage-green-card-cost\/"},{"id":24,"title":"What Documents Do We Need for a Marriage Green Card?","subtitle":"The documents needed to apply for green card through marriage","body":"This guide will walk you through the supporting\u00a0documents needed to apply for green card through marriage. For more details on how this process works based on your particular circumstances, check out our start-to-finish marriage green card guides.To complete the family sponsorship form (I-130), you must provide the following documents:Evidence of the sponsor\u2019s U.S. citizenship, such as: U.S. birth certificate Valid U.S. passport Naturalization certificate Certificate of citizenship Consular report of birth abroad Proof that a legally valid marriage exists (for example, a marriage certificate showing the names of both spouses, the place of marriage, and the date of marriage) Proof that the marriage is not fraudulent (for example, a joint lease, joint bank account statements, and pictures together) Proof that any previous marriages for both spouses have been terminated (typically, a divorce document) Evidence of official name changes for both spouses (for example, any adoption documents or court papers regarding a name change)To complete the family sponsorship form (I-130), you must provide the following documents:Evidence of the sponsor\u2019s status as a green card holder (permanent resident), such as: Green card Foreign passport bearing a stamp showing temporary evidence of permanent residencyProof that a legally valid marriage exists (for example, a marriage certificate showing the names of both spouses, the place of marriage, and the date of marriage) Proof that the marriage is not fraudulent (for example, a joint lease, joint bank account statements, and pictures together) Proof that any previous marriages for both spouses have been terminated (typically, a divorce document) Evidence of official name changes for both spouses (for example, any adoption documents or court papers regarding a name change)To complete the green card application form\u00a0(I-485), you must provide the following documents:Proof of the applicant spouse\u2019s nationality (foreign birth certificate and foreign passport) Proof that the applicant spouse entered the United States using a valid visa, demonstrated by a copy of this prior visa and the I-94 travel record (available here) Proof of the sponsoring spouse\u2019s ability to financially support the spouse seeking a green card (copy of the sponsoring spouse\u2019s latest federal income tax returns and pay stubs)\u2014for more details, see our explanation of the \u201cAffidavit of Support.\u201d If the applicant spouse has ever been arrested, proof that there was no conviction (certified copy of the court record)To complete the immigration visa application (DS-260 online form), the applicant spouse must provide the following documents:Proof of your nationality (copy of birth certificate and passport photo page) Copy of your marriage certificate Copy of marriage termination documents (divorce or death certificate), if you had any prior marriages Copy of your military record, if you have served Copy of police certificates showing any past infractions or lack thereof. These certificates, also called \u201cpolice clearance letters,\u201d must be obtained from: Any place in your home country where you lived for at least six months after age 16 Any place outside of your home country where you lived for at least one year after age 16 Any jurisdiction where you\u2019ve ever been arrested or charged with a crime, regardless of how long you lived there or what age you were at the time\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nBoundless can help you obtain a green card through marriage, affordably and confidently. Our award-winning software will walk you through the application process with ease, while a dedicated and independent immigration attorney answers your questions. We also have a free library of immigration guides, such as:Marriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Do I Get with Boundless?What\u2019s an Affidavit of Support?Preparing for the USCIS Spouse Green Card Interview","excerpt":"This guide will walk you through the supporting\u00a0documents needed to apply for green card through marriage. For more details on how this process works based on your particular circumstances, check out our start-to-finish marriage green card guides.","permalink":"https:\/\/www.boundless.com\/immigration-resources\/what-documents-for-marriage-green-card\/"},{"id":25,"title":"What is an Affidavit of Support?","subtitle":"Promising financial support as a green card sponsor","body":"What is an Affidavit of Support?The \u201cAffidavit of Support\u201d is a signed document to accept financial responsibility for a spouse who is seeking a green card. It is also known as U.S. Immigration Form I-864.For simplicity, we\u2019ll call the person signing this Affidavit of Support the \u201cfinancial sponsor.\u201d This is usually (but not always) the same person as the sponsoring spouse.Boundless has prepared a detailed article on the income requirements\u00a0for a financial sponsor. Here is a short summary:The financial sponsor must be a U.S. citizen or U.S. green card holder, at least 18 years old, and living in the United States. The financial sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines. The more people there are in your household, the higher your income will need to be to meet the requirements. The financial sponsor can also use assets (not just income) to meet these requirements. Assets include cash, stocks and bonds, and property (for example, a home). It is possible to have a household member or even a non-family member help meet the income or asset requirements, if the sponsoring spouse does not meet them alone. The spouse seeking the green card (the \u201cbeneficiary\u201d) may also use his or her own income to meet the financial requirements, but only as long as this income will continue from the same source after the green card is obtained.The Affidavit of Support is essentially a contract between the financial sponsor and the U.S. government. The government has the right to recover from the financial sponsor any public benefits (such as food stamps or Medicaid) that the spouse seeking a green card uses after he or she obtains a green card.The financial sponsor\u2019s obligations under the Affidavit of Support end only when one of four things happen:The death of either spouse. The spouse seeking a green card becomes a U.S. citizen. The spouse seeking a green card has worked for 40 quarters in the United States. The spouse seeking a green card moves out of the United States permanently.If you have been a financial sponsor for others in the past (either as the primary sponsor or as a secondary co-sponsor), everyone you sponsored in the past will need to be counted as you get ready to file a new Affidavit of Support\u2014unless one of the events mentioned above has happened and your obligations to that person have ended.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow Long Does It Take to Get a Marriage Green Card?What Are The Costs of a Marriage Visa?About the DS-260 and DS-261 Online FormsPreparing for the Green Card InterviewAbout the Advance Parole Card","excerpt":"What is an Affidavit of Support?The \u201cAffidavit of Support\u201d is a signed document to accept financial responsibility for a spouse who is seeking a green card. It is also known as U.S. Immigration Form I-864.For simplicity, we\u2019ll call the person","permalink":"https:\/\/www.boundless.com\/immigration-resources\/what-is-an-affidavit-of-support\/"},{"id":26,"title":"How Long Does It Take to Get a Marriage Green Card?","subtitle":"The spousal visa process typically takes 10 to 38 months","body":"How long does it take to get a marriage green card? The total wait time for a marriage-based green card ranges between 10 to 38 months, depending on whether you are married to a U.S. citizen or green card holder and where you currently live (not including possible delays). Here\u2019s how long it typically takes to get a marriage green card:Your spouse is a\u2026 You currently live\u2026 You will wait about\u2026 U.S. citizen In the U.S. 10\u201313 months Abroad 11\u201317 months U.S. green card holder In the U.S. 29\u201338 months Abroad 23\u201332 months Keep reading to find out which processing time applies to your own\u00a0marriage-based green card application. For applicants living in the United States, Boundless also has more information about green card processing times by location as well as travel and work permit processing delays.Spouse seeking a green card lives in the U.S. and is married to a U.S. citizenEstablishing the marriage relationship (Form I-130) and applying for a green card at the same time (Form I-485): 9\u201311 months Interview and approval: 1\u20132 monthsTotal estimated time:\u00a010\u201313 months\u00a0(full details here)Boundless takes all the required government forms for your situation and turns them into simple questions you can answer online in under two hours. \n Get started today.Spouse seeking a green card lives in the U.S. and is married to a U.S. green card holderEstablishing the marriage relationship (Form I-130): 11\u201315 months Waiting for green card availability in the visa bulletin: 8\u201310 months Applying for the green card (Form I-485): 9\u201311 months Interview and approval: 1\u20132 monthsTotal estimated time: 29\u201338 months\u00a0(full details here)With Boundless, you get an experienced independent attorney to review all of your materials and answer your questions. \n Ready to start?Spouse seeking a green card lives abroad and is married to a U.S. citizenEstablishing the marriage relationship (Form I-130): 7\u201310 months Applying for the green card (National Visa Center application): 3\u20135 months Interview and approval: 1\u20132 monthsTotal estimated time: 11\u201317 months\u00a0(full details here)Boundless prints out your completed green card application package, assembles it precisely how the government prefers, and mails it to your doorstep. \n Let\u2019s get started.Spouse seeking a green card lives abroad and is married to a U.S. green card holderEstablishing the marriage relationship (Form I-130): 11\u201315 months Waiting for green card availability in the\u00a0visa bulletin: 8\u201310 months Establishing the spouse\u2019s eligibility for a green card (National Visa Center application): 3\u20135 months Interview and approval: 1\u20132 monthsTotal estimated time: 23\u201332 months\u00a0(full details here)With Boundless, your satisfaction is 100% guaranteed. \n See how we help you.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nobtaining a green card\u00a0through marriageMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Much Does a Marriage Green Card Cost?Preparing for the Green Card Interview with USCIS","excerpt":"How long does it take to get a marriage green card? The total wait time for a marriage-based green card ranges between 10 to 38 months, depending on whether you are married to a U.S. citizen or green card holder","permalink":"https:\/\/www.boundless.com\/immigration-resources\/how-long-does-marriage-green-card-take\/"},{"id":27,"title":"Preparing for the Green Card Interview","subtitle":"How to successfully navigate the USCIS or NVC interview","body":"One of the last steps in the marriage green card process is the interview. Although this interview may still be many months or more in the future, we want you to be able to feel confident and prepared.Whether your interview is here in the U.S. or abroad, the interviewing officer\u2019s primary goal will be to assess the authenticity of the marriage. Questions can focus on the history of your relationship, your daily activities as a married couple, and your future plans as a couple.While you and your spouse can never be certain about the questions that the USCIS interviewer is going to ask, below is a list of common interview questions:History of your relationshipHow did you meet? Where were some of your first dates? How long were you dating before you decided to get married? What\u2019s the story of your marriage proposal?The weddingWhat was your wedding like? Who attended your wedding? What food was served? Were there any special rituals performed? Did you go anywhere for your honeymoon?Your daily routinesWhat is daily life like for you and your spouse around the house? How do you start your day? How often do you text or talk on the phone when you are apart? Who likes to cook? Who likes to clean?Stories about your kidsHow do your kids get to school? Who are their friends? What are their favorite foods? Do they play any sports?Personal informationWhat side of the bed do you sleep on? What pajamas do you wear? What medications does your spouse take?Big events, rituals, or celebrationsWhen are your birthdays? What did you do to celebrate? What did you get each other for gifts? What\u2019s the most important holiday of the year in your household? Where do you typically celebrate it?\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationWhat You Get With Boundless ImmigrationMore About the Marriage Green Card InterviewSpouse Visa FeesWhat is an i-485 for a Husband or Wife?","excerpt":"One of the last steps in the marriage green card process is the interview. Although this interview may still be many months or more in the future, we want you to be able to feel confident and prepared.Whether your interview","permalink":"https:\/\/www.boundless.com\/immigration-resources\/preparing-for-the-marriage-green-card-interview\/"},{"id":28,"title":"How is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?","subtitle":"Comparing the pros and cons of visas for fianc\u00e9s vs. spouses","body":"Congratulations on your engagement! If you\u2019re visiting this page, it probably means that either you or your partner isn\u2019t a U.S. citizen, but you are planning on building your life as a married couple in the United States. What\u2019s the best path for you and your fianc\u00e9 or fianc\u00e9e?What is a Fianc\u00e9 Visa?A fianc\u00e9 visa, technically called a K-1 visa, is issued by U.S. Citizenship and Immigration Services (USCIS), a branch of the U.S. Department of Homeland Security.(For simplicity, below we\u2019ll use \u201cfianc\u00e9\u201d to mean either a male or female engaged partner.)Before filing for a fianc\u00e9 visa, a couple must typically have seen each other in person within the previous two years.The foreign partner applying for the fianc\u00e9 visa\u00a0must marry their U.S. citizen partner within 90 days of entry, or depart the United States.Note: If you\u2019re already married, or if your future spouse already lives in the United States, the fianc\u00e9 visa isn\u2019t available. Refer to our explanation of marriage-based green cards for more about that process.How is a Fianc\u00e9 Visa Different from a Marriage Green Card?Fianc\u00e9s of U.S. citizens have two primary options for immigrating to the USA:The future spouse could come to the U.S. on a fianc\u00e9 visa (the \u201cK-1 visa\u201d), which means that the marriage then happens in the United States. Alternatively, you could first get married outside the United States, and the U.S. citizen spouse could sponsor the foreign spouse for a green card (the \u201cI-130 petition,\u201d sometimes also referred to as the \u201cIR1 \/ CR1 process\u201d).For engaged couples, there are advantages and disadvantages to each of these two options. The right choice for your budding family will depend on factors such as where you want to hold your wedding, how quickly the foreign\u00a0fiance\u00e9 or\u00a0fianc\u00e9e wants to come to the United States, and how cost-conscious you are. Read on for a clear comparison of the two processes.Fianc\u00e9 VisaThe K-1 fianc\u00e9 visa is available to fianc\u00e9s of U.S. citizens who are living outside of the United States and intend to get married within 90 days of arriving in the United States. The K-1 fianc\u00e9 visa requirements include:Both you and your fianc\u00e9 must be single and eligible to be married under U.S. law. (This means that same-sex couples are eligible for the K-1 fianc\u00e9 visa, whether or not the foreign spouse\u2019s home country recognizes same-sex marriages.) If you or your fianc\u00e9 have been married previously, you\u2019ll need to provide divorce or death certificates for any previous spouse. The sponsoring partner must be a U.S. citizen. U.S. green card holders are not eligible to apply for fianc\u00e9 visas. You and your fianc\u00e9 must prove that your relationship is authentic\u2014through photos, correspondence, and written statements from people who know you as a couple. It\u2019s generally best to have concrete wedding plans in the United States. You can show this through invitations, venue reservations, or other proof that the wedding is not a vague dream but a specific, planned event.\u00a0Alternatively, you can provide a simple signed statement of your intent to marry within 90 days of arrival. You must have met in person at least once in the past two years. This requirement can be waived for religious practices or in cases of extreme hardship to the U.S. citizen partner. The U.S. citizen partner must meet certain income requirements, earning at least 100% of the federal poverty guidelines when applying for the fianc\u00e9 visa, and earning 125% of these guidelines when the foreign partner applies for his or her green card.Marriage-Based Green CardThe marriage green card process (initiated with an I-130 petition) is open to spouses of U.S. citizens and U.S. green card holders (permanent residents). Requirements include:You and your spouse must have a legally valid marriage, typically proven with a marriage certificate showing the names of both spouses, the place of marriage, and the date of marriage. (The marriages of same-sex couples and heterosexual couples are equally valid under U.S. law.) You must prove that any previous marriages for both spouses have been terminated (typically with a divorce or death certificate). You and your spouse must prove that your marriage is not fraudulent, using evidence like a joint lease, joint bank account statements, and pictures together. The U.S. citizen spouse must earn at least 125% of the federal poverty guidelines.Most engaged couples could potentially meet the requirements for either the K-1 fianc\u00e9 visa or the marriage-based green card, and may choose between these paths based on differences in the timeline and cost.Fianc\u00e9 Visa (K-1)Estimated Fianc\u00e9 visa process time: 13 months to obtain green cardFianc\u00e9 visa cost: $2,025If you decide to apply for a K-1 fianc\u00e9 visa, here\u2019s what the process and timeline will look like:The U.S. citizen partner completes the appropriate government form (I-129F \u2013 \u201cpetition for a K-1 Visa\u201d), and mails it to United States Citizenship and Immigration Services (USCIS), along with the $535 filing fee. Once the petition is approved, the National Visa Center (NVC), which is run by the U.S. State Department, assigns a case number and forwards your paperwork to the U.S. embassy or consulate closest to where the foreign fianc\u00e9 lives. The foreign fianc\u00e9 completes a visa application (Form DS-160), submits it online (or according to the local consulate\u2019s instructions), and pays the $265 visa fee. The foreign fianc\u00e9 goes to an interview at the U.S. embassy or consulate, and presents any requested documents during the interview. The foreign fianc\u00e9 gets a visa stamp in his or her passport and uses it to enter the United States within six months.This part of the process generally takes approximately 7 months. But you\u2019re not done yet! Once the foreign fianc\u00e9 has entered the United States, here are the next steps to keep in mind:The couple gets married within 90 days and files a green card application (Form I-485, technically called an \u201cAdjustment of Status\u201d application), including the $1,140 filing fee and the $85 biometrics fee for fingerprinting. If the foreign partner intends to seek employment or travel outside of the United States while the green card application is being processed, he or she must file for a work permit (\u201cemployment authorization document\u201d) and a travel permit (\u201cadvance parole\u201d).This second part of the process takes approximately 6 months, so the total time from start to green card is around 13 months. The total cost is $2,025, not including any necessary translations, travel to and from the consulate, medical exams, or other minor costs.Marriage-Based Visa (I-130)Estimated time: 10-13\u00a0months to obtain green cardEstimated marriage-based visa cost: $1,200If you and your fianc\u00e9 decide to get married outside of the United States and apply for a marriage-based green card instead of a fianc\u00e9 visa, you can expect a different process and timeline:The first step is to get married! (That\u2019s the fun part.) The U.S. citizen spouse submits the marriage relationship form (I-130 petition) and other required materials to USCIS, along with the $535 filing fee. Once the petition is approved, the National Visa Center (NVC) assigns you a case number and forwards your paperwork to the U.S. embassy or consulate closest to where the foreign spouse lives. You file a green card application package with the NVC, including an online form (DS-260) and the $445 filing fee. The foreign spouse attends an interview at the U.S. embassy or consulate, and presents any requested documents during the interview. If the case is approved, the foreign spouse receives a visa stamp in his or her passport that allows for travel to the United States. At this point you\u2019ll need to pay the $220 Immigrant Fee to USCIS online, ideally after you\u2019ve picked up your visa but before you depart for the United States. The foreign spouse becomes a U.S. permanent resident as soon as he or she enters the United States. Typically 2-3 weeks later, the physical green card is mailed to the couple\u2019s U.S. address.On average, it takes around 10-13 months to complete this marriage-based green card process, and the total cost is $1,200, not including translations, travel to and from the consulate, medical exams, or other minor costs.Marriage Visa vs. Fianc\u00e9 Visa: Which Path Should I Choose?Generally speaking, the K-1 fianc\u00e9 visa makes more sense for engaged couples if one or more of the following is true:You want to be together in the United States as soon as possible\u2014typically 7 months for a fianc\u00e9\u00a0instead of 10-13 months for a spouse. You want to hold your wedding in the United States. There is an impediment to getting married abroad (for example, a same-sex couple where one fianc\u00e9 lives in a country that does not recognize same-sex marriages).On the other hand, the marriage-based green card process generally makes more sense for engaged couples if:You are cost-conscious ($1,200 in fees for a spouse instead of $2,025 in fees for a fianc\u00e9). You want the partner seeking a green card to immediately become a permanent resident when he or she arrives in the United States. You plan to hold your wedding outside of the United States. You don\u2019t mind waiting longer for your partner to arrive in the United States\u2014typically 10-13 months instead of 7 months. (Your spouse can make a temporary visit sooner, but there are special travel considerations to keep in mind.)Both processes result in the foreign partner actually getting the green card about 13 months after the application process starts. In both cases, if you have been married for less than two years at the time the green card is approved, you will need to file another form (the I-751 petition) to \u201cremove the conditions\u201d and obtain a permanent green card.Currently, Boundless can help you complete your marriage green card application, but not a K-1 visa application.\n \n Ready to start your marriage green card application?\n \n \n \n Let\u2019s Go\n \n \n \n Learn what we do for you\n \n \n \nMore information About the Marriage Green Card Path:Marriage Green Cards, ExplainedHow Long Does It Take to Get a Marriage Green Card?What Are The Marriage Green Card Fees?What Documents Do I Need?Income Requirements for Marriage Green Cards","excerpt":"Congratulations on your engagement! If you\u2019re visiting this page, it probably means that either you or your partner isn\u2019t a U.S. citizen, but you are planning on building your life as a married couple in the United States. 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\u2013 \u5bf9\u4e8e\u60f3\u8981\u4e13\u4e1a\u77e5\u8bc6\u7684\u4eba\u6765\u8bf4\u7684\u79fb\u6c11\u5f8b\u5e08\uff0c\u800c\u4e0d\u662f\u4ef7\u683c\u6807\u7b7e\u3002\u7acb\u5373\u5f00\u59cb\u60a8\u7684\u5e94\u7528\u7a0b\u5e8f* \u7ed3\u5a5a\u7eff\u5361\u7533\u8bf7\u662f\u82f1\u6587\u7684\u3002","excerpt":"\u606d\u559c\u60a8\u5df2\u559c\u7ed3\u826f\u7f18!\u5982\u679c\u60a8\u662f\u7f8e\u56fd\u516c\u6c11\u6216\u7eff\u5361\u6301\u6709\u8005\uff08\u5373\u5408\u6cd5\u7684\u6c38\u4e45\u5c45\u6c11\uff09\uff0c\u800c\u60a8\u7684\u914d\u5076\u662f\u5916\u56fd\u516c\u6c11\uff0c\u90a3\u4e48\u60a8\u5fc3\u76ee\u4e2d\u7684\u4e0b\u4e00\u4ef6\u5927\u4e8b\u5c31\u662f\u4e3a\u60a8\u7684\u914d\u5076\u83b7\u5f97\u7eff\u5361\u3002\u4e00\u822c\u6765\u8bf4\uff0c\u4e3a\u5916\u7c4d\u914d\u5076\u7533\u8bf7\u7eff\u5361\u7684\u8fc7\u7a0b\u5305\u62ec\u4e09\u4e2a\u6b65\u9aa4\uff0c\u4e0b\u9762\u662f\u5bf9\u6b64\u8fc7\u7a0b\u7684\u4e00\u4e2a\u6982\u8ff0\u2026","permalink":"https:\/\/www.boundless.com\/immigration-resources\/marriage-based-green-cards-explained-chinese\/"},{"id":293,"title":"Form G-1145, Explained","subtitle":"When you want an e-notification from USCIS that they received and accepted your application.","body":"What is UCIS Form G-1145?Form G-1145 allows you to request that U.S. Citizenship and Immigration Services (USCIS) send you a notification by email and\/or text message once they have received and accepted your application package for processing. That\u2019s why the G-1145 is technically called \u201ce-Notification of Application\/Petition Acceptance\u201d.The G-1145 is a mercifully short supporting form\u2014just two lines on one page!Download form G-1145 (PDF) directly from USCIS. Or fill out your forms the easy way with Boundless.When Should You File Form G-1145?If you are filing a USCIS application package that is sent to a USCIS lockbox\u2014including all marriage green card applications\u2014you should consider filing the G-1145. While the G-1145 is not a required form, filing it will ensure that you get notified as early as possible once USCIS has accepted your application for processing. (Otherwise you\u2019ll have to wait an extra week or more to be notified by mail, which USCIS sends out whether or not you file the G-1145.)When Shouldn\u2019t You File?The G-1145 is only meant to be filed with applications that USCIS accepts for processing at one of its lockboxes (again, this includes all marriage green card applications).You should not file a G-1145 with an application that is being sent directly to a USCIS service center or field office. You could cause delays in application processing by including extra forms that are not appropriate for your application package.Boundless will always help you make sure that only the right forms go in the right package!How Much Does It Cost?There is no fee associated with the G-1145. It\u2019s just an \u201copt-in\u201d formality so that USCIS knows how to contact you via email and\/or text message once your application package is received and accepted for processing.Where Do I File This Form?The G-1145 should be filed with the rest of your green card application package, and where that goes depends on where you live. USCIS provides a chart with all the different scenarios (and Boundless pre-addresses your green card application package to the right one for you).Will I Receive Case Updates If I File the G-1145?No. Form G-1145 results in just one one update from USCIS: the initial message that your application package was accepted for processing. After that, to receive any future case updates directly from USCIS via email or text message, you\u2019d need to sign up for a \u201cmyUSCIS\u201d account and activate case status alerts. Even if you choose not to sign up for these additional email\/text notifications, USCIS will send you the same notifications by mail\u2014it will just take longer. (Either way, Boundless can send you immediate case updates via email and text.)\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nCommon marriage-based immigration formsWork Permit (Form I-765)Affidavit of Support (Form I-864)Online Immigrant Visa Application (Form DS-260)Online Choice of Address and Agent (Form DS-261)Family Sponsorship Petition (Form I-130)Supplemental Information (Form I-130A)Application for \u201cAdjustment of Status\u201d (Form I-485)\u201cAdvance Parole\u201d Travel Document (Form I-131)","excerpt":"What is UCIS Form G-1145?Form G-1145 allows you to request that U.S. Citizenship and Immigration Services (USCIS) send you a notification by email and\/or text message once they have received and accepted your application package for processing. That\u2019s why the","permalink":"https:\/\/www.boundless.com\/immigration-resources\/form-g-1145-explained\/"},{"id":1585,"title":"Immigration Glossary","subtitle":"Definitions and correct spellings for common immigration terms","body":"A B C D E F G H I J K L M N O P Q R S T U V W X Y ZAAadjudicateTo make a decision or determination, usually related to a legal issue or dispute. When an immigration case has been \u201cadjudicated,\u201d this means that an officer has made a decision to either approve or deny the case.BBCCcorrespondenceWritten communication, usually by email or letters, between two or more people or organizations.CRConditional Resident \u2013 Green cards marked \u201cCR1\u201d are issued to spouses who have been married for less than two years at the time their green card was first approved. Two years later, the conditional resident must file Form I-751 to \u201cremove the conditions\u201d and obtain a permanent green card. Learn more about the CR-1 Visa.DDderivativeIn the context of immigration, a derivative is the person whose own status depends on the status of their spouse or parent. For example, having an H-4 visa is only possible for the spouse or child (the \u201cderivative beneficiary\u201d) of an H-1B visa holder (the \u201cprincipal beneficiary\u201d).domicileThe house or apartment where somebody lives and considers to be home.duplicateAn exact copy, or to make an exact copy. In the immigration context, many forms and documents must submitted in duplicate form (in other words, a photocopy instead of the original). Learn how to produce flawless document copies for immigration applications here.EEemigrateTo leave one\u2019s home country in order to live permanently in a new country.escalateTo rapidly accelerate or increase the priority level of a given issue. In the immigration context, issues may be escalated when they need special attention. These issues may be moved ahead in line for faster processing or review by an immigration officer or manager.exclude \/ excludedTo be kept out or not included. In the immigration context, \u201cexclusion\u201d typically refers to a foreign national being denied entry into the United States through a removal procedure.expedite \/ expeditiousTo speed up the progress of something; \u201cexpeditious\u201d means speedy or quick. Under immigration law, certain cases can be expedited, meaning that a decision is reached more quickly than the normal processing time. Here are the latest estimates on how long it takes to get a marriage green card.FFGGgenderIn the context of immigration, gender refers to one\u2019s sex at birth.HHIIINAImmigration and Nationality Act \u2013 the source of U.S. immigration law. Read it here.IRImmediate Relative \u2013 Under U.S. immigration law, \u201cimmediate relatives\u201d are defined as spouses of U.S. citizens, children (who are under 21 years old and unmarried) of U.S. citizens, and parents of U.S. citizens (if the U.S. citizen is at least 21 years old). Green cards marked \u201cIR1\u201d can typically be renewed every 10 years.JJjurisdictionThe geographical area or court system within which a particular part of the government exercises its authority. In the context of immigration, \u201cjurisdiction\u201d generally refers to the specific court that has the power and authority to make decisions on a matter. For example, the U.S. federal court system has jurisdiction over most immigration cases within the United States.KKLLlockboxA lockbox is a central filing location that U.S. Citizenship and Immigration Services (USCIS) uses to take in filing fees more efficiently for certain types of applications. It\u2019s the first destination for an application package, which the lockbox staff then forwards to the proper USCIS service center for full processing. Currently, there are three lockboxes\u2014in Chicago, IL; Phoenix, AZ; and Dallas, TX. (Boundless will always put the right lockbox address on your application package, so you don\u2019t have to worry.)MMmaiden nameA woman\u2019s family name prior to marriage.NNnationalityA person\u2019s country of citizenship, whether by birth or by naturalization.notarizedA notarized document is affirmed by a \u201cnotary public,\u201d which is a person officially authorized to confirm the identity of the person signing the document.OOPPpetitionerA person making a request of the government. In the context of immigration, this is a person (the \u201cpetitioner\u201d) who files an immigration form to request benefits on behalf of another person (the \u201cbeneficiary\u201d).processA series of steps or actions taken to achieve a particular result. In the context of immigration, these are actions (including paperwork, filings, and interviews) necessary when applying for immigration benefits like a visa or citizenship.provinceA region or district within a country, often located outside a large city.QQRRreceiptProof provided for having received a document, payment, or other item. In the immigration context, U.S. Citizenship and Immigration Services (USCIS) will mail a \u201creceipt notice\u201d as proof they successfully received a certain document and or payment.reside \/ residedTo live somewhere.residenceThe place where someone lives (\u201cresides\u201d) and makes their home.retrogressTo go back to a previous state. In the context of immigration, \u201cretrogression\u201d is when somebody\u2019s place in line for a green card moves backward instead of forward.revoke \/ revokedTo cancel, reverse, or take something back. In the context of immigration, for example, the government can revoke a visa if the visa holder is no longer eligible.SSstampA stamp is a marking placed in someone\u2019s passport to allow them to enter the United States as part of a certain category such as a student, temporary worker, or permanent resident.standaloneIn the context of immigration, this refers to a form or application that is filed on its own (alone), and not together with another form or application.statusThe legal category in which someone has been admitted into the United States. While someone is maintaining their immigration \u201cstatus\u201d in the United States, they are subject to various rules, responsibilities, and benefits associated that particular status. Note that \u201cstatus\u201d is different from a \u201cvisa.\u201dTTUUVVvisaA visa gives someone permission to apply to enter the United States. When a visa is approved, a certificate is issued or a stamp is marked in the visa holder\u2019s passport, granting entry into the country. Note that a \u201cvisa\u201d is different from \u201cstatus.\u201dvisa statusThere is technically no such term as \u201cvisa status\u201d in immigration law. See the separate definitions of \u201cvisa\u201d and \u201cstatus.\u201dWWXXxenophobiaA fear or dislike of people from other countries or cultures.YYZZ","excerpt":"A B C D E F G H I J K L M N O P Q R S T U V W X Y Z","permalink":"https:\/\/www.boundless.com\/immigration-resources\/immigration-glossary\/"},{"id":56,"title":"Preparing for the Green Card Medical Exam","subtitle":"Making this required step in the U.S. immigration process as painless as possible. ","body":"What is the medical exam?As part of applying for a marriage-based green card, you\u2019re required to complete a medical examination with a government-authorized doctor. What should you expect?While you might have heard stories about immigrants to the United States being quarantined for health reasons on Ellis Island, rest assured that immigration rules have changed a lot in the past 100 years. There are certainly no more government-mandated quarantines, but there are still some health-related reasons for denying a spousal visa\/marriage green card application.Specifically, the green card medical exam is required to make sure that the spouse seeking a green card doesn\u2019t have any conditions that could make him or her inadmissible to the United States.It\u2019s fairly rare to fail the green card medical exam, and even if you do have a condition that might complicate your green card application, you can often receive a waiver.Proper preparation can make the entire exam less stressful, and also head off any issues that could delay your green card application\u2014or worse, cause a denial of your application.Here\u2019s what to expect as you get ready for the green card medical exam.Who\u2019s the doctor?The medical exam must be performed by either a doctor designated by U.S. Citizenship and Immigration Services (USCIS), if you are applying for a green card from within the United States, or by a doctor authorized by the Department of State, if you are applying from outside the United States.The doctor will not give you a regular medical exam like you would get from your family doctor, nor will he or she give you a \u201cpass or fail\u201d based on your general health. During the marriage visa medical exam, the doctor is looking for specific illnesses or conditions that fall into three categories: communicable diseases, threats to society, and conditions that make it impossible for you to support yourself. The doctor is also checking to make sure you\u2019ve had all the required vaccines.Scheduling the examIf you\u2019re applying for a green card from abroad, the embassy where you\u2019ll attend your green card interview has probably already given you a list of doctors authorized to perform a green card medical exam. If not, you can find an authorized doctor on the State Department\u2019s medical exam information page. You\u2019ll need to choose someone from this list\u2014medical exams are only accepted if they are done by a doctor authorized by the State Department.If you\u2019re in the United States, you can use the USCIS \u201cfind a doctor\u201d tool to locate a nearby doctor who is authorized to perform green card medical exams.When you\u2019re selecting a doctor, you can ask about fees for the medical exam, the doctor\u2019s availability, and whether the doctor accepts your insurance. The price for the exam can vary by hundreds of dollars, but the exam will be the same regardless of how much it costs.What to bringHaving all of your documents ready can help the medical exam go smoothly. Here\u2019s what you should have:Your vaccination records A copy of your medical history Copies of any chest X-rays, if you\u2019ve had them A letter from your regular doctor outlining the treatment plan for any health problems you may have Photo identification, such as your passportDuring the examThe doctor will review your immunization and medical history with you, and ask both general questions and specific questions based on your health.You\u2019ll get a basic check-up as well as a skin test for tuberculosis, a blood test for syphilis, and a urine test for gonorrhea. You will have to return to the clinic 48-72 hours after the initial exam to get your tuberculosis skin test read, so it\u2019s a good idea to schedule accordingly.If there are any required vaccines that you haven\u2019t had, the doctor should be able to give you the vaccines during the visit.In addition to the tests and vaccines, the doctor will ask questions about any prescription drugs you take, as well as your past and present drug and alcohol use.After the examWhen you come back to get your tuberculosis test read, the doctor will provide your medical exam form (technically, Form I-693) in a sealed envelope. You can ask the doctor to give you a copy for your records before he or she seals the envelope because you must send the sealed, unopened envelope to USCIS (if applying from within the United States) or bring it to your visa interview (if applying from abroad). So if you want a record of your medical exam (which is always a good idea), you need to have the doctor make a copy before sealing the envelope.During the exam, the doctor\u2019s job is to make sure that you don\u2019t pose a threat to people in the United States. Here are the main reasons a person might be denied a green card for health reasons:Communicable diseases. If you have active, untreated, and infectious gonorrhea, leprosy, syphilis, or tuberculosis, you will be unable to get a green card until the disease has been treated and\/or cured. Drug and alcohol abuse. If you have a history of drug abuse, you might be asked to take a drug test and\/or certify that you have completed a drug treatment program. If you\u2019re currently abusing prescription drugs, illegal drugs, or alcohol, you are not allowed to get a green card. Mental illness with history or threat of violence. If you have a mental illness that has caused you to be violent in the past or is associated with violence, either against yourself or others, you may have trouble getting a green card. According to USCIS policy, drunk driving falls into this category. Inability to work. If your health is so poor that you won\u2019t be able to support yourself financially, you could be denied a green card based on concern that you would become a public charge. This might be the case for people with serious degenerative or fatal diseases.You should NOT be denied a green card on medical grounds if you have a cold, you have a chronic but well-managed disease such as diabetes or heart disease, you are HIV-positive, or you have previously had one of the communicable diseases listed above (but you\u2019ve since been cured).Here are some options for those with a health-related condition that could lead to the denial of a green card:If you\u2019ve tested positive for gonorrhea, syphilis, leprosy, or tuberculosis in the past, it\u2019s important to show USCIS or the State Department that you have been successfully treated. Typically the best way to do that is to bring copies of your medical records showing the treatment you received and the results of that treatment, as well as a statement from your regular doctor confirming that your disease is either cured or being managed. If you have any history of drug abuse or mental illness, it\u2019s also important to bring proof to the medical exam that your drug addiction has been treated or that your mental health is under control. If you have any other potentially serious disease, it\u2019s good practice to get a letter from your regular doctor explaining how your disease is controlled and how your life is affected\u2014including how your illness impacts your ability to work, if at all. You can also apply for a \u201cwaiver of inadmissibility\u201d if your green card application is denied for health reasons. USCIS will generally consult with the Centers for Disease Control (CDC) to determine if a waiver should be granted. USCIS can also attach conditions to the grant of a waiver as they see fit. For example, a condition of granting a waiver for an applicant with tuberculosis, could be that the applicant must agree to see a doctor immediately upon admission and make arrangements to receive treatment for tuberculosis. USCIS may deny a waiver if the applicant openly states that he or she is unwilling to obtain treatment for their medical condition.The medical exam is an important requirement on your way to getting a green card, but it doesn\u2019t have to be stressful. With proper preparation, you can avoid unpleasant surprises and be one step closer to a green card.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support? U.S.Preparing for the Green Card Interview","excerpt":"What is the medical exam?As part of applying for a marriage-based green card, you\u2019re required to complete a medical examination with a government-authorized doctor. What should you expect?While you might have heard stories about immigrants to the United States being","permalink":"https:\/\/www.boundless.com\/immigration-resources\/preparing-for-the-medical-exam\/"},{"id":58,"title":"The \"Advance Parole\u201d Travel Document","subtitle":"Traveling abroad while awaiting your green card","body":"The travel document allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application.The entire marriage-based green card process generally takes about 10-13 months for the spouse of a U.S. citizen living in the United States, from the day you mail off your application package to the day you receive your green card in the mail. For spouses of U.S. green card holders, this process can take nearly three years.That is a long time to avoid leaving the United States, especially if you have family or business ties abroad\u2014or if you just like to travel. But make no mistake:Your green card application will be terminated if you leave the United States while that application is pending, unless you have a valid travel document at the time you leave the country.Even if you don\u2019t have any specific travel plans, it\u2019s a good idea to apply for a travel document at the same time you first submit your marriage-based green card application. Then, if you do need to travel for a family emergency, a business opportunity, or any other reason, you won\u2019t need to decline because of your pending green card application.Why you need a travel documentThe travel document provides someone living in the United States with \u201cadvance parole.\u201d (This has nothing to do with the \u201cparole\u201d you hear about in an episode of Law & Order. In the context of immigration law, \u201cadvance parole\u201d is just a technical way of saying \u201cpermission ahead of time to re-enter the United States.\u201d)If you leave the United States while your green card application is pending and you don\u2019t have a travel document, U.S. Citizenship and Immigration Services (USCIS) will consider your green card application abandoned and will deny it. At best, that means you\u2019ll have to redo all of the paperwork and pay the fees a second time. At worst, you could find yourself unable to re-enter the United States.When and how to apply for a travel documentThe fastest, cheapest, and easiest way to apply for a travel document is as part of the original green card application package you send to USCIS, by including Form I-131 (\u201cApplication for Travel Document\u201d) along with the main forms (I-130 and I-485).You must attach a copy of your photo identification (such as a copy of the photo page of your passport) to the travel document application, as well as two passport-sized photos. There is no additional fee if you submit your travel document application (Form I-131) at the same time as your initial application for a green card (Form I-485, filed anytime after July 30, 2007).If you\u2019ve already submitted your green card application, you can still get a travel document that will allow you to leave the United States without paying an additional fee. In this case, when you file Form I-131 with USCIS, include a copy of your photo ID, two passport-sized photos, and a copy of the receipt notice showing that USCIS previously received your green card application including the full application fee.Travel restrictions and renewing your travel documentIt\u2019s essential that you don\u2019t leave the United States until you\u2019ve actually received your travel document, but otherwise there are no travel restrictions for marriage-based green card applicants. You can only remain outside the United States, however, as long as you re-enter the U.S. before the expiration date printed on your travel document.The travel document is valid for one year after it\u2019s issued, typically within 90 days after you submit your application materials to USCIS. If you haven\u2019t received your green card yet and you plan to travel after that year has elapsed, it\u2019s important to renew your travel document in a timely fashion. You file a renewal application as early as 120 days before your current travel document expires, and it\u2019s a good idea to submit the renewal as early as possible. The renewal travel document is usually processed within 90 days. It\u2019s important to plan ahead to avoid gaps in your ability to travel.To renew your travel document, submit Form I-131 with a copy of your current travel document, a copy of the receipt notice from your green card application, and two passport-sized photos. There is no additional fee.Important note: The typical 90-day processing time for a travel permit application (Form I-131) may be on the rise, to as much as 150 days. See details here.EmergenciesIt is possible to get an expedited travel document if you need to travel because of an emergency. USCIS issues emergency travel documents in situations like the death or sudden illness of a family member abroad. If you find yourself in this situation, you can make an appointment with your local USCIS office. You should bring your completed I-131, two passport photos, and evidence to prove that you have an urgent need to travel. This evidence might be a death certificate, medical records, or a signed letter from your family member\u2019s doctor. There is no additional fee for an emergency travel document.Planning your tripThe travel document usually arrives within 90 days after you submit your application. (But again, note that\u00a0this processing time may be on the rise, to as much as 150 days; see details here.) You can\u2019t leave the country until you have your approved travel document in hand, so you should expect to spend the 3\u20135 months after submitting your green card application in the United States.Theoretically, you could be out of the United States for as long as you have a travel document (one year plus renewals). In practice, however, that\u2019s not possible, because then you would miss your fingerprinting and green card interview appointments. If you find that you are unable to attend your fingerprinting or interview appointment, you should promptly follow the rescheduling instructions printed on the USCIS appointment notice.In general, it\u2019s a good idea to make arrangements to be alerted of any USCIS notices that are sent to you while you are abroad. (For example, you can ask a friend or a neighbor to inform you of any USCIS notices you receive by mail.)Returning to the United States with a travel documentEven after you have submitted your green card application, you are still not a permanent resident of the United States. When you re-enter the United States, you\u2019ll be considered an \u201carriving alien.\u201d It\u2019s fairly common for people with travel documents to be pulled aside for secondary inspection. Don\u2019t be alarmed if that happens\u2014the border agent is likely just verifying that you have a pending green card application.Travel documents do not guarantee that the border agent will allow you back into the United States, however. If you have any reason to suspect that you might be turned away at the border, you should carefully consider whether or not you need to travel before your green card application has been approved.For example, If you have been in the United States for any amount of time without legal immigration status, then leaving the United States under most circumstances will trigger a bar from re-entering the United States for either three or ten years, depending on how long you were in the United States without status. If you\u2019re in this situation, it is a good idea to avoid travel until you have a green card.In summary, there is really no downside to applying for a travel document at the same time you submit your green card application, so you should do so even if you don\u2019t have any specific travel plans.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support? U.S. Immigration Help for SpousesPreparing for the Green Card Interview\u2014U.S. Immigration Help","excerpt":"The travel document allows someone living in the U.S. while awaiting their green card to travel abroad without nullifying their green card application.The entire marriage-based green card process generally takes about 10-13 months for the spouse of a U.S. citizen","permalink":"https:\/\/www.boundless.com\/immigration-resources\/the-advance-parole-travel-document-explained\/"},{"id":59,"title":"Immigration Work Permit: Form I-765, Application for Employment Authorization Document (AED)","subtitle":"How to obtain an Employment Authorization Document (EAD)","body":"The ability to work not only allows you to support yourself and your family financially, but can also be important to your sense of self-esteem. If you\u2019re applying for a marriage-based green card from within the United States, you might be eager to start or continue your professional life here. If you want to work while you\u2019re waiting out the 10\u00a0months or more\u00a0for your marriage-based green card application to be processed, however, you\u2019ll need a work permit, also called an Employment Authorization Document (EAD).(If you\u2019re applying for a marriage-based green card\u00a0from abroad, you can\u2019t get a separate work permit ahead of time\u2014your work authorization simply begins once you enter the United States and receive your green card.)Working in the United States without authorization is taken quite seriously by U.S. Citizenship and Immigration Services (USCIS), and doing so could put your entire green card application at risk. It\u2019s important to remember that just because you have legal status to be present in the United States does not automatically mean that you have permission to work.Unless you have some other immigration status that allows you to work (e.g. H-1B), it\u2019s important that you don\u2019t do any kind of paid work until your work permit has arrived.The good news is that getting a work permit is a relatively easy process, especially if you file the work permit application at the same time as the rest of your marriage-based green card application. Here\u2019s what you need to know about getting permission to work in the United States while you\u2019re waiting for your green card.When and how to apply for a work permitYou apply for a work permit with USCIS Form I-765 (\u201cApplication for Employment Authorization\u201d). You can file this form along with your marriage-based green card application (Form I-485) or at any time after you\u2019ve gotten a notice that USCIS has received your green card application. If you apply for a work permit in the same package with your green card application, you simply need to include a completed Form I-765 and two passport-sized photos. There is no fee for filing a work permit application if it is included in the same package as your green card application (as long as your I-485 was filed after July 30, 2007).Even if you\u2019ve already submitted your green card application, you can still apply for a work permit by filing Form I-765 along with a copy of the notice from USCIS showing that your green card application (including the I-485 filing fee) was received.How long does it take to get a work permit?In general, it takes around 3 months (90 days) for USCIS to process work permit applications. However, I-765 processing time has been taking longer recently\u2014often to 4.5\u20135 months (135\u2013150 days) to process, or in some cases up to 7 months (210 days). Read more about these work permit processing delays.Who is not eligible for a work permit?According to USCIS, if you are eligible for a marriage-based green card, you are also eligible for a work permit. As long as you have a pending green card application (Form I-485), you may apply for the work permit.What are the reasons for denial of a work permit in the USA? There are two primary reasons that your work permit might be denied. The first is if you filled out the work permit application form (I-485) incorrectly, forgot to sign it, or left out a required element (for example, if you applied for the work permit after your green card application, and you failed to include a copy of the original USCIS receipt notice). The second, less common reason for denial is that your green card application is processed so quickly that you already have an approved green card before your work permit application is finished being processed. This is a good (if rare) problem to have, since once you have a green card, you don\u2019t need a separate work permit in order to legally work.What if you already have work authorization?It\u2019s not uncommon for someone who came to the United States as a student or through a temporary work visa to meet and fall in love with their spouse in the United States. If you are already working in the United States with a valid H-1B visa, through the Optional Practical Training (OPT) program for recent graduates, or through any other work visa, you don\u2019t have to stop working just because you\u2019re applying for a green card. But it\u2019s still a good idea to submit an application for a work permit when you apply for your marriage-based green card. That\u2019s because there are no obvious disadvantages to having two types of work authorization at the same time, and having a work permit based on your green card application gives you peace of mind\u2014for example, in case your H-1B visa isn\u2019t renewed, or if you\u2019d like to switch employers or start your own business. The work permit based on your green card application is an \u201copen market\u201d Employment Authorization Document\u2014that is, it doesn\u2019t tie you to one particular sponsoring employer.Renewing your work permitIt\u2019s important to avoid any gaps in employment authorization, and to remember that your immigration work permit only lasts one year. Fortunately, you can apply for a renewal work permit as early as 120 days (4 months) before your current one expires. To be on the safe side, it\u2019s a good idea to renew as early as possible, even if you expect that your green card will be approved before your current work permit expires. Remember\u2014if your work permit expires before your green card application is approved and you haven\u2019t renewed it, you\u2019ll be forced to take a vacation from any income-producing activities, whether you\u2019re an employee or if you own a business. To renew your work permit, you will file another Form I-765 with a copy of the USCIS receipt notice showing that you have a pending green card application. You\u2019ll also need to include a copy of your current work permit and two passport-sized photos. Renewal work permits generally take about 90 days to process, so again, it\u2019s important to start the renewal process early. (Again, note that\u00a0this processing time may be on the rise, to 150 days or longer;\u00a0see details here.)Getting ready to\u00a0workIf you\u2019ve never worked in the United States before, you\u2019ll need to get a Social Security number (SSN) as soon as you get your work permit. Under the previous Form I-765, obtaining a Social Security Number could not be done through the work permit application itself. You had to go to your local Social Security Administration office, fill out the application for a Social Security number, and show the officer your passport and your work permit. Your Social Security card would then be mailed to whatever address you provided on your application form. Fortunately, in late 2017 USCIS introduced a new and improved Form I-765, which now allows you to apply for a Social Security number or replacement Social Security card directly through the work permit application itself, without having to visit the local Social Security Administration office. Although it is not required that you apply for a Social Security number using the revised form, doing so will save you a lot of time and paperwork. (Note that beginning on December 4, 2017, USCIS is not accepting the old Form I-765.) When you start work, your employer is required to have you complete an I-9 form and to show proof that you are allowed to work in the United States. As long as you have a social security number and a work permit, it\u2019s illegal for employers in the United States to discriminate against you because of your immigration status. You\u2019ll be required to pay payroll and income taxes in the United States, just like everyone else.Failure to pay required taxes can result in many serious penalties\u00a0and can jeopardize any future application for U.S. citizenship.Consequences of Working Without AuthorizationWorking in the United States without a work permit can put your entire green card application at risk. USCIS will closely scrutinize any green card application from an applicant who has previously worked without authorization. USCIS can overlook unauthorized employment only in some very specific situations\u2014for example, spouses of U.S. citizens who have previously worked without authorization will not be barred from receiving a green card. The penalties for working without authorization include being barred from entering the United States for three or ten years, depending on how long you were working without a permit. For example, if you work without authorization while in the United States on a tourist visa and later apply for a student visa, your unauthorized employment will make you ineligible for that student visa. You are required to have a work permit even for short-term or informal employment. Getting paid for even just a few hours of work without authorization can cause serious immigration problems in the future. Fortunately, applying for a work permit is relatively easy, especially if you submit the application at the same time as your green card application. Having a work permit means you\u2019ll be able to start (or continue) your career in the United States well before your green card application is processed. Even if you\u2019re unsure whether you\u2019ll be working in future, it\u2019s a good idea to apply for a work permit in case an excellent professional opportunity comes along!\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"The ability to work not only allows you to support yourself and your family financially, but can also be important to your sense of self-esteem. If you\u2019re applying for a marriage-based green card from within the United States, you might","permalink":"https:\/\/www.boundless.com\/immigration-resources\/the-work-permit-explained\/"},{"id":2622,"title":"Translating Your Immigration Documents into English","subtitle":"How to get a certified translation of a foreign-language document","body":"How do you get a certified translation of a document that is not in English?As part of the marriage-based green card process, you\u2019ll need to submit documented evidence supporting your application. If any supporting document is not written in English, you must provide a certified translation. This guide will walk you through the process of properly obtaining and submitting a certified translation.Which documents need to be translated into English?Any document that the U.S. government requires for a marriage-based green card application must be translated into English \u2014 whether that document applies to the sponsoring spouse or the spouse seeking the green card. Some examples include:Birth certificate (this is the most common document needing translation) Marriage certificate Divorce papers (if you were previously married) Police records Bank statementsFor a more detailed list, please see the Boundless guide to documents required for a marriage-based green card.Who is qualified to translate a foreign-language document into English?Any person who considers themselves competent in both English and the document\u2019s original language (such as Mandarin or Spanish) can be the certified translator. Even you or your spouse may choose to be your own translators but only if you can certify that you are truly competent in both languages. (See below for a full explanation of the certification requirement.)Should the translation be typed, or can it be handwritten?The translation itself must be typed. It must also be accompanied by a certification letter from the translator (see below for more details). Although technically it\u2019s allowed for that certification letter to be handwritten, it\u2019s best to type it up \u2014 nobody wants a green card application delay due to poor-quality documents.Does the translation need to be notarized?The government\u2019s official rules do not formally require a translation to be notarized. According to the U.S. Department of State\u2019s website, however, \u201cthe certification of the translator\u2019s credentials is usually notarized.\u201d In other words, it\u2019s generally a good idea to have the certification letter notarized if possible.At what stage are translations required?Most supporting documents, along with any necessary translations, are submitted as part of the initial green card application package. However, you may need to submit your documents at other stages of the green card application process, such as if the government sends extra questions through a request for evidence (RFE). You will also bring original copies of your documentation, including translations, when you attend the green card interview.How much does a translation cost?If you don\u2019t have a friend or family member doing your translations for free, prices will vary significantly by location, service provider, and the number of documents and their complexity. In the United States, however, $20-40 per page is not uncommon for professional translation services (see list of services below).With Boundless, you get an independent immigration attorney who will review your application and answer all of your questions.\n Learn more about what you get with Boundless, or\n start your application.Don\u2019t panic! Although the government requires a translated document to be \u201ccertified,\u201d it does not require the person performing the translation to be officially credentialed in translation services. In other words, the translator doesn\u2019t need to be a professional, just competent in English and the foreign language in which your document was originally written.For a document to be considered \u201ccertified,\u201d the person who translated it into English must write a formal letter stating that they:Are qualified to translate the document because they are competent in both English and the document\u2019s original language. Translated the document accurately and completely to the best of their abilities.In addition, the letter must include the following information about the translator:Full name Address Signature Date they wrote the letterYou must submit this certification letter with the translations and photocopies of the untranslated documents.Sample certification letterCertification by TranslatorI, [full name], certify that I am [fluent or conversant] in English and [foreign language], and that the above\/attached document is an accurate translation of the enclosed document titled [name of document].______________________________Signature[Date][Translator\u2019s Full Name][Translator\u2019s Address]To ensure accuracy and avoid complications with your marriage-based green card application, it\u2019s generally best to seek the services of a reputable and professional translator, preferably one who is experienced in translating documents for immigration purposes. Again, Boundless does not currently provide such services.Your document is an abbreviated version of the originalIf you need to request an official document from a government agency or other official record-keeper, you may receive an \u201cextract\u201d (or abbreviated) version of the document. This is a common practice in countries where documents were originally issued with information that is relevant only to their office or government. The abbreviated version omits the extra information.USCIS and the State Department will accept an official extract version, as long as it was prepared by an authorized official and has all the information necessary to decide on a green card application. (For example, an acceptable extracted birth certificate would fully identify your parents, while the government would most likely reject an extracted birth certificate that listed only your name and date and place of birth.) It\u2019s important to have a faithful translation of the whole document, whether or not it\u2019s an official extracted version \u2014 the translator isn\u2019t allowed to make their own abbreviations.Although Boundless does not currently offer translation services, the following providers are either highly rated by Google users or have been reported by our customers as providing satisfactory service. Neither Boundless nor the U.S. government endorses these providers, which are displayed here by popular demand and for informational purposes only.Translation Services Provider Name Cost Day Translations Fees vary ImmiTranslate $25 per page (250 words or fewer) JR Language Starting at $58 (additional costs for extra services) Rev.com $33 per page (250 words or fewer) RushTranslate $25 per page (250 words or fewer) Silvergate Evaluations $0.18 per word ($100 minimum) or $0.22 per word for next-day service ($150 minimum) Straker Translations $96 per document Universal Translation Services $20 per page (200 words or fewer) or $0.12 per word (more than 200 words) \n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationWhat Documents Do We Need for a Marriage Green Card?Understanding a Request for Evidence (RFE)Preventing a Request for Evidence (RFE)Creating Flawless Digital Documents","excerpt":"How do you get a certified translation of a document that is not in English?As part of the marriage-based green card process, you\u2019ll need to submit documented evidence supporting your application. If any supporting document is not written in English,","permalink":"https:\/\/www.boundless.com\/immigration-resources\/translating-immigration-documents-english\/"},{"id":2632,"title":"Completing Your Address History on a Green Card Application","subtitle":"How to confidently and accurately provide your record of physical addresses","body":"What address history is required for a green card application?When applying for a marriage-based green card, you\u2019ll need to provide your address history for the past five years to the U.S. government. If you\u2019re applying from abroad, you\u2019ll need to remember all of the addresses where you\u2019ve lived since age 16.This task should be simple if you\u2019ve lived in the same place all these years. But what if you\u2019ve moved enough times to forget some of your previous addresses or exactly when you lived at each one? In this guide, we\u2019ll review how accurate you\u2019re generally expected to be when providing your address history. We\u2019ll also provide some useful tips for remembering your old addresses.Boundless makes it easy to complete your green card application, including your address history. \n Learn how we can help you, or \n get started now.Both the spouse seeking a green card and sponsoring spouse must provide their address history on the appropriate form. The following table lists the forms where spouses will enter their current and previous addresses:Which form? Whose address history? For which years? Family Sponsorship Form (I-130) Sponsoring spouse (U.S. citizen or green card holder) Past 5 years Supplemental Information Form (I-130A) Green card applicant living abroad or in the U.S. Past 5 years Green Card Application (I-485) Green card applicant living in the U.S. Past 5 years Online Green Card Application (DS-260) Green card applicant living abroad Age 16 until now U.S. Citizenship and Immigration Services (USCIS) provides official instructions for completing the \u201cAddress History\u201d section of the I-130, I-130A, and I-485 forms. The upshot is that you must include the start and end dates (month\/day\/year) that you physically lived at each address \u2014 whether in the United States or abroad \u2014 during the past five years. If you have lived abroad at any time during those five years, you must also list your last physical address outside the United States where you spent more than one year (you may need to enter this address twice in the same section).USCIS suggests providing an approximate date and including an explanation if you can\u2019t remember the exact date.As for the State Department\u2019s online\u00a0DS-260\u00a0form, the National Visa Center (NVC) requires only the months and years that the green card applicant lived at each address \u2014 but starting at age 16.Note that a \u201cphysical address\u201d is a place where you actually lived \u2014 not a post office box or other address used just for receiving mail.If you can\u2019t recall certain previous addresses or dates, don\u2019t panic. Historically speaking, the U.S. government has generally allowed some flexibility on this portion of the green card application. After all, many people don\u2019t keep perfect records of old addresses and moving dates, especially if they\u2019ve moved frequently, which is typical of individuals who serve in the military.That said, you should treat this section of the application with reasonable care. If you have a lot of unexplained gaps in your address history, your green card application could be delayed or even denied. And accuracy is extremely important when supplying any information to the U.S. government. Near the end of every form, you\u2019ll sign a sworn statement attesting to the truthfulness of your answers. Intentionally providing false information \u2014 formally known as \u201cperjury,\u201d or lying under oath \u2014 is a criminal offense.In other words, you should do your best to give a complete and accurate address history. If you can\u2019t avoid a gap or two in your address history, there are three outcomes you may anticipate from the U.S. government that are less severe than an outright denial:They may accept your address history without question. They may ask you to amend your application with a more complete address history by sending an official request for evidence, or RFE (although this is relatively rare). They may ask about the gaps during your green card interview.It\u2019s always a good idea to either explain any gaps on your forms or eliminate gaps altogether by searching for your old addresses (see below for tips).Boundless can help you easily manage your address history to check for any gaps. \n Learn more, or \n get started!If you\u2019re having trouble recalling previous addresses, you\u2019re not alone. This can be tough if you\u2019ve relocated multiple times over the years and haven\u2019t kept a perfect record of each place where you\u2019ve lived.But there are simple ways to help jog your memory. If you\u2019re having trouble remembering an on old address, try one of these methods:Check your free credit report: Go to AnnualCreditReport.com, a government-endorsed website, and pull your free credit report (provided by each of the three major credit bureaus once per year). Each credit report contains a list of previous addresses based on credit accounts, such as credit cards and loans, that you\u2019ve opened in the past seven to 10 years. Keep in mind, however, that these reports will only list where you\u2019ve lived, not when.If you\u2019ve never opened a credit account before, you can request a different type of consumer report from an agency that tracks your financial activity. You must pay for access to these reports, however, and the cost will vary by reporting agency.Dig through your order history: If you\u2019ve made purchases from the same online retailers, such as Amazon or eBay, for the past several years, you can check your order history for addresses you\u2019ve used.Look at your income tax returns: Besides needing to provide a photocopy of your most recent federal income tax return with your financial support form (I-864), you can also use your returns to find your address \u2014 often your home address \u2014 during a particular filing year.Search other old records: If you live abroad, or previously did, you may not have filed a U.S. tax return or have a credit record to help you track down an old address. In this situation, you may have better luck looking through old documents, such as bank statements, employment contracts, medical records, and school files.Have a question about your address history? With Boundless, you get an independent immigration attorney who will answer all of your questions and review your entire green card application. \n Get started today.\n\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \n\nRelated InformationTranslating Your Immigration Documents into EnglishWhat Documents Do We Need for a Marriage Green Card?Online Choice of Address and Agent (Form DS-261)Understanding a Request for Evidence (RFE)Preventing a Request for Evidence (RFE)Creating Flawless Digital Documents","excerpt":"What address history is required for a green card application?When applying for a marriage-based green card, you\u2019ll need to provide your address history for the past five years to the U.S. government. If you\u2019re applying from abroad, you\u2019ll need to","permalink":"https:\/\/www.boundless.com\/immigration-resources\/completing-your-address-history-on-a-green-card-application\/"},{"id":80,"title":"Avoiding Immigration Scams","subtitle":"Common immigration scams and how to avoid them","body":"Immigration scams can cost you money immediately, cause serious immigration consequences, or lead to identity theft that could have a long-term impact on your financial well-being.Unfortunately, many factors make immigrants a frequent target for scammers. Many immigrants are anxious about the immigration process, unsure if they qualify for green cards or other visas, and unfamiliar with how the U.S. government conducts business. And many immigrants don\u2019t speak English as their first language, or aren\u2019t deeply familiar with cultural norms in the United States.If you have any doubts about whether someone claiming to be from U.S. Citizenship and Immigration Services (USCIS) is an imposter, you should contact USCIS customer service at 800-375-5283.There are scammers who target immigrants at all steps of the immigration process. Here are some common scams and how you can avoid them.One of the most persistent immigration scams involves unqualified and unscrupulous individuals who offer to help immigrants file paperwork with the government in return for a large fee\u2014but then either never file the paperwork, or apply for immigration benefits that their \u201cclients\u201d are not eligible for, often creating more immigration problems for their victims.One especially deceptive advertising tactic used by many such individuals is to call themselves \u201cnotario,\u201d \u201cnotario p\u00fablico,\u201d or \u201cnotary public.\u201d In Latin America and Europe, a \u201cnotario\u201d or notary public often refers to someone who has a high level of education and the equivalent of a license to practice law. In the United States, however, a notary public is someone who is simply licensed to witness signatures, and the designation carries no specific educational requirements. Thus many scammers use terms like \u201cnotario\u201d to pose as lawyers, when in fact they have little or no legal training.According to USCIS, there are only two kinds of \u201cauthorized immigration service providers\u201d who are allowed to provide legal advice about your specific immigration case and communicate with USCIS on your behalf:Licensed attorneys in good standing: If you choose to work with a lawyer, he or she must be licensed to practice law by at least one state (check here), and must not appear on the Department of Justice (DOJ) list of badly behaving attorneys (check here).Accredited non-lawyers: Within DOJ, the Executive Office for Immigration Review (EOIR) recognizes certain nonprofit organizations that are allowed to provide legal services. Any non-lawyer within such an organization must appear on this DOJ list of accredited representatives.Resources for finding authorized legal help include the DOJ\u2019s list of free (pro bono) immigration lawyers, this nonprofit directory of legal aid organizations, and the American Immigration Lawyers Association lawyer search tool.Even after you\u2019ve checked to make sure you\u2019re working with an authorized legal services provider, it\u2019s always a good idea to make sure you understand their process, timeline, and fee structure before getting started.(Boundless is not a law firm\u2014we help you complete and file your own green card application, and we connect you with an independent immigration attorney to provide legal advice.)The other major type of immigration scam is people and websites pretending to be from government agencies, typically USCIS or Immigration and Customs Enforcement (ICE).When scammers impersonate a USCIS or ICE official, they often call, email, or visit the victim and tell him or her that there is a problem with his or her immigration status. The scammers will then offer to \u201cfix\u201d the problem in return for a fee. The scammers may falsely threaten that failure to pay the fee will result in a visa application being denied, or even in deportation.While these imposter scams often focus on getting an immediate payment, there are also scams that simply collect or \u201cverify\u201d personal information like names, dates of birth, social security numbers, and addresses\u2014all of which can then be used to steal the victim\u2019s identity.Here are some specific scams that have been reported in recent years:Phone scams: The victim gets a phone call that appears to be from the Department of Homeland Security (DHS) hotline number or from a USCIS local office number\u2014but the real phone number is hidden. In one version of this \u201cspoofing\u201d scam, the scammer says that he or she is from \u201cU.S. Immigration,\u201d and requests personal information or asks for payment. Remember, USCIS will not ask for personal information over the phone, and DHS never uses its hotline number for outgoing calls.Deportation threats: In an attempt to cash in on the fear of deportation, fake \u201cICE agents\u201d knock on immigrants\u2019 doors, give them fake warrants, or accost them on the streets, threatening to deport them if they fail to pay hundreds or thousands of dollars. Real ICE agents will not allow you to avoid arrest in exchange for money.Diversity visa scam: The victim gets an email that impersonates the U.S. State Department and claims that he or she has won the diversity visa lottery. This scam usually asks the victim to send money via Western Union in order to \u201cprocess the visa application\u201d\u2014which the real State Department would never do.Scam websites: The victim is encouraged to file immigration paperwork and pay USCIS fees through a website with a logo and a web address similar to official U.S. government websites. These \u201ccopycat\u201d websites lead immigrants to believe that they are paying a government filing fee to USCIS, when in fact the money is going to the scammers operating the website. Scam websites will also sometimes claim to file immigration forms directly with USCIS, leading victims to believe that their immigration paperwork is being processed by the government when it was actually never submitted.Fortunately, spotting immigration scams isn\u2019t too difficult if you know what to look for. Here are some top signs that you\u2019re dealing with a scammer:The news is too good to be true. For example, if other attorneys have said that you don\u2019t qualify for a green card, but this one says it will be no problem, it might be a scam. Likewise, you won\u2019t be able to avoid deportation by paying ICE officials a few hundred dollars (or any amount, in fact).Any \u201cguarantee\u201d of a specific result. Qualified immigration attorneys and representatives know that each case is unique, and that there is never an absolute \u201cguarantee\u201d that the applicant will receive the green card or other immigration benefit that he or she is seeking.No explanation of the process or your eligibility. Scammers will often simply promise that you\u2019ll get a green card or a work permit, asking for individual pieces of information or documents without explaining how the process works or why you are eligible in the first place.Communicating in a way that the government never would. First of all, any official U.S. government website or email address should always end in \u201c.gov\u201d\u2014if not, and the website or email claims to be from the government, it\u2019s probably a scam. Likewise, USCIS will never call you to request information about your case.Strange payments. Only a scammer would ask you to pay a fee in a strange way, such as through Western Union, PayPal, or even an iTunes gift card. In fact, USCIS has clear fee instructions for paying by a check or money order made out to \u201cU.S. Department of Homeland Security.\u201d If you failed to pay a required government fee with your application, USCIS will return your application to you to be refiled, but will never call or email requesting payment. There are some specific circumstances where you can use a credit card to pay USCIS fees, but you should never be asked to do so over the phone or in an email.If you\u2019ve either been the victim of a scam or have been contacted by someone you think is a scammer, you should immediately report it to both your state authorities and the Federal Trade Commission.If you receive a suspicious email, don\u2019t respond to it\u2014but do forward it to the USCIS Webmaster (USCIS.Webmaster@uscis.dhs.gov) so that they can investigate.Reporting an immigration scam will not affect your application, and can often be done anonymously. It\u2019s the right thing to do, so that government officials can more effectively stop the scammers from targeting future victims.You can avoid unscrupulous notarios and other immigration scams by being vigilant and using common sense. Doing so will help ensure that your immigration process runs smoothly, that you don\u2019t pay more than what\u2019s required, and that you successfully obtain the green card or other immigration benefits that you\u2019re eligible for under law.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"Immigration scams can cost you money immediately, cause serious immigration consequences, or lead to identity theft that could have a long-term impact on your financial well-being.Unfortunately, many factors make immigrants a frequent target for scammers. Many immigrants are anxious about","permalink":"https:\/\/www.boundless.com\/immigration-resources\/avoiding-immigration-scams\/"},{"id":1361,"title":"The Marriage Green Card Interview, Explained","subtitle":"How to prepare for a successful green card interview","body":"What is the marriage green card interview?The final step in the marriage green card process is the interview. The interviewing officer\u2019s primary goal is to assess the authenticity of the marriage. Questions can focus on the history of the couple\u2019s relationship, their daily activities as a wife and husband, and their future plans as a couple. If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card.The interview is the last big step in the marriage green card application process, and it can be the most intimidating and stressful element. You can reduce this stress by knowing what to expect and assembling an organized file to bring to the interview.Green card interviews within the United States are handled by U.S. Citizenship and Immigration Services (USCIS), while green card interviews abroad are handled by the U.S. State Department.For Spouses living together in the United StatesOnce USCIS has finished reviewing all of your green card application materials, your file is transferred to the local USCIS field office closest to where the two of you live. The local office will then issue an appointment notice informing you that you must both attend an interview at a certain time, date, and location.For Spouses Living AbroadOnce the State Department\u2019s National Visa Center (NVC) has finished reviewing all of your green card application materials, your file is transferred to the U.S. consulate that processes green card applications in the foreign spouse\u2019s home country. The consulate will then issue an appointment notice informing the foreign spouse that they alone must attend an interview at a certain time, date, and location.\u00a0The sponsoring spouse does not attend this interview.The following actions can help you prepare for a smoother green card interview:Refresh your memories: Sit down together (or schedule\u00a0an extended phone conversation) during the week before your interview and go over the key dates and events in the history of your relationship. Collect your prior documents: Prepare the original documents of all the copies you submitted to the government in your green card application package (including passports, birth certificates, marriage certificate, court records, and prior divorce documents, plus photos and other evidence of the authenticity of your marriage). Prepare new documents: Prepare copies of more documents that help prove the authenticity of your marriage\u2014examples include recent photos together, birth certificates of any children born to the two of you, joint income tax returns, recent joint bank account statements, joint property documents, and joint insurance documents. If you\u2019re living in different countries, consider including\u00a0copies of travel itineraries for vacations you took together (especially to the foreign spouse\u2019s home country) and copies of phone records showing you talk on the phone regularly. Here are more ideas on documents you can use to prove that your marriage is authentic. Get organized: Organize all of your documents in a folder, and place any photos in a chronological album.The Interviewing OfficerThe interview will be conducted by a USCIS officer (in the United States) or a consular officer (abroad) who is specifically trained for such marriage-based green card interviews. The interviewing officer\u2019s primary goal is to assess the authenticity of the marriage.The interviewing officer is also looking to assess whether the foreign spouse qualifies for a green card. The officer will address details surrounding the spouse\u2019s entry to the United States, any arrests, and previous immigration history. This includes previous statements made at embassies and consulates, and to customs and immigration officers at the airport.the Interview questionsAt the interview, questions will typically focus on the history of your relationship, your day-to-day activities as a married couple, and your future plans together. The interview is also an opportunity for you to present extra evidence to prove the authenticity of your marriage.Check out this list of common interview questions, which can get very personal.\u00a0It\u2019s important to answer the interviewing officer\u2019s questions honestly, directly, and succinctly.Often couples feel pressured to have an answer to every question. It\u2019s better to say \u201cI don\u2019t know\u201d or \u201cI don\u2019t remember\u201d than trying to make something up to answer a question.interviewing separatelyIt is common for a couple in the United States to be interviewed together by the same USCIS officer. Sometimes, however, couples will arrive at a USCIS interview expecting to be interviewed together, but find that they will be interviewed separately\u2014either by two different officers, or by the same officer but one at a time.This type of interview is referred to as a \u201cStokes\u201d interview. (In case you\u2019re curious, the name comes from a court case, Stokes vs. INS, that established important rights for the couple being interviewed.) Often officers from USCIS\u2019 Fraud Detection and National Security unit (FDNS) will conduct these interviews. Each spouse is interviewed separately and their answers are then compared for inconsistencies. A couple that has already been interviewed once could also be called in a second time for a Stokes interview.In general, there are at least three reasons that a couple would get the extra scrutiny of a Stokes interview:USCIS has identified general \u201cred flags\u201d that suggest the possibility of a fraudulent marriage (for example: a large age gap between the spouses, a very short marriage, very different cultural backgrounds, or different addresses showing up for the spouses online). USCIS has uncovered potentially adverse evidence about the marriage based on an FDNS investigation. During the course of a regular interview, the USCIS officer can choose to switch to a Stokes interview format if new information has come up that they want to explore more.There are typically five possible outcomes to a green card interview:Approval: The officer will inform you in person that they are going to approve your case. Request for evidence (RFE): The officer will issue an RFE for more information. Most commonly, the RFE will ask for extra documentary proof that your relationship is authentic, such as additional utility bills, bank statements, or statements from friends and family regarding the relationship. Additional review: The officer will state that your case needs additional review, and that you must wait for either a final decision or additional next steps to arrive in the mail. Second interview: The officer will invite you for a second interview to further discuss certain areas of your relationship or background. You will receive another interview notice from USCIS or your consulate in the mail. Denial: If\u00a0clear ineligibility is established at the interview, the officer can deny a case on the spot. Some factors that may negatively affect the green card applicant\u2019s eligibility include insufficient documents, issues uncovered in the background check, or immigration history issues. More\u00a0often than not, however, the officer will give you an opportunity to clear up such issues before reaching a final decision.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \n","excerpt":"What is the marriage green card interview?The final step in the marriage green card process is the interview. The interviewing officer\u2019s primary goal is to assess the authenticity of the marriage. Questions can focus on the history of the couple\u2019s","permalink":"https:\/\/www.boundless.com\/immigration-resources\/marriage-green-card-interview-explained\/"},{"id":600,"title":"Immigration FAQ","subtitle":"Answers to frequently asked questions about marriage green cards and the U.S. immigration system","body":"Immigration BasicsMarriage Green CardsCommon FormsWhat is a green card?A \u201cgreen card,\u201d issued by U.S. Citizenship and Immigration Services (USCIS), provides proof of lawful permanent resident status, with authorization to live and work anywhere in the United States. Most green cards must be renewed every ten years, but some conditional green cards based on marriage or investment must be made permanent after the first two years.What is USCIS?U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security (DHS), is the government agency that oversees legal immigration to the United States. USCIS is primarily responsible for approving green cards, naturalization, work permits, travel permits, and other \u201cimmigration benefits.\u201dWhat is a lawful permanent resident?A lawful permanent resident, also known as a green card holder, is a foreign national who is authorized to live and work anywhere in the United States, sponsor certain relatives for their own green cards, and ultimately apply for U.S. citizenship.What is conditional permanent residence? A conditional green card is only valid for two years, and the designation \u201cCR1\u201d on the physical card stands for \u201cconditional resident.\u201d A conditional green card holder must file Form I-751 to \u201cremove the conditions\u201d and obtain a permanent green card. In most cases, a conditional green card is issued to a spouse who has been married for less than two years at the time their green card was first approved. Learn more here.Why would a green card application be denied?A green card application may be denied by the government for several reasons, including but not limited to mistakes on the required forms, missing documents, insufficient financial resources, or failure to demonstrate eligibility. Learn more here.Can I work in the U.S. while waiting for my green card?Anyone who already has a valid work visa (for example, an H-1B or L-1 visa) can usually continue working even while applying for a green card. Otherwise, green card applicants aren\u2019t allowed to start working in the United States until they obtain a work permit by filing Form I-765. Learn more here.What is the Visa Bulletin?The visa bulletin, issued every month by the U.S. Department of State, shows which green card applications can move forward, based on when the I-130 petition that starts the green card process was originally filed. The visa bulletin exists because Congress caps the number of green cards that can be issued each year in certain categories, which has created several backlogs. Learn more here.What is a biometric screening?During a biometric screening, a government representative records an individual\u2019s fingerprints and takes photos, in order to check government records for any serious criminal record or relevant prior immigration violations. The biometrics appointment is typically short and simple. Learn more here.What is a green card marriage?Most U.S. citizens and U.S. green card holders are entitled by law to sponsor their spouses for a green card, also known as permanent residence status. The total cost, waiting time, and other details of the marriage green card process can vary based on several factors. Learn more here.How long after my marriage can I apply for a green card?Right away! As long as you have a legally valid marriage to a U.S. citizen or U.S. permanent resident (\u201cgreen card\u201d holder), and an authentic relationship with your spouse, you should generally be eligible to start applying for a marriage green card immediately. Learn more here.What documents do I need for a marriage green card?The required documents for a marriage green card can vary by situation, but in general the couple must provide evidence such as: proof that the sponsoring spouse is a U.S. citizen or permanent resident; a copy of the marriage certificate; evidence that the marriage is authentic; and evidence that the sponsoring spouse can financially support the spouse seeking a green card. Learn more here.What is the difference between a fianc\u00e9 visa and a marriage visa?A K-1 or \u201cfianc\u00e9 visa\u201d is a temporary visa available only to fianc\u00e9s of U.S. citizens who are living outside of the United States and intend to get married within 90 days of arriving in the United States. A marriage green card is available to spouses of both U.S. citizens and U.S. green card holders, whether living in the United States or abroad, and ultimately provides permanent residency. Learn more here.How long does it take to get a green card?There are many ways to get a green card, and the timeline for each pathway is different. Depending on the situation, the marriage-based green card process can last as little as ten months or over three years. Learn more here.What is a K-1 visa?The K-1 fianc\u00e9 visa is available to fianc\u00e9s of U.S. citizens who are living outside of the United States and intend to get married within 90 days of arriving in the United States. Learn more here.How much does it cost to get a green card?The total cost for each type of green card application can vary. Government fees for marriage-based green cards are $1,760 if the spouse seeking a green card lives in the United States and $1,200 if the spouse lives abroad, but many applicants have additional costs as well. Learn more here.What are the income requirements for a marriage-based green card?To be eligible for a marriage-based green card, the applicant must have a U.S. financial sponsor (usually the sponsoring spouse) who certifies in an Affidavit of Support (Form I-864) that their annual income is at least 125% of the Federal Poverty Guidelines (most commonly $20,300). The exact number depends on where the sponsor lives, the size of the household, and other factors. Learn more here.How should I prepare for my marriage green card interview?The final step in the marriage-based green card process is the interview, where the interviewing officer\u2019s primary goal is to assess the authenticity of the marriage. Questions can focus on the history of the couple\u2019s relationship, their daily activities as a married couple, and their future plans as a couple. Learn more here.How do we prove our marriage is real or \u201cbona fide\u201d?A \u201cbona fide\u201d marriage means two people who intend to build a future together, and who did not get married only for immigration purposes. Evidence of an authentic marriage can include joint financial documents, evidence of living together, tickets and photos of trips taken together, and other kinds of evidence. Learn more here.When can I visit my spouse in the United States?Before obtaining a green card, the spouse of a U.S. citizen or permanent resident who is living abroad must demonstrate their intention to visit the United States only temporarily before returning to their home country. Learn more here.What is an affidavit of support (I-864)?Most green card applicants must have a U.S. sponsor who accepts financial responsibility for them. An \u201cAffidavit of Support\u201d (Form I-864) is essentially a contract between the financial sponsor and the U.S. government, where the financial sponsor demonstrates that they meet the government\u2019s income requirements. Learn more here.What is Form I-693?The green card medical exam ensures that the spouse (or other family member) seeking a green card has all necessary vaccinations and does not have any medical conditions that could make them ineligible. Inside the United States, the medical exam is performed by a doctor approved by U.S. Citizenship and Immigration Services (USCIS), who provides a signed Form I-693. Outside the United States, the medical exam is performed by a doctor approved by the U.S. Department of State. Learn more here.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \n","excerpt":"Immigration BasicsMarriage Green CardsCommon Forms","permalink":"https:\/\/www.boundless.com\/immigration-resources\/faq\/"},{"id":1633,"title":"The K-1 Visa, Explained","subtitle":"The Fianc\u00e9(e) Visa path for engaged partners of U.S. citizens","body":"What Is a K-1 Visa?A K-1 visa \u2013 also called a fianc\u00e9 Visa \u2013 allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a \u201cgreen card\u201d) based on marriage.The correct terminology is \u201cfianc\u00e9e\u201d for\u00a0a\u00a0woman who is engaged to be married or\u00a0fianc\u00e9 for man. For simplicity, we use \u201cfianc\u00e9\u201d to mean either a male or female engaged partner.Is the K-1 Visa Right for Me?In some cases it might make sense to skip the fianc\u00e9 visa process altogether and go straight to getting married and applying for a green card. This decision depends on where you are living, how long you wish to wait to be together, and various other circumstances. For more details, see our guide to differences between fianc\u00e9 visas and marriage green cards.The K-1 visa allows a U.S. citizen to sponsor their fianc\u00e9 to come to the United States. Both partners must have the intention to get married within 90 days after the sponsored fianc\u00e9 arrives in the United States from abroad.Specific requirements include:The sponsoring partner must be a U.S. citizen. U.S. green card holders (permanent residents) are not eligible to sponsor a fianc\u00e9 for a K1 visa. Both partners must be eligible to marry\u2014in other words, both must be currently unmarried. Any prior divorce decrees, annulments, or death certificates must be provided to show that any previous marriages have been terminated. K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fianc\u00e9\u2019s home country allow for sex-same marriage. The legitimacy of the relationship must be proved with evidence such as photographs, flight itineraries and\/or hotel reservations of trips taken together as a couple, written statements from friends and colleagues who are aware of the engagement, letters or emails between the partners, etc. The couple must be able to prove that they have met in person at least one time within the two years prior to filing the visa form (except for cases of extreme hardship, or where in-person meetings would violate cultural, religious, or social norms). Evidence may include flight itineraries, hotel itineraries, dated photos, etc. Each partner must provide a signed statement indicating an intent to marry within 90 days of the sponsored fianc\u00e9\u2019s arrival in the United States. If concrete wedding plans have been made, it\u2019s also a good idea to submit evidence such as wedding invitations, receipts of deposits on a venue, etc. The U.S. citizen fianc\u00e9 must meet certain income requirements. Specifically, the adjusted gross income on their most recent tax return must be equal at least 100% of the Federal Poverty Guidelines. If they are unable to meet this requirement alone, a joint financial sponsor must file a supplemental \u201caffidavit of support.\u201d (Note that the income requirements for a marriage green card sponsorship are different\u2014and higher.)The first step for an eligible couple is for the U.S. citizen fianc\u00e9 to file Form I-129F (technically called the \u201cPetition for Alien Fianc\u00e9\u201d) with U.S Citizenship and Immigration Services (USCIS). The primary purpose of this form is to prove the validity of the relationship.The following supporting documents should be attached to the completed form as evidence:Proof of citizenship for the U.S. citizen fianc\u00e9 (copy of a passport, certificate of naturalization, or birth certificate) Copy of the sponsored fianc\u00e9\u2019s passport Proof of the legitimacy of the relationship (photos, correspondence, sworn statements from friends and colleagues, etc.) Proof of having met in person at least one time within the two years prior to filing the form (flight itineraries, hotel itineraries, photos, correspondence, etc.) Sworn statements, written by and signed by each partner, with a brief description of the nature of the relationship and an intent to marry within 90 days of the sponsored fianc\u00e9\u2019s arrival in the United States. It\u2019s generally best to provide the original signed statements, and keep copies for your records. A copy of any Form I-94 arrival-departure record previously issued to the sponsored fianc\u00e9. One passport-style photo of the U.S. citizen fianc\u00e9 and one passport-style photo of the sponsored fianc\u00e9.The government\u2019s required fee for Form I-129F is $535. After the form and supporting documents are filed at the appropriate address, USCIS will typically send a receipt notice within 30 days. Depending on which USCIS service center is handling the case, the processing times can take around 6\u20139 months (7 months on average). During that time, USCIS may send a Request for Evidence (RFE), if they need more information. Once the Form I-129F is approved, USCIS will send an approval notice.At this point, USCIS hands off the case to the U.S. Department of State. Within about 30 days after the the I-129F fianc\u00e9 sponsorship form is approved, the sponsored fianc\u00e9 will receive a notice from the U.S. embassy in their home country, including the date and location of their visa interview and a list of required documents.DS-160Next, the sponsored fianc\u00e9 must complete the State Department\u2019s online DS-160 form (technically called the \u201cOnline Nonimmigrant Visa Application\u201d). This is the actual K-1 visa application, and it\u2019s very important to print the confirmation page once the form has been submitted online.The State Department then requires the following documents:Sponsored Fianc\u00e9 DocumentsTwo passport-style photos Birth certificate Valid, unexpired passport Police clearance obtained from all countries of residence of more than six months since the age of 16 Sealed medical exam form (obtained through physician abroad who is authorized by the State Department)U.S. Citizen Fianc\u00e9 DocumentsAffidavit of support (Form I-134) Most recent tax returns Proof of relationship (copy of the approved I-129F package originally filed with USCIS)InterviewThe visa interview takes place at the nearest U.S. embassy or consulate in the sponsored fianc\u00e9\u2019s home country, usually about 4\u20136 weeks after the embassy\u2019s initial notice. The visa fee of $265 is usually paid at the interview\u2014but it\u2019s important to review specific instructions regarding time and place of payment, included in the embassy\u2019s interview notice, which can vary by home country.The interviewing officer will typically make a decision on the case either the same day of the interview or shortly afterward. If they need additional evidence, they will request that it be submitted directly to the U.S. consulate.Once the K-1 visa is approved, the sponsored fianc\u00e9 is given a total of four months from the date of approval of the initial I-129F form to travel to the United States.Upon arrival, the couple must get married within 90 days, or the sponsored fianc\u00e9 will lose their K-1 status. If the couple decides not to get married, the sponsored partner will not be eligible to remain in the United States and is required to leave the country right away.Unlike other visas, the K-1 does not allow for a change to another temporary visa (F-1, H-1B, etc.). It\u2019s also forbidden to \u201cadjust status\u201d from a K-1 visa to a green card based on marriage to anyone other than the original U.S. citizen sponsor. The sole purpose of the K-1 visa is for the sponsored fianc\u00e9 to enter the United States to join the sponsoring fianc\u00e9 and get married within 90 days.Of course, after getting married, the final step is to apply for a marriage-based green card, which will be sponsored by the same partner who originally sponsored the K-1 fianc\u00e9 visa. Check out our overview of the marriage green card process, plus our start-to-finish guide for spouses of U.S. citizens living in the United States.Currently, Boundless can help you\u00a0complete your marriage green card application, but\u00a0not\u00a0a K-1 visa application.\n \n Ready to start your marriage green card application?\n \n \n \n Let\u2019s Go\n \n \n \n Learn what we do for you\n \n \n \n","excerpt":"What Is a K-1 Visa?A K-1 visa \u2013 also called a fianc\u00e9 Visa \u2013 allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later.","permalink":"https:\/\/www.boundless.com\/immigration-resources\/k-1-fiancee-visa-explained\/"},{"id":102,"title":"When Can I Visit My Spouse in the United States?","subtitle":"Precautions to take when visiting your spouse","body":"For many couples, one of the biggest frustrations about the marriage green card process is that it takes a long time. You are probably eager to know how soon you can see your husband or wife in the United States.Visiting the United States can be more complicated than just buying a plane ticket.That\u2019s because if you are married to a U.S. citizen or green card holder, you may face difficulty convincing a consular officer that you have \u201ctourist intent\u201d (also known as \u201cnonimmigrant intent\u201d)\u2014in other words, that you intend to visit the United States and leave before your tourist visa expires.And then there is another hurdle: Upon your arrival in the United States, the decision to allow or deny your admission is always at the discretion of the U.S. Customs and Border Protection (CBP) officer who processes you at the border or port of entry. There is always the risk of being denied admission upon arrival to the United States, even with a valid tourist visa.That said, you should never misrepresent your reasons for visiting the United States, either on a visa application or to CBP officer. You should also never lie about being married to a U.S. citizen or green card holder.Any kind of misrepresentation could jeopardize your ability to get a green card in the future.What You Need to ProveWhen the consular officer is reviewing your tourist visa application, he or she will be looking for proof that:You plan to return to your home country after your visit to the United States Your visit is for a limited, short period of time You can support yourself during your visitThis is true for any visitor applying for a tourist visa, or any visitor coming to the United States under the Visa Waiver Program (which allows citizens of some countries to visit the United States without a visa for up to 90 days).Spouses of U.S. citizens or green card holders, especially those who are in the middle of the marriage-based green card process (with a pending I-130 petition), often face additional scrutiny. The consular officer might suspect that you are trying to get around the required green card process to be together.To have the best chance of being granted admission when you\u2019re entering the United States, it\u2019s important to take extra care in preparing your tourist visa application and assembling the right documents to take with you.Preparing Your DocumentsWhenever you\u2019re applying for a tourist visa, you are required to establish that you have strong ties to your home country. This is to ensure that you will return home before your tourist status expires. Here are some examples of documents that can help prove strong ties to your home country:Copy of an unexpired lease or a home mortgage Letter from your employer stating the dates of your vacation, including when you\u2019ll be returning to work School enrollment confirmation in your home country, either for yourself or your children Proof that your children are staying in your home country during your visit, such as a letter giving a grandparent the authority to make decisions about your children Title deeds for any property you own in your home countryIt\u2019s also generally a good idea to provide copies of your bank statements, credit card statements showing healthy spending limits, or other proof that you\u2019ll be able to support yourself financially during your visit to the United States. For more, see this article about how to scan and copy documents the way American immigration officials like to see them.What to Expect If You DO Have a Pending I-130 PetitionVisiting the United States while you have a pending I-130 petition (the first step in obtaining a marriage-based green card) involves walking a logical tightrope. You clearly do intend to move to the United States permanently, once you get your green card. But right now, you\u2019re required to convince the consular officer or CBP agent that you are not settling in the United States yet.That can be difficult to do if you\u2019ve already quit your job and sold your all of your property in your home country. That\u2019s why many people choose to visit the United States before doing either of those things.It\u2019s important to present strong evidence that you plan to return to your home country after your short visit\u2014although there is still always a risk, as admission is never guaranteed.What to Expect If You DON\u2019T Have a Pending I-130 PetitionIf you don\u2019t have a pending I-130 petition\u2014that is, if you haven\u2019t started the marriage-based green card process yet\u2014you won\u2019t have to deal with the puzzle described above (that you clearly intend to settle in the United States sometime soon).You might still face additional scrutiny when applying for a tourist visa or arriving in the United States, however, because the consular officer or CBP agent might suspect that you intend to bypass the whole I-130 process by entering on a tourist visa and then applying for a marriage-based green card (technically, \u201cadjustment of status\u201d) once you\u2019re in the United States.If you don\u2019t have any immediate plans to settle in the United States, you should be clear about that during the visa application. Some extra things you might want to prove include:You have employment or educational responsibilities in your home country that prevent you from moving permanently to the United States at the present moment You have a confirmed travel plan with a clear date of return to your home countryAgain, you should never lie about the fact that your spouse is a U.S. citizen or green card holder, because lying could jeopardize your ability to get a green card in the future.Three extra factorsThere are at least three other factors that can make a big difference in whether or not your tourist visa is approved (and whether you are admitted upon arrival):Your Immigration History: If you have a history of coming and going to the United States without any immigration violations, it\u2019s more likely that the consular officer or CBP agent will believe you when you make your case that you intend to visit the United States for a temporary visit and then return to your home country. On the other hand, if you have ever had an immigration violation\u2014even if you overstayed a previous tourist visa for one day\u2014your chances of approval will be much lower.Your Country of Origin: If you come from a country with high rates of immigration fraud, you are less likely to have the consular officer or CBP agent believe that you intend to visit as a tourist only. (While there is no official list of such countries, in past years such countries as Brazil, China, the Dominican Republic, India, and Mexico were subject to relatively high rates of immigration fraud.) This is all the more reason to establish that you have strong ties to your home country, as detailed in the \u201cPreparing your Documents\u201d section above.Other Relatives in the United States: If you have a lot of family already in the USA \u2014especially immediate family members\u2014this could lead to extra scrutiny. The consular officer or CBP agent may be inclined to believe that you are less likely to return to your home country if you have strong family ties in the United States. In addition to the list outlined in the \u201cPreparing your Documents\u201d section above, it\u2019s a good idea to have a round-trip ticket demonstrating your plan to return home on a specific date..What If I Change My Mind About Going Home?The U.S. government recognizes that life doesn\u2019t always go according to plan.What if you come to the United States to visit your spouse, fully intending to return to your home country, but then decide to stay in the United States and apply for a green card without going back home (technically, an \u201cadjustment of status\u201d)?Your green card application will not necessarily be denied. But you will need to prove that you did indeed change your mind\u2014that you intended to return home but some significant change in circumstances changed your plans. For example, if you intended to visit your spouse in the United States for a short period, but a change in your spouse\u2019s health prompted you to decide to remain in the United States, this is something you would expect to explain at your green card interview.For those who do apply for a green card after entering the United States on a tourist visa, U.S. Citizenship and Immigration Services (USCIS) previously used \u201cthe 30\/60 rule\u201d as a guideline to decide how much extra scrutiny to give the green card application:If you applied for a green card less than 30 days after entering the United States as a tourist, USCIS would assume that you misrepresented your intentions when you entered the country. Although it was not impossible to convince USCIS otherwise, you would have likely faced a steep uphill battle. If you applied for a green card between 30 and 60 days after entering the United States as a tourist, USCIS wouldn\u2019t immediately assume that you lied about your intentions for visiting the United States. However, your green card application would have likely faced greater scrutiny, and your green card interview may have included questions to ensure that you did not intend to apply for a green card when you entered as a tourist. If you applied for a green card more than 60 days after entering the United States as a tourist, your green card application typically did not trigger any additional scrutiny. However, USCIS could still deny your application if they found that you lied about your intentions when you first entered the United States.As of September 2017, however, a new \u201c90-day rule\u201d seems to have done away with the previous \u201c30\/60-day rule\u201d described above.That is when the U.S. Department of State updated its definition of what constitutes \u201cmisrepresentation\u201d for people on temporary visas. Under the new guidelines, any of the following conduct within the first 90 days of entry into the United States may be considered a violation of that visa status:Engaging in unauthorized employment Enrolling in an unauthorized course of study (without a proper student visa) Entering into a marriage with a U.S. citizen or green card holder Filing an green card sponsorship petition (the Form I-130) or \u201cadjustment of status\u201d green card application (the Form I-485)If any of the above activities take place within 90 days of entry into the United States on a temporary visa (such as a B1\/B2 visitor\u2019s visa), a presumption of willful misrepresentation will arise. In such a scenario, the burden will be on the person seeking a green card to disprove such a presumption and submit evidence to overcome it\u2014otherwise a USCIS officer could deny the green card application or even revoke the temporary visa.This presumption of willful misrepresentation will not arise, however, if the above activities take place at least 90 days after entry into the United States on a temporary visa. While observing the 90-day rule doesn\u2019t guarantee a successful green card application, it\u2019s probably a good idea to play it safe.We understand that this process can be confusing and intimidating at first. But by always telling the truth and being prepared, you can take charge of your immigration journey.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"For many couples, one of the biggest frustrations about the marriage green card process is that it takes a long time. You are probably eager to know how soon you can see your husband or wife in the United States.Visiting","permalink":"https:\/\/www.boundless.com\/immigration-resources\/when-can-i-visit-my-spouse-in-the-united-states\/"},{"id":103,"title":"How Do We Prove Our Marriage Is Real?","subtitle":"Showing sufficient proof of a \"bona fide\" marriage to the government in your spousal visa application and at your green card interview","body":"When you\u2019re applying for a marriage green card, one of the most important parts of the process is proving not just that you are married, but that the marriage is \u201cbona fide.\u201d A bona fide marriage means two people who intend to build a future together, and who did not get married only for immigration purposes.You\u2019ll have to provide a marriage certificate as part of the green card application, but that alone is not enough to establish that your marriage is authentic. U.S. Citizenship and Immigration Services (USCIS) knows how easy it is to get married as a legal transaction. So when processing marriage-based green card applications, they are looking for other proof that the couple is planning a life together.There are two primary opportunities to prove that you are in an authentic marriage: First, by providing documents in your I-130 petition package (the first step of applying for a marriage-based green card), and then during your final interview, either with a consular officer (if the foreign spouse is outside of the United States) or a USCIS officer (if the foreign spouse is in the United States).Evidence of an Authentic MarriageLack of evidence of an authentic marriage is one significant reason that I-130 petitions get denied by USCIS. The following documents to include in your I-130 petition package can help make a strong case that your marriage is genuine.Financial DocumentsShowing that you and your spouse have combined both your assets and liabilities can be an excellent way to establish that you have a bona fide marriage. Some examples include:Copies of statements from a joint bank account Copies of the title or deed for real estate or vehicles that you own jointly Copies of a mortgage or loan document showing that you are jointly responsible Copies of joint credit card statements Copies of joint health, home, or auto, or life insurance policies Copies of life insurance policies that show the spouses as the beneficiaries of each other\u2019s policiesEvidence That You Live TogetherUSCIS expects that married couples will live together\u2014a couple that\u2019s not living together will generally raise red flags. However, if an unusual living situation is explained honestly and thoroughly, and alternate evidence of a genuine marriage relationship is provided, the living situation by itself should not present a total barrier to obtaining a green card.If you haven\u2019t lived with your spouse since you got married, you\u2019ll need to include a strong explanation for why you\u2019ve had to live apart.For more typical cases, here are some documents that can help prove that you and your spouse live together.Copy of a joint mortgage or lease showing both of your names Copies of utility or other bills with both spouses\u2019 names Copies of driver\u2019s licenses showing the same address for both spouses Copy of a deed to property showing both spouses\u2019 names Copies of insurance statements showing the same address Copies of bank statements showing the same address Letters from family, friends, and\/or employers showing the same address for both spousesEvidence That You Have Children TogetherProof that you and your spouse have a child together is one of the strongest pieces of evidence you can present to show that your marriage is real. Alternatively, even if one or both of you have children from a previous marriage, showing that you are raising these children together can present compelling evidence that your marriage is bona fide.Here are some types of documents that can help prove you are raising children together, or that you plan on raising children together.Copies of birth certificates of any children you and your spouse have together, showing both spouses names\u2019 Copies of adoption certificates for any children you adopted together A letter from a medical provider attesting to a current pregnancy A letter from a medical provider attesting that one or both partners are undergoing fertility treatments Family photos from vacations or other events showing your children and\/or stepchildren with both partners Copies of school or doctors\u2019 records showing the stepparent listed as an emergency contact for the stepchildrenEvidence That You Have a Real RelationshipA marriage is about more than money, kids, and a household. USCIS wants proof that you and your spouse have a real relationship\u2014that you talk to each other, and plan and do activities together. Here are some things you can provide to help prove that you and your spouse do things together:Copies of travel itineraries for vacations you took together, especially to the foreign spouse\u2019s home country Photos from parties, events, and trips together\u2014both of you and your spouse as a couple, and together with friends and family Copies of phone records showing you talk on the phone regularly Letters, emails, or cards between you and your spouse Photos from your wedding Receipts for any gifts you purchased for each otherIn general, as you\u2019re preparing your I-130 petition package, it\u2019s a good idea to paint a picture of your whole relationship over time. Providing five photographs that document your relationship over five years is stronger evidence of an authentic marriage than 10 photos of you together in just the past month.You may not need to include every single document on the lists above, but USCIS typically wants to see documents that fall into as many of the above categories as possible.The green card interview is the second important opportunity to establish that your marriage is authentic.A spouse living abroad will attend an interview at a U.S. embassy or consulate in his or her home country. The sponsoring spouse does not attend this interview.A spouse present in the United States will attend an interview\u2014together with his or her sponsoring spouse\u2014at their local USCIS office. Some USCIS officers interview couples together and some interview them separately. Often, but not always, questioning the couple separately is a sign that the USCIS officer suspects that the marriage is fraudulent.In either case, the interviewing officer will ask questions that he or she would expect married couples to be able to answer easily. The officers often start out with relatively simple, predictable questions about where you met and how your relationship started, but officers have significant leeway in the questions that they can ask.Don\u2019t be surprised if this interview gets personal. You might be asked:If you use contraception\u2014and, if so, what kind To describe your spouse\u2019s tattoos or birthmarks What kinds of marital difficulties you have had, and how you have overcome them Who sleeps on which side of the bedIt\u2019s important to be honest and open during this interview. You shouldn\u2019t be penalized for admitting that you have had marital difficulties. You can think of the interview as an opportunity to give the officer a window into your life as a couple\u2014not as an obligation to portray the ideal marriage.If you find a question extremely offensive, you may say so to the officer and decline to answer the question. Most officers will understand, and move on to the next question.It\u2019s also a good idea to practice before the interview, especially if you or your spouse tend to be forgetful. Even people with very long-term marriages and relationships often find these interviews stressful.While it\u2019s essential to be honest and thorough as you document your marriage, it can also be fun\u2014after all, you get to revisit the beginnings of your relationship and make sure your spouse does indeed know what you like to eat for breakfast!\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"When you\u2019re applying for a marriage green card, one of the most important parts of the process is proving not just that you are married, but that the marriage is \u201cbona fide.\u201d A bona fide marriage means two people who","permalink":"https:\/\/www.boundless.com\/immigration-resources\/how-do-we-prove-our-marriage-is-real\/"},{"id":105,"title":"Same-Sex Relationships and Marriage Green Cards","subtitle":"Common concerns gay and lesbian couples may have with green card applications","body":"Can lesbian and gay married couples apply for a green card if one partner is a U.S. citizen or green card holder? The short answer: yes!The U.S. Supreme Court\u2019s federal marriage equality decision in 2013 (United States v. Windsor) means that same-sex marriages are treated the same as heterosexual marriages for immigration purposes under U.S. law.Gay and lesbian U.S. citizens and green card holders can therefore apply for a marriage-based green card for their foreign national spouses, and United States Citizenship and Immigration Service (USCIS) treats applications from same-sex couples the same as applications from heterosexual couples.However, there are a few areas that are more likely to cause hiccups for same-sex couples than for heterosexual couples.The following is a rundown of common concerns for same-sex couples and how to handle them.The foundation of any marriage-based green card application is proving that you and your spouse have an authentic marriage, rather than a marriage solely intended to help the foreign national partner obtain a green card.There are no special requirements for same-sex couples\u2014you need the same documents as heterosexual couples to prove an authentic marriage (for more information about what to include, see guide on How Do We Prove Our Marriage Is Real?). However, there are a few potential challenges that are more common among same-sex couples than among heterosexual couples.No relationship with in-lawsPhotos of you, your spouse, and your respective families are a good way to prove your relationship is authentic as part of your initial filing package (I-130 petition). So is correspondence between each spouse and his or her in-laws. Showing a relationship with your spouse\u2019s family is even more important during the green card interview. The USCIS or consular officer conducting the green card interview will almost always ask questions about your spouse\u2019s family. These could be questions about the names of your spouse\u2019s siblings or what you did as a family for your mother-in-law\u2019s most recent birthday.If your spouse\u2019s family does not accept your marriage, these questions can be challenging.As with any other issue, the best approach is always honesty. For example, it\u2019s better to explain that you\u2019ve never met your mother-in-law because she is homophobic, than trying to cover up the fact that you have no relationship with your in-laws. Even if you\u2019ve never met your in-laws, however, you should know their names and ages. Being completely ignorant of your spouse\u2019s family could raise suspicions during your green card interview.Lack of employment or lease documentsAnother strong way to prove that your marriage is authentic is to show that you and your spouse have a joint lease or that your spouse is listed on documents with your employer\u2014for example, as an emergency contact and\/or as a beneficiary of any employment-related benefits. This can be challenging for same-sex couples who fear discrimination either from landlords or from employers, especially because not all states legally protect LGBTQ individuals from discrimination in housing or employment.If you don\u2019t have a joint lease, you can show that you and your spouse live together using other documents. These might include a joint utility bill, copies of your driver\u2019s licenses or ID cards showing the same address, or any other official documents that show both of you living at the same place. If your spouse isn\u2019t mentioned in any of your employment-related documents, you can submit other documents that show that you have joint financial resources. This might include joint bank account statements, documents showing you and your spouse as the beneficiaries of each other\u2019s life insurance policies (which need not be employer-provided), or joint credit card statements.The important thing is to provide proof that you live together and that you have joint financial assets and responsibilities.Prior heterosexual marriagesOne common concern for same-sex couples arises if one or both of the partners has had a heterosexual marriage in the past. If you\u2019ve been married in the past, USCIS will know. You are required to list any and all previous marriages on your green card forms (I-130 petition), and to provide divorce certificates or death certificates proving that any prior marriages were legally terminated. While you should expect questions about your opposite-sex marriage at your green card interview, having a previous heterosexual marriage will not automatically raise red flags. As with any interview questions, it\u2019s a good idea to prepare ahead of time, and it\u2019s essential to answer honestly.This issue becomes more complicated if you or your gay spouse previously filed a green card application (specifically, the I-130 petition) based on a prior heterosexual marriage. At the interview, you could face accusations that this prior marriage was fraudulent and solely intended to obtain a green card. If you became a U.S. citizen or a green card holder based on a prior marriage and are now sponsoring your current spouse for a green card, your current marriage will also be intensely scrutinized.If any of these scenarios apply to you, it\u2019s critical that you be prepared to explain honestly and clearly why you were previously in a heterosexual marriage. It\u2019s less important to get into the emotional details of your relationship with your ex-spouse; the most important thing is to establish that you were not married solely for immigration purposes.Separate from the matter of proving an authentic marriage (described above), same-sex couples may face special challenges in establishing the legal validity of their marriage.Marriages vs. civil unionsBefore marriage equality was established throughout the United States by the Supreme Court in 2015 (Obergefell v. Hodges), many gay and lesbian couples entered into civil unions that provided some of the same benefits as marriage. Immigration benefits, however, are not one of the benefits of civil unions. You and your partner must be married, not just joined in a civil union, to be eligible for a gay marriage green card.Does it matter where we were married in the United States?No. Immigration benefits are governed by U.S. federal law, so state or local laws regarding gay rights are irrelevant when it comes to immigration. Since the Supreme Court ruled that same-sex marriages must be recognized everywhere in the United States, you do not need to get married in a state that passed its own law legalizing same-sex marriages.Does it matter where we were married abroad?As with heterosexual marriages, your marriage must be valid in the place it was performed. That means that you must get married in a country that recognizes same-sex marriages (or you can get married anywhere in the United States). If your husband or wife lives in a country that doesn\u2019t recognize same-sex marriages, then you might want to consider applying for a fianc\u00e9 visa. For more information, see our guide on How is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?Because individual consular officers and USCIS officers have a lot of freedom to use their discretion when granting or denying green card applications, many same-sex couples worry about getting a biased officer who is inclined to deny all green card applications based on a same-sex marriage.USCIS and consular officers have received sensitivity training on LGBTQ issues and, as professionals and public servants, they are expected to carry out the law. Attorneys who assist with a large number of same-sex marriage-based green card cases have not reported a major bias issue among USCIS or consular officers.All marriages are equal under the lawIt\u2019s the law of the land that same-sex marriages be treated the same as heterosexual marriages throughout the immigration system.That said, as with anything related to immigration, the best practice is to honestly and clearly explain any potentially confusing situations. If you include in your filing package a genuine written explanation (in the form of a cover letter, for example) for any potential issues your green card application might face, you may avoid being asked for more evidence of an authentic marriage at the interview stage.In any event, consular officers and USCIS officers receive sensitivity training about cultural and other issues faced by same-sex couples, so they won\u2019t be shocked to hear that someone from a conservative country is not \u201cout\u201d to his or her employer, for example.While couples may sometimes face special hurdles when applying for a same-sex marriage green card, these challenges should be easy to address in most cases, especially with appropriate documentation and preparation.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?","excerpt":"Can lesbian and gay married couples apply for a green card if one partner is a U.S. citizen or green card holder? The short answer: yes!The U.S. Supreme Court\u2019s federal marriage equality decision in 2013 (United States v. Windsor) means","permalink":"https:\/\/www.boundless.com\/immigration-resources\/same-sex-relationships-and-marriage-based-green-cards\/"},{"id":106,"title":"How to Read the Visa Bulletin","subtitle":"The monthly publication that reveals wait times for certain green card applicants","body":"If you or your spouse is a green card holder and you\u2019re planning on applying for a marriage-based green card, you\u2019ve probably heard about the visa bulletin.The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the I-130 petition that starts the green card process was originally filed. It also lets you estimate how long it will take before you will be able to get your green card, based on how quickly the \u201cline\u201d is moving now. Once your I-130 petition has been filed, you\u2019ll be able to check the visa bulletin and watch your place in line move forward.Boundless Co-Founder and immigration policy expert, Doug Rand, publishes a monthly analysis of the most recent Visa Bulletin here.Everything you need to know about this important monthly update is explained below, but here\u2019s the bottom line for family members seeking green cards:If you\u2019re the spouse, parent, or unmarried child (under age 21) of a U.S. citizen, you don\u2019t even need to read the visa bulletin\u2014there\u2019s no green card backlog or wait time for you! If you\u2019re the spouse or unmarried child (under age 21) of a U.S. green card holder, you\u2019ll have to wait extra 12-18 months for your green card to become available. If you\u2019re in a different category, your green card wait time may vary \u2014 from years to decades. Boundless publishes the most recent wait times here.For more details about family-based immigration, see our guide on Marriage-Based Green Cards.The visa bulletin exists because Congress caps the number of green cards that can be issued each year. The number of people who are seeking green cards has consistently exceeded this annual limit, creating a backlog\u2014in fact, several backlogs.There are currently 366,000 green cards available annually, but that total is broken down into a complex category system, with a specific quota for each category. The two broadest categories are family-based green cards (226,000), which include marriage-based green cards, and employment-based green cards (140,000).In addition to setting an overall limit on the number of green cards that can be issued per year, Congress also limits the number of available green cards based on country of origin. Under this annual \u201ccountry cap,\u201d no single country of origin can account for more than 7% of the green cards in any particular category.That\u2019s no big deal for a country like, say, Belgium (population 11 million)\u2014in fact, no European or African countries generate enough green card demand to bump up against the country cap. But there are substantial backlogs facing the many green card seekers from China (population 1.4 billion), India (population 1.3 billion), Mexico (population 129 million), and the Philippines (population 105 million).The caps on family-based green cards are broken down into four primary \u201cpreference categories\u201d.F1 (first preference): Unmarried adults (age 21 and over) who are children of U.S. citizens. The cap for this category is 23,400 green cards per year.F2 (second preference): Spouses and unmarried children of green card holders. The overall cap for this category is 114,200 green cards per year, but it\u2019s split into two sub-categories:F2A: Spouses and unmarried minor children (under age 21) of green card holders. If you are a green card holder who has applied for a green card for your spouse, this is the category you\u2019ll need to watch when you check the visa bulletin. 77% of the second category quota goes towards this F2A sub-category (that\u2019s 87,934 green cards per year). F2B: Unmarried adult children (age 21 and over) of green card holders. 23% of the second category quota goes towards this F2B sub-category (that\u2019s 26,266 green cards per year).F3 (third preference): Married children of U.S. citizens, regardless of age. The cap for this category is 23,400 green cards per year.F4 (fourth preference): Brothers and sisters of U.S. citizens. The cap for this category is 65,000 green cards per year.What Makes the F2A Category Special?If you look at the visa bulletin, you\u2019ll notice that the wait for a green card is much shorter for the F2A category than it is for any other family-based preference category. That is good news if you\u2019re the spouse of a U.S. green card holder!There are two reasons that this category moves the fastest. First of all, it has the largest quota, at 87,934 green cards. In addition, 75% of the green cards within the F2A category are exempt from that country cap described above. So the country of origin for a spouse seeking a green card is much less important than for a green card applicant in another category.What About Spouses of U.S. Citizens?There is no cap on the number of green cards available for immediate relatives of U.S. citizens, defined as spouses, parents, and unmarried minor children (under age 21). Since there is no annual limit, there is no backlog, no line to wait in, and nothing to see in the visa bulletin. Spouses of U.S. citizens can apply for a green card as soon as their I-130 petition is approved.Priority date: This is the date that U.S. Citizenship and Immigration Services (USCIS) received your I-130 petition. Think of this date as your place in the green card line. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. Current: In the context of the visa bulletin, \u201ccurrent\u201d means no backlog and no wait time for a green card. A particular priority date becomes \u201ccurrent\u201d once it reaches the front of the line and a green card is available. Or an entire preference category can be \u201ccurrent\u201d if there\u2019s no backlog and no wait time within that category. Chargeability area: This is the green card applicant\u2019s country of birth. (Remember the country cap? Your own green card will be \u201ccharged\u201d toward the annual quota of green cards available to citizens of your country of birth.) Immediate relative: A spouse, parent, or child (under age 21) of a U.S. citizen. Cut-off date: The dates you see on the visa bulletin tables are called \u201ccut-off dates.\u201d Think of this date as the front of the green card line. Green card applicants with priority dates prior to the cut-off date can submit their green card applications. Green card applicants with priority dates after the cut-off date have to keep waiting.Section A: Final Action DatesThe \u201cfinal action dates\u201d chart shows which priority dates have reached the front of the line. These green card applications are ready for approval right now.Section B: Dates For FilingThe \u201cdates for filing\u201d chart shows which green card applicants who are living outside of the United States should go ahead and submit their application with the National Visa Center (NVC)\u2014even though a green card is not ready just yet. The cut-off dates in the \u201cdates for filing\u201d chart are slightly later (1-10 months) than those in the \u201cfinal action dates\u201d chart, which allows green card applicants to file their applications that much sooner.The \u201cdates for filing\u201d chart is primarily directed at people who will be applying for a green card from outside the United States, but USCIS publishes a page called \u201cwhen to file your adjustment of status application\u201d every month that indicates whether green card applicants living in the United States can submit their green card application based on the visa bulletin\u2019s \u201cdates for filing\u201d chart or whether they need to wait to meet the dates in the \u201cfinal action dates\u201d chart.Why Do These Different Dates Matter?For green card applicants living outside the United States, the \u201cdates for filing\u201d chart allows you to get an early start on assembling and submitting all the required documents to the National Visa Center (NVC). This sets the ball rolling, and ensures that the NVC has everything ready once your priority date appears in the \u201cfinal action dates\u201d chart and a green card is available to you.For green card applicants living in the United States, the \u201cdates for filing\u201d chart opens the door to additional benefits. That\u2019s because when filing a green card application with USCIS (technically an I-485 form for \u201cadjustment of status\u201d), you can simultaneously apply for a work permit (employment authorization document) and travel permit (advance parole document). For applicants who intend to work in the United States or travel outside the United States while waiting for their green card applications to be processed, these additional benefits can be invaluable.Country-Specific ColumnsYou\u2019ll notice that the visa bulletin has separate columns for China, India, Mexico, and the Philippines. The wait time for a green card is often longer\u2014and sometimes much longer\u2014for citizens of these four countries, because their annual demand for green cards exceeds the 7% \u201ccountry cap\u201d described above. This means that practically speaking, there are separate backlogs and green card lines for each of these four countries, which also vary by green card category.Remember, however, that the F2A category is special? You\u2019ll notice that the wait for a green card for spouses of U.S. green card holders is generally about the same regardless of the country of origin, because most green card applications in this category are exempt from the country cap. That means spouses from China, India, Mexico, and the Philippines only have to wait a few extra weeks (if at all) for their green cards\u2014compared with years or even more than a decade for other relatives from these countries.What is Retrogression?Usually the visa bulletin\u2019s cut-off dates move forward over time, pushing green card seekers ahead in line\u2026but not always. When there are more applications for a green card category in a given month than USCIS or the State Department was expecting, the cut-off dates for the subsequent month might move backwards. This is called a \u201cvisa retrogression,\u201d and it\u2019s most common around September (the end of the government\u2019s fiscal year).Sometimes the visa bulletin will provide advance warning of an upcoming retrogression, giving green card applicants some time to prepare. But sometimes the visa bulletin announces a completely unexpected visa retrogression, which is an unpleasant surprise for applicants who were expecting to move forward in line, not backward. That\u2019s why it is a good idea to prepare all the documents needed for your green card application ahead of time, and be ready to file as quickly as possible once the visa bulletin shows that a green card is available to you. By failing to file in a month when a green card is available, you risk facing a surprise retrogression in the next visa bulletin, which would close your window of opportunity for filing a green card application.If you\u2019ve already filed your green card application and there\u2019s a visa retrogression, USCIS or the State Department will hold your application until you get back to the front of the line. You don\u2019t need to do anything other than ensure that your contact information is up to date.If you haven\u2019t yet filed your green card application and there\u2019s a visa retrogression, the result is the same\u2014you\u2019ll have to wait until you get back to the front of the line before filing. (Or, to use the visa bulletin\u2019s terms, until your priority date becomes current again.)Want to learn more about what\u2019s happening with green card backlogs and wait times? Every month, Boundless releases visa bulletin explainers that demystify this process and show trends over time.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"If you or your spouse is a green card holder and you\u2019re planning on applying for a marriage-based green card, you\u2019ve probably heard about the visa bulletin.The visa bulletin is issued every month by the Department of State. It shows","permalink":"https:\/\/www.boundless.com\/immigration-resources\/how-to-read-the-visa-bulletin\/"},{"id":110,"title":"Preventing a Request for Evidence (RFE)","subtitle":"How to avoid\u2014and manage\u2014this common challenge in the green card process","body":"If you thought you were done with the\u00a0marriage green card application, receiving a Request for Evidence (or \u201cRFE\u201d) from U.S. Citizenship and Immigration Services (USCIS) can be frustrating and even scary. But don\u2019t panic!An RFE does not mean that your application is going to be denied or even that it is more likely to be denied than if you hadn\u2019t gotten the RFE. An RFE, as the name suggests, is simply a request for more documentation. It means that the USCIS officer reviewing your application needs more information before he or she can make a decision.Think of an RFE as a second chance to review your application and ensure that you have provided the most compelling evidence that\u00a0your marriage is real, and that you or your spouse are eligible for a marriage-based green card.It is very important that you respond to the Request for Evidence and provide as much of the requested evidence as possible by the deadline indicated on the notice. If your RFE requests more than one document, you have to send everything together in one response packet. If you don\u2019t meet the deadline, USCIS will make a decision based on the information and documents it already has, and that often means your application will be denied.The best way to handle a USCIS Request for Evidence is to avoid getting one in the first place. Even though an RFE does not necessarily mean that your application will be denied, it will always result in additional delays. In most (but not all) cases, RFEs can be avoided with a thoroughly prepared application.In general, RFEs are sent any time the USCIS officer reviewing your application needs more information\u2014but there are a few specific reasons that are especially common:1. Missing Initial EvidenceIf you failed to provide any documents, forms, or other evidence necessary to prove that you\u2019re eligible for a marriage-based green card, you will likely get an RFE. And that\u2019s a good thing\u2014certainly preferable over USCIS outright denying an application that was missing required initial evidence.2. The Sponsoring Spouse Lacks Sufficient IncomeWhen applying for a marriage-based green card, the U.S. citizen or green card holder has to demonstrate enough financial resources to support the family in the United States (typically by earning at least 125% of the federal poverty line). Failing to provide enough documentation to prove sufficient income is a common reason for RFEs.If the sponsoring spouse doesn\u2019t earn enough, he or she can find a co-sponsor\u2014often a family member\u2014who agrees to support the couple in the United States. You can our handy guide to see if you meet the financial support requirement.3. Missing Proof of Legal EntryIf the spouse seeking a green card is already within the United States, you must prove that he or she entered the United States legally.For most people, this means providing a copy of your stamped passport and\/or a copy of your I-94 travel history, the form that U.S. Customs and Border Protection (CBP) uses to track arrivals and departures.If you arrived in the United States by plane or boat before April 2013, you got a paper I-94. You also still get a paper I-94 if you if you enter the United States by land from Canada or Mexico.If you arrived by plane or boat after April 2013, however, your information was entered into a database and you didn\u2019t get a physical slip of paper. In that case, getting a copy of your I-94 online is relatively easy.If you lost your original I-94 and your records aren\u2019t available on the CBP website, you can file Form I-102 to request a replacement I-94.4. Missing Document TranslationsIf any of your documents are in a language other than English, you must provide a translation made by someone other than you or your spouse. These translations have to be certified, which just means that the translator must certify in writing that he or she has translated the document accurately. The certification should include the translator\u2019s name, address, and signature, as well as the date the translation was completed.5. Unusual CasesIf there are any unusual aspects of your case, provide additional explanations or evidence to pre-empt questions from USCIS. For example, if you previously applied for a green card for someone else (an ex-spouse), but ended up withdrawing your green card application, you should include a written explanation of that situation.The first step in responding to an RFE is to read the entire RFE carefully. Check out this guide to\u00a0understanding each part of the RFE. You will typically only get an RFE once, which means you have this one chance to respond to any and all remaining questions that USCIS has about your application.Next, you should review your original application package. USCIS officers are human, and sometimes they request information that you have already provided. If this is the case, you can photocopy the relevant documents from your original application package to include in your RFE response.Then you\u2019ll need to prepare your response package, including the following items:Your original RFE notice (NOT a photocopy) should be the first page of the response package. You only get one response to an RFE, so if there are several documents requested you need to send them all, together, in one package. If there are documents you\u2019ve photocopied from your original application, you should note that they came from that original application. Provide any necessary explanations. For example, if your birth certificate is bilingual (and one of the languages is English), but you are asked to submit a translation, you can point out that the birth certificate is already in English.If there is any document requested in the RFE that you can\u2019t provide, you should explain why you don\u2019t have access to it, and provide alternative evidence if possible. For example, you or your spouse might have trouble getting a copy of your birth certificate because a fire or other disaster destroyed the records. In that case, you should include a letter from the records office that would normally have your birth certificate explaining why that record is not available. You should also include a sworn statement (formally known as an \u201caffidavit\u201d) from a family member confirming the date and place of your or your spouse\u2019s birth.Lastly, returning the documents by the USCIS-imposed deadline is extremely important, as is good recordkeeping. You should photocopy your entire RFE response package, including the original RFE notice. When you mail it back to USCIS, make sure you have a way to track the package and confirm that it was delivered, and keep this proof of delivery with your photocopied RFE package.Remember: A Request For Evidence is one more opportunity to make the case that you qualify for a marriage-based green card. If you\u2019ve received an RFE, take enough time to prepare a thorough response and round up all of the requested documents.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationA Guide to Getting Your Marriage Green CardHow Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage Visa?More about the RFE ProcessAbout the\u00a0i-130a ProcessPreparing for the Green Card Interview","excerpt":"If you thought you were done with the\u00a0marriage green card application, receiving a Request for Evidence (or \u201cRFE\u201d) from U.S. Citizenship and Immigration Services (USCIS) can be frustrating and even scary. But don\u2019t panic!An RFE does not mean that your","permalink":"https:\/\/www.boundless.com\/immigration-resources\/what-is-a-request-for-evidence-rfe-and-what-should-i-do-about-it\/"},{"id":111,"title":"Marriage Visa Income Requirements","subtitle":"How to meet the U.S. government's financial sponsorship requirements","body":"Income Requirements for a Marriage Green CardThe most common annual minimum income requirement for a sponsoring spouse is\u00a0$20,575.\u00a0(This assumes that the sponsoring spouse is not active duty military, and that the couple has no children.)The income requirements increase along with family size, as shown in the following chart for residents of the\u00a0\u201cLower 48\u201d contiguous states (excluding Alaska and Hawaii, but\u00a0including the District of Columbia).Marriage Visa Income Requirements:If the sponsoring spouse lives in Alaska or Hawaii, they will face higher minimum income requirements.Income required if the sponsor lives in Alaska:Income required for sponsors living in Hawaii:To be eligible for a family-based immigrant visa after marriage (marriage visa), the sponsoring spouse (a U.S. citizen or green card holder) must accept financial responsibility for the spouse who is seeking the marriage visa (the \u201cbeneficiary\u201d). For more background, check out our article explaining the Affidavit of Support (Form I-864).The sponsoring spouse typically must have an annual income that is at least 125% of the Federal Poverty Guidelines. The more people there are in the sponsoring spouse\u2019s household, the higher the income requirement.Exactly how much income does the sponsoring spouse need? That depends on where the sponsor lives, the size of the household, whether the sponsor is active-duty military, and other factors. See below for a summary, as well as some frequently asked questions.What sources of income can I include?In general, your annual income as a green card sponsor is the same as the income you report on your U.S. federal tax returns: typically the \u201cadjusted gross income\u201d line on your tax return for the most recent tax year. Your total annual income could include wage and salary income, retirement income, alimony, child support income, dividend or interest income, or income from other sources.Can I include income from other members of my household?If the sponsoring spouse does not meet the minimum annual income requirement alone, then it\u2019s possible to include income from other adult household members as well. You can only include their income, however, as long as they are willing to make this income available to help support the spouse seeking a green card. A special form called the I-864A is required to establish this financial commitment.Can I include income from others outside my household?If the sponsoring spouse\u2019s entire household does not meet the minimum annual income requirement together, there is another option.The sponsoring spouse can enlist a secondary co-sponsor (a person outside the household) who is willing to accept full financial responsibility for the spouse who is seeking the green card. This secondary co-sponsor must submit their own Affidavit of Support (Form I-864) and must meet the above income requirements all on their own. (In other words, there can be no pooling of income or assets between the sponsoring spouse\u2019s household and the secondary co-sponsor.)Although the co-sponsor need not be a family member, he or she must be a U.S. citizen or green card holder residing in the United States.Can I include income from the spouse seeking the green card?The spouse seeking the green card (the \u201cbeneficiary\u201d) may also use his or her own income to meet the financial requirements, but only as long as this income will continue from the same source after the green card is obtained.What if my income still isn\u2019t high enough\u2014can I count my assets?If your total combined household income still does not meet the meet the minimum annual income requirement, you are allowed to use assets as a substitute for income. Here\u2019s how it works:Find the current Federal Poverty Guidelines minimum annual income for your household size (for most people, that\u2019s the \u201c125%\u201d or right-hand column in the charts above). Subtract your total household income to find the difference. Multiply that difference by three. That\u2019s the total value of your household\u2019s assets you\u2019ll need to demonstrate in order to meet the minimum financial sponsorship requirements for a marriage-based green card.For example, say that you\u2019re a household of three people living in Minnesota, with a total combined household income of $15,000 per year. According to the chart above, 125% of the Federal Poverty Guidelines for your family is $25,975 per year. $25,975 minus $15,000 equals $10,975, and $10,975 times three is $32,925. That means in this example, the household would need to show at least $32,925 in assets to qualify for a marriage-based green card.What kinds of assets can I include?In general, USCIS requires that assets \u201ccan be converted into cash within one year and without considerable hardship or financial loss to the owner.\u201d This could include savings accounts, certificates of deposit (CDs), mutual fund investments, individual stocks and bonds, and the like.You can include the net value of your home, which is the appraised value minus all mortgages and other amounts you still have to pay back on the home.You can also include the net value of a car (market value minus any loans you owe), but only if you have another car that you\u2019re not including as an asset.For more information, see the USCIS version of the Federal Poverty Guidelines (Form I-864P), as well as USCIS\u2019 instructions for the Affidavit of Support (Form I-864).\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nAdditional Marriage Visa InformationHow Long Does It Take to Get a Marriage Visa?How Much Does a Green Card (visa) Cost?Required Visa DocumentationFamily-Based Immigrant Visas (travel.state.gov)Marriage Visa Interview Questions","excerpt":"Income Requirements for a Marriage Green CardThe most common annual minimum income requirement for a sponsoring spouse is\u00a0$20,575.\u00a0(This assumes that the sponsoring spouse is not active duty military, and that the couple has no children.)The income requirements increase along with","permalink":"https:\/\/www.boundless.com\/immigration-resources\/income-requirements-for-a-marriagebased-green-card\/"},{"id":115,"title":"Green card applicants with criminal records","subtitle":"I'm applying for a U.S. green card and I have a criminal record. Can I still apply?","body":"Whether you\u2019re applying for a marriage green card from inside the United States or from abroad, a large portion of the application will be dedicated to questions about your criminal history.If you don\u2019t have a criminal history, you don\u2019t have to worry. But for many applicants, the criminal history section of the green card application is stressful, as a police record of any kind could be a reason for denial.As part of the spousal visa \/ marriage-based green card process, U.S. Citizenship and Immigration Services (USCIS) will check for criminal records for both the U.S. citizen or green card holder sponsoring his or her spouse, and the spouse applying to receive a green card. This article focuses on criminal records for the spouse seeking a green card. (For more information about the potential problems if the sponsoring spouse has a criminal record, see this article.)When you apply for a green card, USCIS wants to know about every interaction you\u2019ve ever had with law enforcement, both in your home country and in the United States. The only exception is traffic violations\u2014if the only citation you\u2019ve ever received was for a minor traffic issue, you don\u2019t need to mention it. For everything else, you do.When you\u2019re filling out your green card application, it\u2019s important to be honest and provide sufficient information to USCIS. You should mention every time you were cited, arrested, or charged with a crime, even if the charges were later dismissed or if your criminal record has been expunged.Beware: Lying on an immigration form can make you ineligible for a green card\u2014even if the incident you were trying to hide would not have made you ineligible on its own!Remember, though, that not all criminal histories will make it impossible to get a green card. According to U.S. immigration law, there are three types of criminal convictions that will make you inadmissible, meaning you can\u2019t receive a green card. They are:aggravated felonies crimes involving \u201cmoral turpitude\u201d crimes involving illegal drugsEach of these categories is explained in greater detail below.Even if you do have one of these crimes in your record, it is sometimes possible to get a \u201cwaiver of inadmissibility\u201d and receive a green card. Criminal records do often complicate green card applications, but they don\u2019t necessarily lead to a denial.What counts as a \u201cconviction\u201d?Generally speaking, the definition of a \u201cconviction\u201d under U.S. immigration law is broader than the definition of conviction under U.S. criminal law.\u201cConviction\u201d in the immigration context refers to any outcome in which you were either found guilty by a court or admitted guilt through a plea bargain\u2014even if you were told there would not be a criminal conviction on your record. For example, if you were arrested on a drug charge and participated in drug treatment as part of a diversion program, you might have no criminal record in the state where it happened, but still have a \u201cdrug conviction\u201d on your record for immigration purposes.What\u2019s an \u201cAggravated Felony\u201d?Under U.S. immigration law, being convicted of an \u201caggravated felony\u201d will make you ineligible to receive a green card. While \u201caggravated felony\u201d sounds like a very serious crime, the term is slightly misleading. What constitutes an \u201caggravated felony\u201d for immigration purposes has little to do with what is considered \u201caggravated\u201d or a \u201cfelony\u201d under state or federal criminal laws.Instead, for green card seekers, \u201caggravated felonies\u201d are a specified list of crimes that the United States Congress has decided will make an immigrant inadmissible to the United States. Some crimes considered to be \u201caggravated felonies\u201d for immigration purposes might be misdemeanors\u2014or not even crimes at all\u2014under state or federal criminal law. Some examples of these \u201caggravated felonies\u201d include the following:Murder Drug trafficking Filing a false tax return Sexual abuse of a minor (this includes, for example, consensual sex between a 21-year-old and a 17-year-old)What\u2019s a \u201cCrime of Moral Turpitude\u201d?Another type of criminal conviction that could make you ineligible for a green card is for a \u201ccrime of moral turpitude.\u201d This generally refers to any crime committed with \u201cevil intent\u201d\u2014that is, an intent to defraud someone or to inflict bodily harm. This is a very subjective category, and whether a conviction is a crime of moral turpitude can depend on if USCIS and the immigration courts have previously decided that that crime is a crime of moral turpitude.Crimes of moral turpitude include the following:Murder Rape Fraud Animal abuse or fightingHowever, the following crimes are, in most circumstances, not considered crimes of moral turpitude:Joyriding Simple Assault Breaking and enteringWhat\u2019s a \u201crelevant drug crime\u201d?Any drug-related criminal conviction can make you ineligible to receive green card, even if the conviction was only for possession or for drug use. The only exception stated in the Immigration and Nationality Act (INA) is if you have only one drug conviction and it was for possession of 30 grams or less of marijuana for your own personal use\u2014and even then, you would still need to apply for a waiver. All other drug crime convictions will likely make you ineligible for a green card.What about criminal convictions in another country?If you have a record of criminal convictions in a foreign country, there are two possibilities:The criminal conviction under the foreign country\u2019s laws is equivalent to an \u201caggravated felony\u201d, \u201ccrime of moral turpitude\u201d, or \u201cdrug crime\u201d under U.S. immigration law. In that case, the standards of inadmissibility (and possible waivers) are the same. The criminal conviction under the foreign country\u2019s laws is not equivalent to an \u201caggravated felony\u201d, \u201ccrime of moral turpitude\u201d, or \u201cdrug crime\u201d under U.S. immigration law. Such an argument must be made clearly and persuasively as part of the green card application, and there is no guarantee that USCIS will agree.If you\u2019re applying for a green card from inside the United States, you\u2019ll need to answer a number of questions about criminal history on Form I-485 (the \u201cApplication to Adjust Status\u201d). If you\u2019re applying for a green card through a U.S. embassy consulate from outside the United States, you\u2019ll need to answer the same questions on Form DS-260 (the \u201cImmigrant Visa Application\u201d). (Here is a general overview of both processes.)There are approximately 20 questions related to criminal history. Essentially, they ask whether or not you have any kind of criminal history, and whether or not you intend to commit any kind of crime in the future. Expect the questions to focus on issues related to drugs, human trafficking, money laundering, and prostitution.It\u2019s important to read each of these questions carefully, especially if you do have any kind of criminal history. Remember that these questions refer to your criminal history both in the United States and abroad. If you have a criminal history in your home country or in any other country, you must disclose it in the appropriate place when applying for a green card.If your answer to any of these questions is \u201cyes,\u201d you\u2019ll need to provide additional information. You should provide details about when and where you were cited, arrested, charged, or convicted, as well as the exact citation or charge and the final disposition of the case\u2014in other words, how the case was ultimately resolved.It\u2019s important to back up this information with official documents to prove that you are accurately describing your criminal record. This could include a statement from the police department where you were arrested or cited, copies of any charges made against you, discharge or expungement records, and records showing the final disposition of your case. An arrest or even a charge (that was ultimately dismissed) will not make you ineligible for a green card. However, it is very important to be candid about all arrests or charges in your past to avoid being found ineligible for a green card based on lying to the government.In some cases, you can apply for a \u201cwaiver of inadmissibility\u201d to excuse your criminal history, as long as you can show that your admission to the United States would not endanger anyone, and that your U.S. citizen or green card holder spouse would experience \u201cextreme hardship\u201d if you are not allowed to live in the United States.There are some crimes that cannot be excused with a waiver. There are no waivers for drug convictions, unless the only drug conviction is for simple possession of less than 30 grams of marijuana for personal use (see above). Waivers are also strictly impossible if you have been convicted of murder or torture.If you\u2019re applying for a green card from inside the United States, you can file your waiver request either with your green card application, while you\u2019re waiting for your green card application to be processed, or at your green card interview. The most expeditious option is to file your waiver request with your green card application, so the request can be processed at the same time as your green card application. If you\u2019re applying for a green card from outside the United States, you must apply for a waiver during your green card interview at the U.S. embassy or consulate.While a criminal record does complicate your green card application, it may not necessarily lead to a denial. Preparing a thorough and accurate green card application is all the more essential if you have a criminal history. If you have any doubts about how your criminal record could affect your green card application, you should contact an attorney or government-approved nonprofit. (See our immigration resources page for details.)\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"Whether you\u2019re applying for a marriage green card from inside the United States or from abroad, a large portion of the application will be dedicated to questions about your criminal history.If you don\u2019t have a criminal history, you don\u2019t have","permalink":"https:\/\/www.boundless.com\/immigration-resources\/green-card-applicants-with-criminal-records\/"},{"id":116,"title":"Green Card Sponsors with Criminal Records","subtitle":"I\u2019m a U.S. citizen and I have a criminal record. Am I allowed to sponsor my spouse for a green card?","body":"What would disqualify a green card sponsor?As part of the process of reviewing a marriage green card application, U.S. Citizenship and Immigration Services (USCIS) conducts background and security checks on both the U.S. citizen sponsor and the spouse seeking a green card. This article focuses only on the eligibility of the U.S. citizen sponsor. (For more about the impact of a criminal record on the spouse seeking a green card, click here.)Under U.S. immigration law, only convictions for certain \u201coffenses against a minor\u201d will automatically disqualify a U.S. citizen from sponsoring a spouse for a green card. These specific offenses as listed in the Adam Walsh Child Protection and Safety Act (technically now part of the Immigration and Nationality Act, Section 204(a)(l)(A)(viii), quoted here) are:An offense (unless committed by a parent or guardian) involving kidnapping. An offense (unless committed by a parent or guardian) involving false imprisonment. Solicitation [of a minor] to engage in sexual conduct. Use [of a minor] in a sexual performance. Solicitation to practice prostitution. Video voyeurism as described in section 1801 of title 18, United States Code. Possession, production, or distribution of child pornography. Criminal sexual conduct involving a minor or the use of the internet to facilitate or attempt such conduct. Any conduct that by its nature is a sex offense against a minor.If the U.S. citizen does not have a conviction for any of the offenses listed above, then the sponsor is not automatically disqualified from filing a green card application for his or her spouse.Other considerations with past convictionsIt\u2019s generally worth keeping in mind, however, that USCIS may choose to reveal any of the U.S. citizen\u2019s prior convictions (not just those listed above) to the spouse seeking a green card.USCIS may also ask for more information about prior convictions, even if they are not for one of the offenses listed above. USCIS has the discretion to disqualify a U.S. citizen sponsor if there is sufficient evidence that the U.S. citizen sponsor poses a risk to the safety of the spouse seeking a green card.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"What would disqualify a green card sponsor?As part of the process of reviewing a marriage green card application, U.S. Citizenship and Immigration Services (USCIS) conducts background and security checks on both the U.S. citizen sponsor and the spouse seeking a","permalink":"https:\/\/www.boundless.com\/immigration-resources\/green-card-sponsors-with-criminal-records\/"},{"id":117,"title":"Green Cards and Prior Immigration Violations","subtitle":"How do overstays, unlawful presence, and illegal entry affect your marriage green card application?","body":"When processing green card applications, U.S. Citizenship and Immigration Services (USCIS) is very strict about any past violations of U.S. immigration laws.You may experience serious problems obtaining a green card if you\u2019ve ever overstayed a visa (or stayed longer than 90 days after entering under the Visa Waiver Program), if you\u2019ve ever been in the United States without legal immigration status, or if you\u2019ve ever entered the United States illegally.If you\u2019ve been in the United States without legal immigration status, you could be forbidden from applying for a green card from within the United States and\/or barred from re-entering the United States if you leave. The length of time you would be required to remain outside of the United States depends on how long you had no legal immigration status.If you\u2019re in this situation, you might be able to apply for a \u201cwaiver of inadmissibility.\u201d Waivers require proving that your spouse would experience extreme hardship if you were not allowed to be in the United States together. Obtaining a waiver is not easy, but it\u2019s not impossible either, and it\u2019s important to present a compelling argument.Understanding the TermsThere are three major categories of immigration violations that can cause problems when you apply for a green card:An overstay is when you entered the United States with a visa (or through the Visa Waiver Program), but you stayed longer than you were allowed to. (The Visa Waiver Program allows citizens of some countries to visit the United States without a visa for up to 90 days.) If you overstay your visa, you start to accrue unlawful presence. Unlawful presence means that you are in the United States but you don\u2019t have any immigration status. This is sometimes called being in the United States \u201cillegally\u201d or being \u201cundocumented.\u201d Entering the United States without going through inspection is considered illegal entry. \u201cInspection,\u201d in the immigration context, means that a Customs and Border Patrol (CBP) officer checked your passport and allowed you to enter the United States.If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you\u2019ll need to get a new visa in your home country if you want to come back to the United States.In this scenario, you are still eligible to come back to the United States at any time, as long as you get the required visa to do so. However, obtaining a new visa after overstaying on a previous visit will be more challenging\u2014because you\u2019ll need to prove to the consular officer that you will not overstay your visa again.If you enter the United States using the Visa Waiver Program and stay for longer than 90 days, you won\u2019t be eligible to use the Visa Waiver Program in the future, even though you\u2019re from one of the eligible countries. If you wanted to return to the United States, you would need to apply for a visa at the local U.S. embassy or consulate.If you have more than 180 days of unlawful presence, meaning you overstayed your visa by 181 days or more, you will be barred from returning to the United States for a certain amount of time. If you were unlawfully present for between 180 and 365 days, you will be barred from entering the United States for three years. If you were unlawfully present in the United States for over a year, you\u2019ll be barred from returning for 10 years. (These are often called the \u201cthree- and ten-year bars\u201d or just the \u201cre-entry bars.\u201d)However, if you overstayed after entering the United States with a valid visa or under the Visa Waiver Program, then as long as you are married to a U.S. citizen, you can still apply for a marriage-based green card without leaving the United States. (For more information on this process, see Start to Finish: Green Cards for Spouses of U.S. Citizens Living in the United States.)Traveling out of the country after overstaying previous visaSpouses of U.S. citizens are one of the only categories of immigrants who are allowed to apply for (and receive) a green card without leaving the United States, even if they do not currently have a legal immigration status. They must have entered the United States legally, however.If you are in this category, and want to travel outside the United States while your green card application is being processed, you may apply for a travel permit (officially called an Advance Parole Travel Document), and you won\u2019t be subject to the re-entry bars for unlawful presence even if you would otherwise have been unable to re-enter the United States. It\u2019s extremely important to understand, however, that this policy (based on a 2012 decision of the Board of Immigration Appeals) is not uniformly applied around the country and could change at any time (including when you happen to be out of the United States).If you\u2019ve been in the United States without legal status, it\u2019s safest to wait until you\u2019ve received your green card before traveling outside the United States.The consequences of illegal entry are more complicated. If you entered the United States illegally (as opposed to overstaying), you cannot apply for a green card from inside the United States. But it can be perilous to leave the United States to apply for a green card from abroad\u2014as described above, if you have more than 180 days of unlawful presence, this will trigger a re-entry bar of 3 or 10 years.If, however, you entered the United States illegally but then left before staying 180 days, you would not face a re-entry bar and could apply for a green card through the U.S. embassy or consulate in your home country.It\u2019s also important to understand that if you were deported from the United States and then re-entered illegally, you would be barred from entering the United States for life.As described above, if you entered the United States illegally and have more than 180 days of unlawful presence, you will need to leave the United States to apply for a green card at a U.S. embassy or consulate. In order to avoid the three- and ten-year re-entry bars, you\u2019ll need to apply for a \u201cwaiver of inadmissibility\u201d to return to the United States.To qualify for a waiver, you will have to show that your \u201cqualifying relative\u201d will experience \u201cextreme hardship\u201d if you are not allowed to live in the United States. For this particular type of waiver\u2014called an \u201cunlawful presence waiver\u201d\u2014a qualifying relative can be a spouse or a parent who is either a U.S. citizen or U.S. green card holder. (You can include information about how the hardship faced by your children would impact your spouse, but children by themselves are not considered qualifying relatives for unlawful presence waivers.)When preparing your waiver application, you have to make the case that the hardship your spouse would experience is \u201cextreme.\u201d There has to be a strong reason that you and your spouse can\u2019t live together in your home country, as well as a compelling argument that your spouse will suffer if you aren\u2019t allowed to live in the United States.In the past, you would have had to leave the United States first and apply for a waiver at the U.S. embassy or consulate at the same time you applied for a green card. Today, however, you can apply for a \u201cprovisional waiver\u201d before you leave the United States. This both shortens the amount of time that you have to spend outside of the United States and gives you some measure of confidence that your waiver will be approved.USCIS policy regarding waivers has changed substantially in recent years. Before August 2016, you had to be the spouse of a U.S. citizen to get a provisional waiver before leaving the United States, but now spouses of green card holders are treated the same as spouses of U.S. citizens. In addition, waivers were previously only available for people applying for a marriage-based green card, but now anyone applying for a green card can apply for a provisional waiver. This expansion in the number of people eligible for provisional unlawful presence waivers has increased the length of time it takes for USCIS to process them, to as long as 8 months. Make sure you have the latest information from USCIS about provisional waiver eligibility.Overstaying your visa, remaining in the United States without immigration status, and entering the United States illegally can complicate your marriage-based green card application. As described above, however, past immigration violations may not necessarily prevent you from getting a marriage-based green card.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"When processing green card applications, U.S. Citizenship and Immigration Services (USCIS) is very strict about any past violations of U.S. immigration laws.You may experience serious problems obtaining a green card if you\u2019ve ever overstayed a visa (or stayed longer than","permalink":"https:\/\/www.boundless.com\/immigration-resources\/green-cards-and-prior-immigration-violations\/"},{"id":118,"title":"Form I-130, Explained","subtitle":"What is the \"Petition for Alien Relative\"?","body":"The first step in the family-based green card process is to submit Form I-130 (technically called the \u201cPetition for Alien Relative\u201d) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.The main purpose of this form is to establish that a valid family relationship exists between the sponsor and the person seeking a green card. In the context of a marriage visa, the I-130 petition is filed to prove that your marriage legally valid (based on a marriage certificate). This is also the phase in your marriage-based green card application process where you submit documents (for example, joint bank statements, joint insurance documents, and photos together) to prove that your marriage is real.Filing the I-130 petition also establishes your place in line for an available green card. Unless you\u2019re the spouse, parent, or unmarried child (under age 21) of a U.S. citizen (who get to skip the line entirely), your place in line is determined by your \u201cpriority date,\u201d which is simply the date that USCIS received your I-130 petition. Typically, petitions are processed in the order that they are filed. Check out our article on How to Read the Visa Bulletin to learn more about the wait times for specific green card categories.Who can file form I-130?U.S. citizens can file I-130 petitions for their spouses, children, parents, and siblings. Green card holders can file I-130 petitions for their spouses and unmarried children.The person filing the I-130 petition is called the \u201cpetitioner\u201d or \u201csponsor.\u201d This is the person who is the U.S. citizen or green card holder. The person seeking a green card is called the \u201cbeneficiary.\u201dWho Cannot File?There are some eligibility exclusions that prevent the filing of an I-130 petition, even when the above family relationships exist. You cannot file an I-130 in order to sponsor any of the following relatives:An adoptive parent or adopted child, if the child was adopted after he or she turned 16 years of age. A biological parent, if you became a green card holder or obtained U.S. citizenship through adoption. A stepparent or stepchild, if the marriage that created the step relationship happened after the child turned 18 years old. A spouse, if you and your spouse were not both physically present at the marriage ceremony. A spouse, if you became a green card holder through a prior marriage to a U.S. citizen or green card holder\u2014unless you are now a naturalized U.S. citizen, or you have been a lawful permanent resident for at least five years. A spouse, if you married your spouse while he or she was part of any proceedings before an immigration court. Any relative, if USCIS has determined that this person married or attempted to marry purely to obtain a U.S. immigration benefit. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.It is important to know that exceptions to some of the above exclusions do exist, and that you may be able to file an I-130 petition with additional supporting documentation in those situations.How much does it cost to file a petition?The government filing fee for an I-130 petition is $535. (For the full costs of the entire marriage-based green card process, click here.)How long does the petition process take?The processing time for your I-130 petition will depend on the family relationship and the USCIS office processing your form. For the full timeline of the entire marriage-based green card process, click here.Where to file your I-130 form.Where you should mail your I-130 petition depends on where you live and whether you are filing just an I-130 (officially a \u201cstandalone\u201d I-130) or an I-130 along with an I-485 green card application (technically called a \u201cconcurrent filing\u201d). USCIS provides a chart with all the different scenarios.The I-130 petition needs to be filed with supporting documents to prove that the sponsor is allowed to file an I-130, and that a valid family relationship exists with the person seeking a green card.The following supporting documents must be included with a marriage-based I-130 petition:Proof that the sponsoring spouse is a U.S. citizen or a green card holder (copy of birth certificate, naturalization certificate, valid U.S. passport, or green card) Proof that a legally valid marriage exists (a marriage certificate showing the names of both spouses, the place of marriage, and the date of marriage) Proof that the marriage is not fraudulent (for example, a joint lease, joint bank account statements, and pictures together) Proof that any previous marriages for both spouses have been terminated (typically, a divorce document or death certificate for the previous spouse) Proof of name changes for both spouses, if any (typically, a name change order) Proof of the beneficiary spouse\u2019s nationality (copy of birth certificate and passport)In the event that a required document is not available, you must submit alternative documents (officially called \u201csecondary evidence\u201d) so that USCIS can make a decision on your I-130 petition.For example, if your birth certificate is not available, you can first obtain a statement from the government agency in your home country that is in charge of issuing birth certificates, certifying that your birth certificate is not available through them. You can then submit alternative documents to prove the facts of your birth\u2014essentially, the date and place of your birth, and the names of your parents. Such documents might include baptism records, school records, or census records showing your date of birth, place of birth, and your parents\u2019 names.If none of the above alternative documents are available, you can submit written statements from at least two people who were alive when you were born, and have personal knowledge about the facts of your birth. These statements could be from your grandparents, uncles, aunts, or even family friends. Each statement should include the author\u2019s full name, address, and date and place of birth; all the facts about your own birth (date, place, and names of your parents); and an explanation of how the author has personal knowledge of these facts.The I-130 petition is a very important first step in any green card application process that\u2019s based on a family relationship. You should think of the I-130 as an opportunity to prove that your family relationship is valid and authentic.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nCommon marriage-based immigration formsWork Permit (Form I-765)Affidavit of Support (Form I-864)Online Immigrant Visa Application (Form DS-260)Online Choice of Address and Agent (Form DS-261)Family Sponsorship Petition (Form I-130)Supplemental Information (Form I-130A)Application for \u201cAdjustment of Status\u201d (Form I-485)Electronic Notification (Form G-1145)\u201cAdvance Parole\u201d Travel Document (Form I-131)","excerpt":"The first step in the family-based green card process is to submit Form I-130 (technically called the \u201cPetition for Alien Relative\u201d) to U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security.The main purpose","permalink":"https:\/\/www.boundless.com\/immigration-resources\/form-i-130-explained\/"},{"id":119,"title":"Form I-130A, Explained","subtitle":"What is the supplemental information form and who needs to complete it?","body":"The I-130A (technically called the \u201cSupplemental Information for Spouse Beneficiary\u201d) is a separate supporting form that must be filed along with any marriage-based I-130 petition. USCIS uses the I-130A to gather essential background information about the spouse seeking a green card\u2014focusing on his or her last five years of residence history and employment history.The person filing the I-130 is called the \u201cpetitioner\u201d or \u201csponsor.\u201d This person is the U.S. citizen or green card holder. The person seeking a green card is called the \u201cbeneficiary\u201d is the person filling out the I-130A.Download form I-130A (PDF) directly from USCIS. Or fill it out the easy way with Boundless. Try it out now!Who needs to fill out the I-130A?The spouse seeking a marriage-based green card must complete an I-130A and include it with a the I-130 petition. Spouses who are present in the United States must sign the I-130A. Spouses who are outside the United States must still complete and file the I-130A, but they aren\u2019t required to sign it.Who doesn\u2019t need to complete the I-130A?Since the I-130A is required specifically for the marriage-based green card process, it\u2019s not necessary for those filing an I-130 petition for other kinds of family members (children, parents, etc.).How much does it cost?There is no fee associated with the I-130A. It is a form that purely supports the I-130 petition (which does have a fee associated with it).How long does it take?The I-130A will be processed by USCIS along with the I-130 petition. There is no additional or separate processing time for the I-130A. (For the full timeline of the entire marriage-based green card process, click here.)How should I submit the I-130A?The I-130A is filed along with the I-130 petition, and should be sent to the same place all in one package. Where you should mail your I-130 petition depends on where you live and whether you are filing just an I-130 (officially a \u201cstandalone\u201d I-130) or an I-130 along with an I-485 green card application (technically called a \u201cconcurrent filing\u201d). USCIS provides a chart with all the different scenarios.What if I don\u2019t remember a past address?According to the official USCIS form instructions, the I-130A should include a complete address history for the last five years, without any gaps.If you are unable to remember a past address, there are free resources that can help:AnnualCreditReport.com is a government-endorsed site that provides up to three free credit reports per year, including a list of past addresses. If you have used an online retailer for a number of years, you can check your order history for past addresses.The I-130A isn\u2019t a lengthy form (just 6 pages), but it\u2019s a necessary part of any marriage-based green card application. It\u2019s important to make sure that all the information entered in the I-130A is accurate.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nCommon marriage-based immigration formsWork Permit (Form I-765)Affidavit of Support (Form I-864)Online Immigrant Visa Application (Form DS-260)Online Choice of Address and Agent (Form DS-261)Family Sponsorship Petition (Form I-130)Supplemental Information (Form I-130A)Application for \u201cAdjustment of Status\u201d (Form I-485)Electronic Notification (Form G-1145)\u201cAdvance Parole\u201d Travel Document (Form I-131)","excerpt":"The I-130A (technically called the \u201cSupplemental Information for Spouse Beneficiary\u201d) is a separate supporting form that must be filed along with any marriage-based I-130 petition. USCIS uses the I-130A to gather essential background information about the spouse seeking a green","permalink":"https:\/\/www.boundless.com\/immigration-resources\/form-i-130a-explained\/"},{"id":120,"title":"Why Would My Green Card Application Be Denied?","subtitle":"Top reasons marriage green cards are denied","body":"Even if your marriage green card application is straightforward and free of red flags, the high stakes make a lot of applicants anxious. If you\u2019re unable to sleep at night, envisioning all of the reasons why your application might be denied, remember that U.S. Citizenship and Immigration Services (USCIS) has the same goal as you and your spouse: Ensuring that eligible couples with genuine marriages are able to live together in the United States.Marriage-based green card applications have a relatively high approval rate, but that doesn\u2019t mean that they are never denied. Here are some of the most common problems that marriage-based green card applications run into, and how you can avoid them.Failing to establish a valid and authentic marriageThe most essential part of your green card application is proving that you and your spouse have a legally recognized marriage and that your relationship is authentic. This marital relationship is the foundation of your eligibility for a green card.The first step is proving that you have a valid, legally recognized marriage. In the simplest of cases, USCIS needs to see a copy of your marriage certificate. There are a number of ways that this can become more complicated, however. Your marriage must be valid and legally recognized in the place where you were married, and you have to prove that any previous marriages ended before your current marriage started, by including either divorce certificates or death certificates for any prior spouses.Here are some examples of how you might run into trouble proving that your marriage is legally valid:One spouse\u2019s divorce didn\u2019t become final until after you were married. You are a same-sex couple and got married in a country that does not officially recognize same-sex marriages. Your marriage wasn\u2019t legally recognized in the country where you got married for other reasons, such as a prohibition against interfaith marriages.The second part of establishing your marital relationship is proving that your marriage is authentic, rather than a marriage made solely for the purpose of getting a green card. You and your spouse must provide evidence of your relationship and your life together, such as financial documents, photos from trips together, and birth certificates of your children, if you have any, to prove the authenticity of your marriage. Check out our article for more information on proving your marriage is real.Mistakes on the green card application packageSimple errors are a common reason that green card applications get denied. It\u2019s important to carefully review all of your application materials before sending them to USCIS. The most common errors include:Failure to provide translations.\u00a0Any documents in a non-English language, including birth certificates and marriage certificates, must be translated, word-for-word, into English. You need to include both the translation and the non-English version in your application package, and the translations have to be certified. That simply means that the translator must certify in writing that he or she has translated the document accurately. The certification should include the translator\u2019s name, address, and signature, as well as the date the translation was completed. Missing information in the forms.\u00a0Make sure you fill out the green card application forms completely, and write \u201cN\/A\u201d (meaning \u201cnot applicable\u201d) if a question doesn\u2019t apply to you and your spouse. Problems with the photos.\u00a0The green card application package requires passport-style photos. You will be able to take these photos at most drug stores. However, you should make sure they meet government requirements. Insufficient fees.\u00a0Required filing fees for a marriage-based green card vary by situation, ranging from a total of $1,200 to $1,760. You can check the current list of all USCIS fees here. Missing signatures.\u00a0Make sure that both you and your spouse have signed on all of the required signature lines. Only an original (\u201cwet ink\u201d) signature will be accepted by USCIS.Insufficient financial resourcesAs part of the marriage-based green card process, the U.S. citizen or green card holder sponsoring his or her spouse must prove that he or she has enough financial resources to support the spouse. USCIS generally requires that sponsoring spouse earn at least 125% of the Federal Poverty Level in order for his or her spouse to qualify for a green card. This is usually established by providing copies of the sponsoring spouse\u2019s federal income tax returns and\/or recent pay stubs.There are alternatives for demonstrating sufficient financial resources, including income from the sponsoring spouse\u2019s household members, assets in place of income, or financial co-sponsorship by a family member or friend. Check out our article for more details on these income requirements for a marriage-based green card.Not eligible to apply for a green card from inside the United StatesJust being married to a U.S. citizen or green card holder does not always mean that you are eligible to apply for a green card from within the United States.If you entered the United States as a tourist (either on a tourist visa or under the Visa Waiver Program) and applied for a green card less than 60 days after arriving in the United States, your application might be denied unless you can prove that you didn\u2019t intend to apply for a green card when you entered the United States. (For more, see our detailed article on traveling to visit a spouse.) If you entered the United States illegally, you aren\u2019t eligible to apply for a green card from inside the United States. If you are in this situation, you would need to apply for a \u201cprovisional unlawful presence waiver\u201d and then apply for a green card at the U.S. embassy or consulate in your home country. (For more, see our detailed article on green cards and prior immigration violations.) If you entered the United States on a J-1 exchange visitor visa, you may be required to spend two years in your home country after your time in J-1 status\u2014unless you obtain a waiver of this residency requirement. If you entered the United States on C-1\/D \u201ccrewman visa,\u201d you are ineligible to apply for a green card from within the United States. If you are currently in removal proceedings, you are ineligible to apply for a green card from within the United States. If you originally entered the United States on a\u00a0K-1 fianc\u00e9(e) visa sponsored by a different partner, but did not marry that person, you generally won\u2019t be able to apply for a marriage green card.Not eligible, periodThere are some situations that can make you or your spouse categorically ineligible to obtain a green card. These situations include:Certain criminal records.\u00a0Some (but not all) types of criminal records could make you or your spouse ineligible to apply for a green card. The rules are different for green card sponsors and green card seekers. Certain medical issues.\u00a0If the spouse seeking a green card has a communicable disease, a mental illness, or a history of drug abuse, he or she could be ineligible for a green card. For more details, see our article about the green card medical exam. Lies and misrepresentations.\u00a0Any kind of misrepresentation or dishonesty to immigration officials is considered fraud, and will prevent you from getting a green card.Even for someone who is otherwise ineligible for a marriage-based green card due to a criminal record, a medical issue, or prior immigration fraud, it may be possible to qualify for a \u201cwaiver of inadmissibility.\u201d Typically, USCIS will only grant such a waiver when presented with proof that a U.S. citizen or green card holder spouse would suffer \u201cextreme hardship\u201d if his or her spouse could not live in the United States.Many potential reasons for denial can be avoided with proper preparation. It\u2019s always better to know ahead of time what problems your green card application might face, so that you can address them from the start.Preventative measures could include filing a waiver request, finding a financial co-sponsor, or getting married again if there are legal issues with your initial marriage.Thorough preparation can make the difference between a smooth green card application process and a denial that threatens your plans to live together in the United States.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationGreen Card Sponsors with Criminal RecordsGreen Card Applicants with Criminal RecordsWhat is a Request for Evidence (RFE) and What Should I Do?DACA Recipients and Marriage Green CardsOverstays, Unlawful Presence, and Illegal EntrySponsoring an Undocumented SpouseSame-Sex Relationships and Marriage-Based Green CardsAvoiding Immigration ScamsThe Diversity Visa LotteryGovernment Monitoring of Immigrants\u2019 Social Media","excerpt":"Even if your marriage green card application is straightforward and free of red flags, the high stakes make a lot of applicants anxious. If you\u2019re unable to sleep at night, envisioning all of the reasons why your application might be","permalink":"https:\/\/www.boundless.com\/immigration-resources\/why-would-my-green-card-application-be-denied\/"},{"id":122,"title":"Avoiding Immigration Pitfalls","subtitle":"How Boundless can help you navigate the immigration system with confidence","body":"We\u2019ve got good news and bad newsThe bad news is, the immigration system is complicated and full of potential traps and roadblocks. (For more details, take a deep breath and read this lengthy list of things that could go wrong.) The good news is, Boundless will help you avoid such errors and maximize the chance of success for your marriage green card application. We help you avoid immigration pitfalls by:Guiding you through each step toward completing your green card application package Making sure that your application package is reviewed by an independent attorney Mailing you the entire printed package with clear instructions on how to sign and submit it Sending you timely updates and reminders from the moment you send off your completed package to the moment you receive your green cardAll of this costs only $750 (plus government filing fees)\u2014there are no hidden charges. Let\u2019s take a closer look at the many common pitfalls and worries that Boundless will help you avoid.Are we eligible for a marriage-based green card?Do we have enough money to satisfy the income requirements? Will we have an issue with prior immigration violations or criminal records? Boundless helps demystify these issues and understand your options\u2014and if you have any remaining questions, you can ask the independent immigration attorney.Did we make a mistake on our application forms?There are so many forms\u2014did we fill out the right ones? Did we provide the right information? Did we forget to fill in a box somewhere?Boundless translates the government\u2019s complicated forms and instructions into a clear series of questions, so you know exactly what information is necessary to provide. Our technology is designed to catch accidental errors\u2014and the independent attorney review provides an extra failsafe.Did we make a mistake in the supporting documents?There are so many required documents\u2014did we include everything? How do we prove that our marriage is real? Did we provide the proper translations for everything that isn\u2019t in English?With Boundless, you don\u2019t have to photocopy or print out your supporting documents, or worry about how to arrange them. We\u2019ll tell you what\u2019s required, and then all you have to do is scan or snap a picture of the document and upload it to your secure online account.Did we mess up the filing process?The application package has so many different parts\u2014did we miss anything? Did we write out the check for government fees properly, and is it for the right amount? Did we sign every form that needs a signature? Are we even sending this package to the right address? Boundless prints out the whole green card application just for you\u2014including all required forms and supporting documents\u2014and mails it to you in a beautiful package that meets the government\u2019s precise preferences. (We got a two-hole puncher so you don\u2019t have to!) This package comes with clear instructions, so you\u2019ll know exactly where to sign and what extra items are required. We also include an envelope that\u2019s already stamped and addressed to just the right destination at U.S. Citizenship and Immigration Services (USCIS), so all you have to do is drop by the local post office and send off your application package.Are we doing anything wrong while we wait?Now that we\u2019ve submitted the green card application package and know how long we have to wait, are we missing any important deadlines? Is the lack of updates from the government normal or should we be worried? Long after you\u2019ve submitted your green card application package, Boundless sticks with you\u2014helping you stay on top of the fingerprint appointment, interview preparation, any required follow-on forms, and every other important milestone along the way. We want to celebrate with you at the moment you receive your green card.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationAvoid These Immigration ScamsMarriage Green Cards, ExplainedHow Long Does It Take to Get a Marriage Visa (green card)?How Much Does it Cost to Get a Green Card?What Documents Do I Need for a Marriage-Based Green Card?","excerpt":"We\u2019ve got good news and bad newsThe bad news is, the immigration system is complicated and full of potential traps and roadblocks. (For more details, take a deep breath and read this lengthy list of things that could go wrong.)","permalink":"https:\/\/www.boundless.com\/immigration-resources\/avoiding-immigration-pitfalls\/"},{"id":123,"title":"Form I-485, Explained","subtitle":"When to use the \"Adjustment of Status\" form in the green card process","body":"What is USCIS Form I-485 (Adjustment of Status)?The next step in the family-based green card process after submitting\u00a0Form I-130 (Petition for Alien Relative) is to submit Form I-485 (Application for Adjustment of Status). In the context of a marriage-based green card\u00a0(spouse visa), the main purpose of the I-485 is to prove that the foreign spouse is eligible for U.S. permanent residency. The spouse, whose signature is on the I-485, is called the \u201capplicant.\u201dWhen the foreign husband or wife is present in the United States, it is often possible to file the I-130 and the I-485 at the same time (a process known as \u201cconcurrent filing\u201d).Who can file Form I-485?An applicant (husband or wife getting their green card) can file an I-485 based on seven major categories (as listed on the form):\u00a0family-based, employment-based, special immigrant, asylum or refugee, human trafficking victim or crime victim, special programs, and additional options. The I-485 further divides these seven categories into 27 sub-categories for clarity.For purposes of a marriage-based green card,\u00a0only a foreign spouse who is physically present in the United States can file an I-485 to apply for a green card. The spouse must have entered the United States on a valid visa. In addition, an immigrant visa must be \u201cimmediately available\u201d for the spouse. This means that Form I-130 must already have been approved (as in the case of the spouse of a green card holder) or the I-130 and the I-485 forms must be concurrently filed (as in the case of the spouse of a U.S. citizen).Who Cannot File Form I-485?First, spouses who are not physically present in the United States cannot file the I-485. Second, even\u00a0when the spouse is physically present in the United States, there are some eligibility exclusions that prevent the filing of an I-485 application.You typically cannot file an I-485 if:You entered the United States as a crewman; You entered the United States for transit purposes (i.e. on your way to another country); You were admitted to the United States as a witness or informant;\u00a0or You are \u201cdeportable\u201d because you were involved in terrorist activity or involved with a terrorist group.In addition to the above eligibility exclusions, there are \u201cinadmissibility\u201d grounds that may prevent you from filing an I-485. This means that you are disqualified from receiving a green card based on certain factors specific to you. These disqualifying categories include:Health-related grounds (you have a disqualifying communicable disease or mental health condition) Criminal grounds (you were convicted of certain specific crimes) Security grounds (you are a threat to the national security of the United States) Violations of immigration law or procedure (you\u2019ve previously broken U.S. immigration laws) Public charge grounds (you are likely to become dependent on public benefits) Other grounds (miscellaneous grounds such as entering the United States to practice polygamy, being an international child abductor, and voting unlawfully)Depending on the family relationship or the category of green card, \u201cwaivers\u201d may be available to remedy some of the above grounds of disqualification.The I-485 application needs to be filed with supporting documents to prove that the applicant is eligible for a green card. The following supporting documents must be included with a\u00a0marriage-based I-485 application:Proof that the spouse entered the United States using a valid visa, demonstrated by a copy of this prior visa and the I-94 travel record (available here). Proof of the foreign spouse\u2019s nationality (copy of a birth certificate and foreign passport). Proof of the sponsoring spouse\u2019s ability to financially support the spouse seeking a green card (copy of the sponsoring spouse\u2019s latest federal income tax returns and pay stubs)\u2014for more details, see our explanation of the \u201cAffidavit of Support.\u201d If the spouse seeking a green card has ever been arrested, proof that there was no conviction (certified copy of the court record). The spouse seeking a green must also include a medical examination performed by a USCIS-approved doctor. You can find one in your area by using the USCIS find a doctor tool.Secondary evidenceIn the event that a required document is not available, you must submit alternative documents (officially called \u201csecondary evidence\u201d) so that USCIS can make a decision on your I-485 application.For example, if your birth certificate is not available, you can first obtain a statement from the government agency in your home country that is in charge of issuing birth certificates, certifying that your birth certificate is not available through them. You can then submit alternative documents to prove the facts of your birth\u2014essentially, the date and place of your birth, and the names of your parents. Such documents might include baptism records, school records, or census records showing your date of birth, place of birth, and your parents\u2019 names.If none of the above alternative documents are available, you can submit written statements from at least two people who were alive when you were born, and have personal knowledge about the facts of your birth. These statements could be from your grandparents, uncles, aunts, or even family friends. Each statement should include the author\u2019s full name, address, and date and place of birth; all the facts about your own birth (date, place, and names of your parents); and an explanation of how the author has personal knowledge of these facts.The I-485 petition is a very important step in any green card application process that\u2019s based on a family relationship. You should think of the I-485 as an opportunity to prove that you are eligible for a green card.How Much Does It Cost?The government filing fee for an I-485 application is $1,225.\u00a0For the full costs of the entire marriage-based green card process, click here. In some situations, the fee for an I-485 might be lower or waived entirely (see the filing fee section of the I-485 instructions for details).How Long Does It Take?The processing time for your I-485 petition will depend on your category of adjustment and the USCIS office processing your application. For example, the processing time for I-485 applications filed by spouses of U.S. citizens is currently about 9-11 months. For the full timeline of the entire marriage-based green card process, click here.Where to File?Where you should mail your I-485 application depends on where you live and your category of adjustment. USCIS provides a chart with all the different scenarios.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nCommon marriage-based immigration formsWork Permit (Form I-765)Affidavit of Support (Form I-864)Online Immigrant Visa Application (Form DS-260)Online Choice of Address and Agent (Form DS-261)Family Sponsorship Petition (Form I-130)Supplemental Information (Form I-130A)Electronic Notification (Form G-1145)\u201cAdvance Parole\u201d Travel Document (Form I-131)","excerpt":"What is USCIS Form I-485 (Adjustment of Status)?The next step in the family-based green card process after submitting\u00a0Form I-130 (Petition for Alien Relative) is to submit Form I-485 (Application for Adjustment of Status). In the context of a marriage-based green","permalink":"https:\/\/www.boundless.com\/immigration-resources\/form-i-485-explained\/"},{"id":126,"title":"Can I Sponsor My Undocumented Spouse's Green Card?","subtitle":"Applying for a green card for an undocumented spouse","body":"Family reunification has traditionally been a cornerstone of U.S. immigration policy, with a major emphasis on allowing immediate relatives\u2014defined in immigration law as spouses, minor children, and parents of U.S. citizens\u2014to live together in the United States.In many cases, it\u2019s possible to apply for a marriage green card for an undocumented spouse.The risks, expenses, and timelines vary depending on whether the sponsoring spouse is a U.S. citizen and whether the undocumented spouse entered the United States illegally.Given recent increases in immigration enforcement, including against people who have no criminal record, many families are deciding that the benefits of obtaining a green card for an undocumented spouse outweigh the risks and expense of the application process.Here\u2019s what you need to know about applying for a marriage-based green card for an undocumented spouse\u2026If you are a U.S. citizen and your spouse entered legally but overstayedThe good news is that if you are a U.S. citizen and your spouse entered the United States \u201cwith inspection\u201d\u2014meaning that he or she was inspected by a Customs and Border Protection (CBP) agent, and had a valid visa or entered under the Visa Waiver Program\u2014the application process for a marriage-based green card is the same as if your spouse had legal status.If this is the case, there\u2019s arguably little downside to applying for a marriage-based green card. The undocumented spouse should, however, be extremely cautious about leaving the United States until he or she has received his or her green card. If your spouse leaves the United States, he or she could be unable to return for three or ten years, depending on how long he or she was present in the United States without legal immigration status. Click here for more information on the consequences of overstaying a visa.If you are a U.S citizen and your spouse entered illegallyYour spouse may be able apply for a green card\u2014but he or she must leave the United States in order to do so.If your spouse entered the United States illegally but has been in the United States for less than 180 days, he or she could return home and apply for a green card through the U.S. consulate, just as someone would do if he or she were living abroad and applying for a marriage-based green card.If your spouse has been in the United States for more than 180 days without legal status, he or she will be subject to a bar from entering the United States for either three years or ten years. To avoid this bar, your spouse would need to apply for a provisional waiver to be able to return to the United States sooner.Couples in this situation generally need to do the following:Submit Form I-130\u00a0to U.S. Citizenship and Immigration Services (USCIS), making sure to indicate that your spouse will be applying for a green card from abroad. If your I-130 is approved (generally about 6-8 months), you will typically get a notification from the National Visa Center asking you to submit the immigrant visa application and pay the immigrant visa fee. You\u2019ll need a receipt showing that you submitted this immigrant visa application in order to then submit your provisional waiver application. If your provisional waiver is approved (generally after about 6 months), your spouse\u2019s visa interview at the U.S. consulate will be scheduled, and your spouse will need to travel to his or her home country to attend the interview.If, however, your spouse has entered the United States illegally more than once,\u00a0has entered illegally after having been deported, or has entered illegally after having been in the United States without legal status for more than a year, he or she is likely subject to a permanent lifetime bar to entering the United States.\u00a0Click here for more information on the consequences of illegal entry.If you are a green card holder and your spouse is undocumentedSpouses of U.S. green card holders must have a current legal immigration status in order to apply for a green card from inside the United States.Whether or not they entered the country legally, the marriage-based green card application process for undocumented spouses of U.S. green card holders is similar to the process for spouses of U.S. citizens who entered the United States illegally (see above). However, there are two key differences:The process takes longer for spouses of green card holders, because they have to wait for a visa to become available. It takes approximately 18 months longer before they are able to apply for an immigrant visa with the National Visa Center, which they must do before applying for a waiver. Until recently, spouses of green card holders were not able to get waivers if they were subject to the three- or ten-year reentry bars due to unlawful presence in the United States. It\u2019s important to make sure that you get accurate, up-to-date information about whether or not your spouse would qualify for a waiver in this situation.How does DACA affect my spouse\u2019s eligibility for a marriage-based green card?The ways that DACA (Deferred Action for Childhood Arrivals) affects eligibility for a marriage green card are subtle, but could make a huge difference in individual cases\u2014especially if the DACA recipient spouse arrived in the United States illegally and\/or the sponsoring spouse is a U.S. green card holder.First of all, \u201cunlawful presence\u201d doesn\u2019t accrue until a person turns 18. If your spouse applied for DACA before turning 18, or within 180 days of turning 18, then generally he or she will not be subject to reentry bar (and therefore will not need a waiver) if he or she has to apply for a green card from outside the United States.Just as importantly, many DACA recipients have been able to travel outside of the United States and return legally with a travel document, also called \u201cAdvance Parole.\u201d If your spouse is currently a DACA recipient and last entered the United States with his or her travel document, he or she should be able to apply for a marriage-based green card from inside the United States.Otherwise, DACA should have no special effect on whether or not your undocumented spouse qualifies for a marriage-based green card.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage Green Cards, ExplainedFianc\u00e9 Visa Vs. Marriage Visa?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview \u2013 U.S. Immigration Help","excerpt":"Family reunification has traditionally been a cornerstone of U.S. immigration policy, with a major emphasis on allowing immediate relatives\u2014defined in immigration law as spouses, minor children, and parents of U.S. citizens\u2014to live together in the United States.In many cases, it\u2019s","permalink":"https:\/\/www.boundless.com\/immigration-resources\/undocumented-spouse\/"},{"id":127,"title":"The Diversity Visa Lottery","subtitle":"What you need to know about this Department of State program","body":"Have you heard an immigrant in your community talking about how he or she \u201cwon the lottery?\u201d In all likelihood, the lottery your neighbor is talking about is the Diversity Visa program, which is administered by the Department of State as a way to increase the diversity of the immigrants coming to live in the United States.Each year, the Diversity Visa program allows 50,000 randomly selected people\u2014only from countries that don\u2019t send many immigrants to the United States\u2014to obtain permanent residency (commonly called a \u201cgreen card\u201d). It\u2019s a way for individuals and families who otherwise wouldn\u2019t have any way to legally immigrate to the United States to get a green card.Entering the Diversity Visa lottery involves filling out a simple form online, and it doesn\u2019t cost anything. You can enter the lottery every year from early October through early November. The winners are selected at random by a computer, and they and their immediate families receive green cards.The Diversity Visa was established by the Immigration Act of 1990 as a way to increase the diversity among immigrants to the United States. There have always been a handful of countries from which the majority of immigrants to the United States come, and Congress established the Diversity Visa program to increase the number of immigrants from smaller countries and countries that don\u2019t send many immigrants to the United States.The Diversity Visa is administered primarily by the U.S. State Department. The State Department runs the lottery and selects and notifies the winners. Over 95 percent of immigrants who win the green card lottery go through the State Department to get their green cards, as most of them are living outside the United States when they win the Diversity Visa lottery.Just because the Diversity Visa exists now doesn\u2019t mean that it isn\u2019t subject to change. Several past and current immigration reform bills in Congress would eliminate the program entirely\u2014though for now, none of these proposals have been enacted yet.Country of birthIn order to qualify for the Diversity Visa, you must have been born in a country that sent less than 50,000 immigrants to the United States over the past 5 years. There is some yearly variation in the countries that are eligible, but Canada, China, India, Mexico, and the United Kingdom never make the list, because these countries all send a large number of immigrants to the United States.If your native country is not eligible, there are still two ways you could qualify for the Diversity Visa:If your spouse was born in an eligible country, you can apply with your spouse and choose your spouse\u2019s birth country on your application. If neither of your parents were legal residents in your own country of birth, you can choose your mother or father\u2019s country of birth.EducationThe second major requirement for Diversity Visa applicants is that you must have at least a high school degree, or at least two years of work experience within the past five years in a profession that requires at least two years of training, as determined by the U.S. Department of Labor.If you\u2019re selected in the green card lottery, you and your family members will have to meet the same requirements as any other U.S. green card applicant. Certain types of criminal records could make you ineligible for a green card. There are also some medical conditions that could make it difficult or impossible to get a green card.What if I\u2019m Married to a U.S. Citizen or Have Other Family Ties to the United States?If you\u2019re married to a U.S. citizen, you could still apply for the Diversity Visa lottery. However, there\u2019s little advantage to doing so, since you will almost always be able to come to the United States sooner by applying for a marriage-based green card instead.If you have another family member who could sponsor your green card, it might still be worthwhile to apply for the Diversity Visa lottery. Some family-based immigration categories\u2014for example, siblings of U.S. citizens\u2014take a very long time, and you would be able to come to the United States much sooner if you won the Diversity Visa lottery.Entering the LotteryParticipating in the lottery is relatively easy. You fill out a form on the State Department\u2019s website\u00a0while it is available, from early October through early November.\u00a0Most of the questions are easy to understand; however, there are a few places where these extra suggestions may be helpful:For \u201ccountry of birth,\u201d list the country you were born in, regardless of where you currently live. If the country has a different name now than it did when you were born, use the country\u2019s current name. For \u201ccountry of eligibility,\u201d list either your country of birth, or\u2014if you qualify to use your spouse\u2019s or your parents\u2019 birth countries\u2014list that country. The country you currently live in is irrelevant for this question. Your spouse: You must list your spouse, even if he or she doesn\u2019t live with you and does not intend to immigrate with you. Your children: You must list all of your biological children and all of your adopted children, no matter how old they are. You should also list all of your step-children under age 21, even if you are no longer married to their parent.Once you submit your application, it\u2019s essential to keep your confirmation number, because this is the only way to know if you\u2019ve been selected.Selection and NotificationThe winners of the Diversity Visa lottery are chosen at random by a computer program, with a certain number of visas allocated to each region of the world and no one country receiving more than 7 percent of the Diversity Visas available in any given year.Although the exact dates vary, people who have entered the Diversity Visa lottery can check the status of their application beginning in early May the year following their application, by using the Entrant Status Check link on the Diversity Visa webpage. This is why it\u2019s so important to save that confirmation number: Without it, you won\u2019t be able to see if you\u2019ve been selected or not.If you\u2019re selected in the green card lottery, it\u2019s important to act fast, even though it could still be a year or more before you\u2019re able to come to the United States. There are two reasons to act immediately: First of all, your application must be processed and your visa must be issued by the end of the fiscal year for which you were selected. Second, there are more people selected for the Diversity Visa than there are visas available, and if you wait until the last minute there might not be any visas left.When you\u2019re notified that you won the Diversity Visa, you\u2019ll get a numerical rank, which will tell you when you can apply for your visa. Towards the end of July, you can check the State Department\u2019s visa bulletin to see when you can submit your application. The first visas are available on October 1, the first day of the U.S. government\u2019s fiscal year, and you can submit your application up to 90 days ahead of time.If you\u2019re outside the United StatesThe vast majority of people who are selected for the Diversity Visa aren\u2019t in the United States, and will apply for a green card through the U.S. consulate in their home country. As soon as you see that there is a visa available, you should submit form DS-260 with the National Visa Center. Once your application is processed, it will be forwarded to the U.S. consulate, which will schedule a visa interview. If you meet all the requirements, you will be approved for your immigrant visa at the interview.If you\u2019re in the United StatesIf you\u2019re in the United States in a temporary immigration status (technically known as \u201cnon-immigrant status\u201d) when you win the Diversity Visa lottery, you\u2019ll apply for a green card through United States Citizenship and Immigration Services (USCIS) by filing Form I-485. You should submit your application as soon as a visa becomes available, based on the visa bulletin.Unfortunately, the Diversity Visa program is sometimes abused by scammers as a way to defraud hopeful immigrants. Here are a couple of tips to avoid common scams related to the Diversity Visa:Entering the Diversity Visa lottery is free. Anyone claiming to collect a fee on the Department of State\u2019s behalf is scamming aspiring immigrants. The Department of State does not notify winners either by mail or by email; the only way to know if you\u2019ve been selected is to check your application using Entrant Status Check.Entering the Diversity Visa lottery is like entering any other lottery\u2014the odds of winning aren\u2019t high\u2014but if you\u2019re lucky, it can be a way to come to the United States even if you don\u2019t have any family or employment contacts. If you\u2019re married to a U.S. citizen, though, applying for a marriage green card is almost certainly the better option.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationGreen Card Marriages, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?Green Card Interview QuestionsAbout the I 130a Form","excerpt":"Have you heard an immigrant in your community talking about how he or she \u201cwon the lottery?\u201d In all likelihood, the lottery your neighbor is talking about is the Diversity Visa program, which is administered by the Department of State","permalink":"https:\/\/www.boundless.com\/immigration-resources\/diversity-visa-lottery\/"},{"id":128,"title":"Conditional Permanent Residency","subtitle":"How to \"remove the conditions\" and make your CR-1 visa permanent","body":"If you\u2019ve just received your marriage green card, you might be surprised to discover it\u2019s set to expire after just two years. Not to worry!If you and your spouse had been married for less than two years at the time your green card (visa) was approved, your green card will be \u201cconditional,\u201d and only valid for two years.After two years, you\u2019ll once again need to prove that your marriage is real, and then you\u2019ll be able to get a \u201cpermanent\u201d green card, valid for 10\u2013year renewable periods. (The letters \u201cIR1\u201d on the physical green card stand for \u201cimmediate relative.\u201d)The letters \u201cCR1\u201d on the physical green card stand for \u201cconditional resident.\u201dEvery marriage green card applicant who has been married for less than two years receives a conditional green card, also known as \u201cconditional permanent residency.\u201d Practically speaking, a conditional permanent resident has the same rights and privileges as a\u00a0permanent resident.Getting a CR-1 conditional visa has nothing to do with how much proof of a valid relationship you and your spouse provided, or how convinced U.S. Citizenship and Immigration Services (USCIS) is that you have a genuine marriage. It does, however, mean that there is one more step to becoming a permanent green card holder.Here are a few other things you may want to know if you have conditional permanent residency\u2026History of conditional permanent residencyMarriage fraud has been a concern in U.S. immigration law ever since family ties\u2014and especially marriages\u2014became one of the primary ways to immigrate to the United States. In 1986, the precursor to USCIS estimated that one in three marriages between a U.S. citizen and a foreign national were fraudulent. That same year, Congress began enacting tougher requirements for marriage-based green cards, and introduced the \u201cconditional green card\u201d as part of the effort to deter sham marriages.As it turns out, the estimate that a third of couples who apply for marriage-based green cards got married solely for immigration reasons was grossly exaggerated. The agency revised its estimates downward, saying that only a relatively small percentage of marriage-based green card applications are fraudulent. Less than one percent of marriage-based green card applications are denied for fraud.Conditional green cards for relative newlyweds have remained, even though the concerns about fraud that led to their introduction were overstated. They give USCIS another chance to revisit the authenticity of your relationship and ensure that you have a genuine, or \u201cbona fide,\u201d marriage.What to do if you have conditional permanent residencyIf you or your spouse has conditional permanent residency, you\u2019ll need to file Form I-751, the \u201cPetition to Remove Conditions,\u201d so that you can get a permanent green card. Here are some of the most important things to remember:The timing is important. You\u2019ll need to file your I-751 during the 90-day window before your conditional permanent residency expires. Your application will be returned if it\u2019s filed too early, or denied if it\u2019s filed late\u2014and if you can\u2019t show any extenuating circumstances to explain why the application is late. The Form I-751 is a joint petition. Both spouses will need to complete the form together, and both spouses need to sign the form. You\u2019ll need to include additional evidence that your marriage is real. USCIS expects that since you\u2019ve now been married for two years longer, you\u2019ll have new photos together, new joint financial documentation, and possibly even children together. You should include the same types of evidence that you included with your original green card application, but this should be evidence that you\u2019ve accumulated in the time since your original green card application was approved. You\u2019ll need to include a copy of the front and back of your conditional green card, along with the filing fee of $680.What happens if you don\u2019t remove the conditionsIf you don\u2019t remove the conditions on your permanent residency, you will be \u201cout of status\u201d as soon as your conditional green card expires. You could very likely be placed in deportation proceedings, and in any event you will start accruing \u201cunlawful presence\u201d that could lead to you being barred from the United States for three or ten years if you left and tried to reenter.Reasons you might be deniedThere are typically only three reasons that an application to remove the conditions on permanent residency might be denied. They are:Filing the application late without providing evidence of extenuating circumstances. Failing to provide enough documentation that you and your spouse have built a life together. USCIS suspects that your marriage is fraudulent.It\u2019s possible to avoid all of those reasons for denial by ensuring that you file Form I-751 at the right time, that you provide strong evidence that you\u2019ve built a life with your spouse, and by responding to any Requests for Evidence (RFEs) you get from USCIS.What if we get a divorce?If your marriage falls apart, you can still apply to remove the conditions on your green card, but you will need to include a request for a waiver of the requirement that your spouse file the form with you. However, you will still need to prove that the marriage was entered into in good faith and not for immigration purposes.Generally speaking, it\u2019s a good idea to include valid evidence that the U.S. citizen or green card holder who sponsored your marriage-based green card application was at fault for the end of the marriage, and\/or that he or she was the one who requested the divorce. It\u2019s also a good idea to show attempts to save the marriage, like marriage counseling.If your marriage ended in divorce before you could file Form I-751, you can submit it at any time before you are deported from the United States\u2014you don\u2019t need to wait for the 90-day window before your conditional permanent residency expires. You should include a copy of your final divorce decree as part of the application packet.What if my spouse dies?If your spouse dies before you can remove the conditions on your permanent residency, you will have to file Form I-751 and include a copy of your spouse\u2019s death certificate, as well as any evidence you have of the life you shared together.In this circumstance, you can file your Form I-751 any time between when your spouse dies and when your green card expires\u2014you don\u2019t need to wait for the 90-day window before your conditional permanent residency expires.What if I was abused or battered during my marriage?If your spouse was abusive during your marriage, you can apply to have the conditions on your permanent residency removed without your spouse\u2019s assistance. You should include evidence of the abuse, such as restraining orders, affidavits from domestic violence shelters, photographs and\/or medical reports detailing injuries as a result of the abuse, or other evidence. If you have divorced, you should include a copy of your final divorce decree.What if my marriage ended, but termination of my residency will result in \u201cextreme hardship\u201d to me?This category is the trickiest, because it doesn\u2019t technically require that you prove that your marriage was entered into in good faith, or for reasons other than to get a green card. Instead, you\u2019re asked to prove that you would face \u201cextreme hardship\u201d if you were to have to return to your home country. When USCIS looks at applications that claim \u201cextreme hardship,\u201d it only considers factors that have arisen in the time since your green card was originally approved.For example, if a civil war started in your home country during the time between when you initially applied for a marriage-based green card and the time when you are applying to remove the conditions on your green card, that might qualify as \u201cextreme hardship.\u201d See this website for more information about extreme hardship.If more than one of the above special circumstances apply, you can ask USCIS to consider all of them by checking as many boxes on Form I-751 as are relevant to you\u2014 for example, if you were in an abusive marriage which ended in divorce, and removal from the United States will cause you extreme hardship, you would check all three boxes on the I-751 to request that USCIS consider all your circumstances.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationMarriage-Based Immigration ResourcesHow to Get a Marriage Green CardHow is a Fianc\u00e9 Visa Different from a Marriage Green Card?The USCIS I 485 Form (Adjustment of Status)How Long Does It Take to Get a Marriage Green Card?How Much Does it Cost to Apply for a Marriage Green Card?About the Affidavit of SupportForm G 1145 (USCIS email notification)","excerpt":"If you\u2019ve just received your marriage green card, you might be surprised to discover it\u2019s set to expire after just two years. Not to worry!If you and your spouse had been married for less than two years at the time","permalink":"https:\/\/www.boundless.com\/immigration-resources\/conditional-permanent-residency\/"},{"id":130,"title":"Working in the U.S. While Waiting for Your Green Card","subtitle":"Frequently asked questions about working while waiting","body":"If you are married to a U.S. citizen or a green card holder and applying for a green card (permanent residency), you may be wondering when you can start working in the United States. Here are our answers to some common questions:I\u2019m married to a U.S. citizen or a green card holder and living in the United States. Can I start working while I\u2019m waiting for my green card?Anyone who already has a valid work visa (for example, an H-1B or L-1 visa) can continue working even while applying for a green card.Otherwise, green card applicants aren\u2019t allowed to start working in the United States until they obtain a work permit (officially called an \u201cEmployment Authorization Document\u201d or EAD).For spouses of U.S. citizens, the work permit application is typically filed as part of the initial green card application package. (For details, see Green Cards for Spouses of U.S. Citizens Living in the United States.)Spouses of U.S. green card holders, however, must wait until they are in the \u201cadjustment of status\u201d stage of their green card application process to apply for a work permit. (For details, see Start to Finish: Green Cards for Spouses of Green Card Holders Living in the United States.)How long will I wait for the work permit?The work permit typically arrives just about 90 days after the application is received by U.S. Citizenship and Immigration Services (USCIS). (It takes much longer for the green card itself to arrive: 10-13 months or over 3 years, depending on the situation.)Important note: The typical 90-day processing time for a work permit application may be on the rise, to 150 days or even longer.\u00a0See details here.Can my U.S. citizen spouse file a work permit application on my behalf?A U.S. citizen may not file a work permit application on his or her spouse\u2019s behalf. The work permit application (technically called Form I-765) is signed by the spouse seeking the green card.What kind of jobs can I accept if my work permit is approved?The work permit that\u2019s tied to a marriage-based green card application does not restrict the type of employment that\u2019s allowed. Someone with this work permit may accept any employment that is otherwise legal.How many hours can I work if my work permit is approved?The work permit that\u2019s tied to a marriage-based green card application does not restrict the number of working hours that are allowed. Either part-time or full-time work may be accepted.What happens to my work permit after my green card application is approved?The work permit automatically terminates after the green card application is approved.But that\u2019s a good thing! Once the green card application (technically the Form I-485) has been approved by USCIS, there\u2019s no more need for a separate work permit. The green card applicant is now authorized to work in the United States, both before and after the physical green card arrives.Can I apply for my green card and my work permit from the United States, and then return to my home country to work while I wait?Green card applicants must wait until their travel permit (officially the \u201cadvance parole travel document\u201d) is approved before they can leave the United States. If an applicant leaves the United States before the travel permit is approved, then his or her green card application is considered abandoned.Both the work permit application and the travel permit application generally take 90 days to process, and are part of the same filing package as the green card application (technically called Form I-485). This means that by the time the travel permit is approved, the applicant will have the choice of whether to stay in the United States to work with an approved work permit, or to travel and work abroad.(Again, note that\u00a0this processing time may be on the rise, to 150 days or longer;\u00a0see details here.)Okay, now what if I\u2019m married to a U.S. citizen or U.S. green card holder, but still living in my home country? If I apply for a marriage-based green card while in my home country, can I also apply for a U.S. work permit?A work permit is only available to spouses of U.S. citizens and green card holders who file their green card application (Form I-485) while in the United States.A spouse living outside the United States isn\u2019t authorized to work in the United States until the green card application process is complete. (This can take 10-13 months for spouses of U.S. citizens, or 29-38 months for spouses of U.S. green card holders.)\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationMarriage Green Cards, ExplainedApplication for Employment Authorization (work permit)How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"If you are married to a U.S. citizen or a green card holder and applying for a green card (permanent residency), you may be wondering when you can start working in the United States. Here are our answers to some","permalink":"https:\/\/www.boundless.com\/immigration-resources\/working-in-the-united-states-while-waiting-for-your-green-card\/"},{"id":2690,"title":"Completing Your Employment History on a Green Card Application","subtitle":"How to provide an accurate record of your current and previous jobs","body":"What employment history is required for a green card application?When you apply for a green card through marriage, the U.S. government will want to know where you\u2019ve worked for the past five years. If you\u2019re applying from abroad, that period generally expands to the past 10 years.You should have no trouble completing this section of your immigration forms if you\u2019ve worked in only one or two places during those time frames. But what if you\u2019ve had multiple employers and struggle to recall every detail?Don\u2019t worry! In this guide, we\u2019ll review the level of detail that the U.S. government generally expects you to provide about your current and previous employment. We\u2019ll also share some helpful tips for piecing together the missing details.Boundless makes it easy to complete your green card application, including your employment history. \n Learn how we can help you, or \n get started now.Both the spouse seeking a green card and sponsoring spouse (the U.S. citizen or green card holder) must provide their employment history on the appropriate immigration form. The following table lists the forms where spouses must enter their current and previous jobs:Which form? Whose address history? For which years? Family Sponsorship Form (I-130) Sponsoring spouse (U.S. citizen or green card holder) Past 5 years Supplemental Information Form (I-130A) Green card applicant living abroad or in the U.S. Past 5 years Green Card Application (I-485) Green card applicant living in the U.S. Past 5 years Online Green Card Application (DS-260) Green card applicant living abroad Past 10 years* *Please note that if you are applying from abroad and you are an Afghan national, you will be asked to provide your employment history from 1995 until now. Iraqi nationals living abroad must provide all of their employment history until now.What information do I need to provide for each employer?On the I-130, I-130A, and I-485 forms: You will provide the following details for each employer \u2014 whether abroad or in the United States \u2014 during the past five years:Employer\u2019s name Employer\u2019s address\u00a0(where you actually work or report to or previously did) Your position or title Exact start and end dates (month\/day\/year)There are some important peculiarities to note about these forms: On both the\u00a0I-130 and\u00a0I-130A, the U.S. government will assume that you are currently employed, so the end date for your first listed employer will be pre-filled with \u201cPRESENT.\u201d You may not change or delete this answer, but you may enter an alternative type of employer if you are not currently working (see \u201cSpecial Situations\u201d section below). The\u00a0I-485, however, allows you to enter an end date for the first listed employer, which need not be your current employer, only your most recent.For the spouse seeking a green card, the\u00a0I-130A also asks for your last job outside the United States if this was not listed as employment from the past five years. (In other words, this could be a job held over five years ago.) If you don\u2019t list any work abroad from the past five years or longer, you must explain at the end of the form why you never worked outside the United States.Boundless makes it easy to complete your employment history, so you don\u2019t have to copy the same information onto multiple forms. \n Ready to get started?On the DS-260 form: This online form is only for spouses applying for a green card from abroad, and it\u2019s set up differently from the other three forms discussed above. If you\u2019re the spouse seeking a green card, you\u2019ll start by providing the following details about each current job (or jobs, if more than one) \u2014 whether abroad or in the United States:Your primary occupation (you must specify your job if it is not among the choices in the drop-down list) Employer\u2019s name Employer\u2019s address (where you actually work or report to or previously did)For each previous job you held during the past 10 years \u2014 whether abroad or in the United States \u2014 you must also provide:Employer\u2019s phone number Your job title Supervisor\u2019s name Exact start and end dates (month\/day\/year)Additionally, you must disclose:What type of employment you intend to seek once in the United States Whether you previously served in the military of any countryIf you answer yes to serving in the military, you must also provide the following information:Country or region where you served Branch of service Your rank or position Your military specialty Exact start and end dates of your serviceBoundless gives you the confidence that the right information is going onto each of the right forms. \n Get started today.Not everyone will have straightforward answers to the \u201cEmployment History\u201d section of their immigration forms. Let\u2019s discuss how to properly address unusual scenarios:Does being a student or an intern count as employment?Yes, full-time student enrollment and unpaid internships are considered types of employment for green card application purposes.On forms\u00a0I-130, I-130A, and I-485, you would simply write \u201cStudent\u201d or \u201cUnpaid Intern\u201d \u2014 whichever is applicable to you \u2014 in the space for your job title or occupation. You would then write the name of your school or the place where you intern as the name of your employer. Include the school\u2019s or employer\u2019s address and dates of attendance or employment, as well.On the\u00a0DS-260, you would select \u201cSTUDENT\u201d from the drop-down list of primary occupations and provide your school\u2019s name and address. If you are an unpaid intern, you would select \u201cOTHER\u201d from the drop-down list of primary occupations, specify your job, and enter your employer\u2019s address. You will not be asked for the dates of your attendance or internship if these are your current occupations.Does part-time work count as employment?Yes, part-time work is considered a type of employment for green card application purposes. The U.S. government generally requires you to include any periods of paid employment, whether part- or full-time, including paid internships. You would complete the \u201cEmployment History\u201d section of your immigration forms the same way that a full-time employee would (see \u201cEmployment History Requirements\u201d section above).What if I\u2019m unemployed, retired, or a homemaker?If you are unemployed, retired, or a homemaker (or stay-at-home parent), or were at any time during the past five years, you would simply write \u201cUnemployed,\u201d \u201cRetired,\u201d or \u201cHomemaker\u201d \u2014 whichever is applicable to you \u2014 where you would enter the name of an employer on forms I-130, I-130A, and I-485.On the\u00a0DS-260, you would select \u201cNOT EMPLOYED,\u201d \u201cRETIRED,\u201d or \u201cHOMEMAKER\u201d \u2014 whichever is applicable to you \u2014 from the drop-down list of primary occupations if you were one of these at any point in the past 10 years. If you select \u201cNOT EMPLOYED,\u201d you must also explain why you do not work.Boundless turns all the required government forms for your green card application into simple questions you can answer online in under two hours \u2014 including all the sections about your employment history. \n Ready to start?The U.S. government expects you to provide an accurate employment history \u2014 ideally with exact start and end dates. But you\u2019re not alone if you can\u2019t remember some dates or previous employers.If you end up with one or two gaps in your employment history or inexact dates, you should be prepared to explain these, but your application most likely won\u2019t be denied for those reasons. The U.S. government is generally known to be flexible about this part of the green card application. After all, many people don\u2019t maintain perfect records of their employment history.But you should still do your best to answer this section of your immigration forms completely and accurately. On every form you submit, you\u2019ll sign a sworn statement attesting to the truthfulness of the information you provided. (Intentionally lying to the U.S. government is a criminal offense.) The U.S. Department of Homeland Security also has the right to verify the information you provide by means including unannounced visits to your places of employment before or even after it has made a decision on your application. So treat this part of the application with the care and diligence it deserves.If you can\u2019t remember the exact start and end dates you worked at a particular job, you can provide approximate dates and explain on the form why exact dates were not available. If you end up with a gap between the dates, however, it\u2019s best to eliminate these (see below for tips).Otherwise, if you have unexplained gaps or inexact dates, you can expect one of the following three outcomes from the U.S. government:They may accept your employment history without question. They may ask you to amend your application with a more complete employment history via an official request for evidence, or RFE (relatively rare). They may ask about the gaps during your green card interview.Boundless can help you easily manage your employment history to check for any gaps. \n Learn more, or \n get started!If you can\u2019t recall previous jobs and the dates when you worked at each one, you\u2019re not alone. But with a little diligence, you may find that you can reconstruct your full work history. Try one of these methods to find the information you need:Check your r\u00e9sum\u00e9 or CV: These are the most obvious places to look if you\u2019ve been in the job market in the past five or 10 years. Potential employers often require your r\u00e9sum\u00e9 or curriculum vitae (CV) when evaluating your job application. These documents traditionally list each position, the companies you worked for, and the dates you worked at each.Request an Employment Verification Letter: This formal document from your employer provides evidence that you work for them or previously did. It should contain the name and address of your employer, start date, end date (if you no longer work there), position, and annual salary.Look at your income tax returns: Your federal income tax return will not only be required when you submit your financial support form (I-864) to the U.S. government, but it can also be useful for finding the names and addresses of previous employers during particular filing years. That information is usually duplicated from tax forms, such as a W-2 (Wage and Tax Statement) or 1099-MISC (Miscellaneous Income Statement), provided by employers or clients. You can also request copies of your prior-year tax returns from the Internal Revenue Service (IRS).Request an earnings record: The Social Security Administration (SSA) keeps track of U.S. employees\u2019 work histories. If you\u2019ve worked in the United States, you can fill out a Request for Social Security Earnings Information form to get details \u2014 including your employers\u2019 names and addresses, the dates you worked for each, and your earnings \u2014 for all the jobs you\u2019ve held during the years you specify. Bear in mind, however, that the SSA charges a $115 fee for the information, and they require 120 days to process the request.Visit your State Unemployment Office: If you worked for an employer based in your state and have applied for unemployment benefits, you can request your work history from your state unemployment agency. The record typically only goes back up to 18 months but is usually provided free of charge.Search other old records: If you live abroad, or previously did, you may not have filed a U.S. tax return or have other official records listing former employers. In this situation, try looking through old documents, such as employment contracts and old pay stubs.Request an employment data report: Not many people know that certain services compile employment data on individuals, which is then sold to organizations that are interested in that information. But you can access that data, too. You can request such a report for free from The Work Number, a subsidiary of credit bureau Equifax that many employers use to screen job applicants.Check your free credit report: Go to AnnualCreditReport.com, a government-endorsed website, and access your free credit report (provided by each of the three major credit bureaus once per year). Each credit report may contain a list of current and\/or past employers if you previously provided that information on a credit application, which the lender then reported to the credit bureaus. If you didn\u2019t, your credit reports most likely won\u2019t show any employment details. But the reports are free, so you have nothing to lose if you just want to check.Have a question about your employment history? With Boundless, you get an independent immigration attorney who will answer all of your questions and review your entire green card application. \n Get started today.\n\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \n\nRelated InformationWhat Documents Do We Need for a Marriage Green Card?Completing Your Address History on a Green Card ApplicationImmigration Work Permit: Form I-765, Application for Employment Authorization Document (EAD)Marriage Visa Income RequirementsUnderstanding a Request for Evidence (RFE)Preventing a Request for Evidence (RFE)","excerpt":"What employment history is required for a green card application?When you apply for a green card through marriage, the U.S. government will want to know where you\u2019ve worked for the past five years. If you\u2019re applying from abroad, that period","permalink":"https:\/\/www.boundless.com\/immigration-resources\/completing-your-employment-history-on-a-green-card-application\/"},{"id":132,"title":"Biometrics Appointment","subtitle":"What to expect when you get your fingerprints and photograph taken","body":"As part of applying for a marriage green card, you\u2019re required to attend a biometrics appointment. What should you expect?First of all, don\u2019t be intimidated by the word \u201cbiometrics\u201d! During this appointment, U.S. Citizenship and Immigration Services (USCIS) will simply record your fingerprints and take photos of you. They will then run this information through the FBI database in order to check for any criminal records.For most people, the biometrics appointment shouldn\u2019t be difficult or stressful. Just to make sure you feel prepared, though, here\u2019s what you need to know\u2026What Is the Biometrics Appointment?The biometrics appointment is all about ensuring that the person applying for a green card does not have a serious criminal record or any relevant prior immigration violations. Applicants who are in the United States will attend their biometrics appointment at a local USCIS office, relatively early in the green card application process. Applicants who are abroad will attend a biometrics appointment at the U.S. consulate that is processing their green card application, typically after their green card interview has been scheduled.It\u2019s a relatively straightforward visit, during which the spouse applying for a green card will have his or her fingerprints and photo taken, and will be asked to sign his or her name. The goal is to cross-check the fingerprints, photo, and signature with the FBI\u2019s criminal database, as well as the Department of Homeland Security (DHS) database of non-citizens who have an immigration violation (such as crossing the border illegally).You will not have your blood drawn, nor will there be a DNA test as part of the biometrics appointment for a marriage-based green card. There are some circumstances under which an applicant might be asked to provide a DNA sample\u2014generally if the visa application is based on a blood relationship (parent\/child or sibling\/sibling) and there is ambiguity about that relationship. The goal of a DNA test, if requested by USCIS, is entirely different from the goals of the biometrics appointment.The entire process generally takes 15\u201320 minutes, although you may have to wait beforehand. There is no interview at the biometrics appointment, and the people who take your fingerprints and photo do not have any information about your application, so this is not an appropriate place to ask questions. The people who do the fingerprinting are often not even USCIS employees, but work for separate contractors and don\u2019t necessarily know anything about the immigration process.The biometrics appointment is generally the first milestone to occur after you have filed your green card application package. You might even get the initial appointment notice before you receive confirmation from USCIS that your application package has been processed. The actual appointment, however, is usually scheduled between 5\u20138 weeks after your filing date.There are a couple of things to be aware of as you\u2019re getting ready for your biometrics appointment.First, only the spouse applying for a green card needs to attend the appointment; the sponsoring spouse is not required to come along, although he or she can.Secondly, it\u2019s important to bring the following documents:A photo ID, such as your passport or driver\u2019s license The notice you got from USCIS informing you of the time and place of your biometrics appointment Any other receipt notices you\u2019ve gotten from USCIS Any other documents USCIS has specifically requested on your appointment notice (typically any previous employment authorization documents or travel permits issued to you)You should NOT bring any weapons of any kind to the appointment, and you should not bring food, electronic devices, or cameras into the fingerprinting area.You will not need to bring payment to the biometrics appointment, since you should have already paid the $85 biometrics fee as part of your marriage-based green card application package.What If I Have a Criminal Record?In general, if you have a criminal record, it\u2019s advisable to get legal assistance during the marriage-based green card application process. An attorney will help ensure that you disclose your criminal record in the appropriate parts of your application.The primary goal of USCIS in checking photos and fingerprints against FBI databases isn\u2019t necessarily to deny all green card applications for everyone who has a criminal record, but rather to ensure that applicants have accurately disclosed their criminal records.That said, some types of criminal records could make an applicant ineligible for a marriage-based green card. For more information, see our guide on green card applicants with criminal histories.Why Did I Get a Second Biometrics Appointment Notice?Although you might find yourself getting called to a second biometrics appointment, this usually doesn\u2019t signal any wrongdoing on your part, or indicate that your application will be denied. Here are two common reasons that applicants are asked to attend a second biometrics appointment:The fingerprints were smudged or otherwise not usable. If this happens, or if there is any other error that makes it impossible to use the fingerprints, photo, or signature you provided, you\u2019ll have to go in for a second biometrics appointment. Your biometrics expired before your application was processed. The biometrics and associated background check are valid for 15 months. If it has taken longer than that for USCIS to process your marriage-based green card application, you will have to get your biometrics taken a second time.Don\u2019t underestimate the importance of the biometrics appointment: USCIS will deny your green card application if you miss it without rescheduling ahead of time.But if you plan ahead, the biometrics appointment should be a quick and painless step toward getting your marriage-based green card.Can I Reschedule My Biometrics Appointment?You can reschedule the biometrics appointment, but it\u2019s generally not a good idea to do so unless you absolutely have to\u2014and rescheduling twice is certainly something to avoid. Your green card application will not be denied just because you request to reschedule your biometrics appointment, but it will be denied if you don\u2019t get your fingerprints and photo taken in a timely manner.If something urgent does comes up unexpectedly, you can submit a written request to reschedule your biometrics appointment.The appointment notice includes specific instructions for where this written request should be sent. In most cases, the biometrics appointment will be rescheduled for some time between 3\u20138 weeks after your request is received.Because you will not be able to select a specific date and time that work for you, it\u2019s a good idea to plan on being flexible within the two or three months immediately following your application filing.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated InformationMarriage Green Cards, ExplainedHow is a Fianc\u00e9 Visa Different from a Marriage-Based Green Card?How Long Does It Take to Get a Marriage Green Card in the U.S.?What Are The Costs of a Marriage-Based Green Card?What Documents Do I Need for a Marriage-Based Green Card?What is an Affidavit of Support?Preparing for the Green Card Interview","excerpt":"As part of applying for a marriage green card, you\u2019re required to attend a biometrics appointment. What should you expect?First of all, don\u2019t be intimidated by the word \u201cbiometrics\u201d! During this appointment, U.S. Citizenship and Immigration Services (USCIS) will simply","permalink":"https:\/\/www.boundless.com\/immigration-resources\/biometrics-appointment\/"},{"id":134,"title":"DACA Recipients and Marriage Green Cards","subtitle":"Can beneficiaries of Deferred Action for Childhood Arrivals get spousal visas?","body":"If you are currently a DACA (Deferred Action for Childhood Arrivals) recipient and are married to a U.S. citizen or green card holder, you may be eligible for a marriage-based green card of your own.This guide can help you understand your options, based on the most common situations. (Boundless also has detailed guides on the consequences of immigration violations for green card applicants and special considerations for undocumented spouses.)Did you have a valid visa when your parents originally brought you to the United States?A DACA recipient who is married to a U.S. citizen and can prove that they \u201coverstayed\u201d their original visa should face no special hurdles in applying for a green card.Let\u2019s say you most recently entered the United States \u201cwith inspection\u201d \u2014 meaning you were inspected by a U.S. Customs and Border Protection (CBP) agent and had a valid visa \u2014 or entered under the Visa Waiver Program, which allows travelers from certain countries to temporarily visit the United States without a visa.But then you \u201coverstayed.\u201d In other words, you remained in the United States after your original visa expired.Your application process for a marriage-based green card should be no different than if you currently had legal immigration status. Unlike many of the scenarios below, you should not have to leave the United States, or apply for a special waiver of inadmissibility, no matter when you obtained DACA.Under these circumstances, Boundless can help guide you through the entire marriage-based green card application process. Read more about \n what you get with Boundless, or \n get started today.IMPORTANT: All of the following scenarios are more complex and likely require more extensive legal representation than the independent attorney review currently available through Boundless.Did you enter the country illegally when your parents originally brought you to the United States?If you are married to a U.S. citizen, and you entered the United States illegally, you may still be able to apply for a green card, but there are many complicating factors to keep in mind:If you have a travel permit (officially called an \u201cAdvance Parole Travel Document\u201d): You may be able to leave the United States, return legally (\u201cwith inspection\u201d), and then apply for a marriage-based green card from within the United States.If you applied for DACA before turning age 18 (or within 180 days after turning 18): You should be able to return to your country of origin and apply for a green card through a U.S. embassy or consulate, just as anyone would do if they were living abroad and applying for a green card based on marriage to a U.S. citizen.If you have no travel permit and spent more than 180 days between turning 18 and applying for DACA: You are generally required to leave the United States to apply for a green card at a U.S. embassy or consulate \u2014 and you will also be subject to a bar from re-entering the United States, for up to 10 years.To return to the United States without this years-long delay, before leaving you must first obtain a \u201cProvisional Unlawful Presence Waiver\u201d (Form I-601A). To qualify for this waiver, you must prove to the U.S. government that your spouse would suffer from \u201cextreme hardship\u201d if you are not allowed to live together in the United States, and you must provide a compelling reason why you and your spouse cannot live together in your country of origin.If you have entered the United States illegally more than once: You may be permanently barred from re-entering the United States, with no possibility of a waiver.If you are married to a U.S. green card holder (a permanent resident but not a U.S. citizen), you won\u2019t be able to apply for a green card from inside the United States \u2014 even if you and your parents had valid visas when you first arrived, and even if you have a travel permit.If you applied for DACA before turning age 18 (or within 180 days after turning 18): You should be able to return to your country of origin and apply for a green card through a U.S. embassy or consulate, just as anyone would do if they were living abroad and applying for a green card based on marriage to a U.S. green card holder.This process, however, takes significantly longer than for spouses of U.S. citizens \u2014 currently about\u00a023-32 months. This is because you will have to wait for a visa to become available in the visa bulletin before the final processing of your green card application can be completed in your country of origin.If you spent more than 180 days between turning age 18 and applying for DACA: You must leave the United States to apply for a green card at a U.S. embassy or consulate \u2014 but you will also be subject to a bar from re-entering the United States, for up to 10 years. Just as if you were married to a U.S. citizen and entered the United States illegally (see above), you therefore must also obtain a \u201cProvisional Unlawful Presence Waiver\u201d (Form I-601A) in order to leave and re-enter the United States without this years-long delay.The whole process will take significantly longer than for spouses of U.S. citizens, however \u2014 currently about\u00a023-32 months. This is because you will have to wait for a visa to become available in the visa bulletin before applying for the waiver and then traveling back to your country of origin.If you have entered the United States illegally more than once: You may be permanently barred from re-entering the United States, with no possibility of a waiver.As mentioned earlier, unless you had a valid visa when your parents originally brought you to the United States, and you are married to a U.S. citizen, your situation will likely require more extensive legal representation than an independent attorney review from Boundless.The American Immigration Lawyers Association (AILA) can help you find a licensed immigration attorney near you. Alternatively, the U.S. Department of Justice accredits certain nonprofit organizations that provide low-cost or free immigration-related legal services.\n\n \n Boundless can help most DACA recipients who are married to U.S. citizens and entered the United States with a valid visa.\n \n \n \n GET STARTED NOW\n \n \n \n Learn what we do for you\n \n \n \n\nRelated InformationGreen Card Sponsors with Criminal RecordsGreen Card Applicants with Criminal RecordsOverstays, Unlawful Presence, and Illegal EntrySponsoring a Spouse Who Entered the U.S. IllegallyGay Marriage Green Cards","excerpt":"If you are currently a DACA (Deferred Action for Childhood Arrivals) recipient and are married to a U.S. citizen or green card holder, you may be eligible for a marriage-based green card of your own.This guide can help you understand","permalink":"https:\/\/www.boundless.com\/immigration-resources\/daca-recipients-and-marriage-green-cards\/"},{"id":135,"title":"The DS-260 and DS-261 Online Forms, Explained","subtitle":"How to navigate the State Department's system for processing marriage green card applications","body":"What is the DS-260?Anyone who is applying for a marriage-based green card\u00a0from outside the United States needs to file the DS-260 online form, which is handled through the National Visa Center (NVC) and your local U.S. embassy or consulate. The DS-260 is technically called an \u201cimmigrant visa application\u201d (where \u201cimmigrant\u201d means a permanent resident, not a tourist or other person who is only traveling to the United States on a temporary basis).What is the DS-261?The DS-261 is a relatively simple online form that tells the State Department how to communicate with you during your green card application process.What is the National Visa Center?The National Visa Center (NVC) is a U.S. government office in Portsmouth, New Hampshire that processes all green card applications for people who are living outside of the United States and applying through their local U.S. embassy or consulate.Once U.S. Citizenship and Immigration Services (USCIS) approves your family sponsorship form (the I-130), they will forward this approved paperwork to the National Visa Center. At this point, your marriage-based green card case is transferred from USCIS (which is part of the U.S. Department of Homeland Security)\u00a0to the NVC (which is part of the U.S. Department of State).The first step in this process is to file the family sponsorship form (I-130) with USCIS, along with supporting documents. The sponsoring spouse will generally get a receipt notice in the mail from USCIS within about two weeks. Assuming that USCIS has all of the information that it needs, they will usually approve or deny this sponsorship petition within 7-15 months, depending on your situation. When approved, USCIS will forward your paperwork to the National Visa Center.the NVC takes the caseOnce the National Visa Center (NVC) receives your approved paperwork from USCIS, they will send you a welcome notice by mail or email, depending on which notification method you choose. This notice will include your case number, a beneficiary ID number, and an invoice number. The beneficiary ID number is a unique number that the NVC assigns to each beneficiary in a case (e.g. the spouse seeking the green card). You\u2019ll need all of these numbers in order to submit the online forms and fees described below at the NVC\u2019s Consular Electronic Application Center.For spouses of U.S. citizens, the NVC starts processing your case immediately after receiving it from USCIS. For spouses of U.S. green card holders, the NVC will hold the case until the \u201cpriority date\u201d for the case appears in the State Department\u2019s visa bulletin (typically 8-10 months later). In this scenario, the NVC will send you a notice (by mail or email) stating that \u201cvisas are not currently available for your visa category\u201d and that you should watch the visa bulletin to monitor progress.The DS-261 and Required FeesThe next step is to file the DS-261 form (technically called the \u201cOnline Choice of Address and Agent\u201d). This is a relatively simple form that tells the State Department how to communicate with you, and there is no fee to file it. It can take up to three weeks for the NVC to process the DS-261.Once the NVC has processed your DS-261, you will need to pay two required fees online, for a total of $445: the State Department\u2019s application processing fee ($325) and the financial support form fee ($120). You will know that your DS-261 has been processed when the fee invoices become available at the NVC\u2019s Consular Electronic Application Center. It can take up to a week for the NVC to process your payment.Once your payment has been processed, you can go online to file the DS-260 (immigrant visa application). This is the primary green card application for spouses living abroad, and is administered by the Department of State.DS-260 filing tipsTo begin, you\u2019ll need your case number, beneficiary ID number, and invoice number from the original welcome notice that the NVC sent you. The entire DS-260 online form must be filled out in English. If you are submitting addresses or names that aren\u2019t in the Roman alphabet, you must transliterate them. Make sure you include information about all of your children\u2014including stepchildren, adopted children, and biological children\u2014no matter how old they are, and whether or not they will be immigrating to the United States with you. Make sure to list all addresses where you\u2019ve physically lived since the age of 16, not only addresses you\u2019ve used as an official permanent address. For example, if you continued to use your parents\u2019 address as your permanent address when you were in college, even though you weren\u2019t living there, you\u2019ll need to include the addresses where you actually lived. It can take several months for the green card to actually arrive at your address in the United States, so make sure that the mailing address you provide will be valid throughout that time. You can\u2019t correct the DS-260 after you\u2019ve submitted it online. Ideally, you should make sure that all of your information is correct the first time. However, if you discover a mistake after submitting your DS-260, you may simply inform the consular officer at your interview about the mistake and ask to have it corrected at that time. Once you\u2019ve submitted the DS-260 online, you must print the confirmation page so you can bring it to your visa interview at the U.S. consulate.After you submit your DS-260, the NVC will send out a notice (again via mail or email) confirming receipt of your DS-260, usually on the same day. You will then need to submit your supporting documents to the NVC as well.Depending on which consulate is processing the application, you will either upload, email, or mail all of the supporting documents to the NVC. The NVC is responsible for gathering all the forms and documents needed to process your green card application and forwarding them to the consulate. The consulate is responsible for scheduling and conducting your immigrant visa interview and making a final decision on your immigrant visa petition.It\u2019s important to submit these documents in the way the NVC instructs you to\u2014some U.S. consulates require physical copies, while others allow for emailing or uploading digital copies.Documents from the applicant spouse:Proof of your nationality (copy of birth certificate and passport photo page) Copy of your marriage certificate Copy of marriage termination documents (divorce or death certificate), if you had any prior marriages Copy of your military record, if you have served Copy of police certificates showing any past infractions or lack thereof. These certificates, also called \u201cpolice clearance letters,\u201d must be obtained from: Any place in your home country where you lived for at least six months after age 16 Any place outside of your home country where you lived for at least one year after age 16 Any jurisdiction where you\u2019ve ever been arrested or charged with a crime, regardless of how long you lived there or what age you were at the timedocuments from the sponsoring spouse:Proof of your ability to support your spouse in the United States\u2014for more details, see this article on the Affidavit of Support (Form I-864) Copy of marriage termination documents (divorce or death certificate), if you had any prior marriagesExtra tipsDepending on your case and the U.S. consulate processing your application, there might be additional documents required. That\u2019s why it\u2019s always a good idea to carefully check the notice you receive from the NVC for any special requirements. It\u2019s important that you submit all of your supporting documents in one package. You should only submit copies of your official documents, not originals. Be prepared to bring the originals to your green card interview at the U.S. consulate.Once you\u2019ve sent your supporting documents, it generally takes 1-2 months before your visa interview is scheduled. You\u2019ll receive a notice from either the NVC or your local U.S. consulate informing you of your interview time and date.Once your visa is approved, you will receive an immigrant visa stamp in your passport. At this point, the USCIS Immigrant Fee ($220) can be paid online here. This fee is required for USCIS to produce and mail the physical green card.It is best to pay this fee online as soon as you receive the visa stamp, so that you can receive your physical green card soon after you arrive in the United States. You will use the immigrant visa stamp to enter the United States, and you should receive your physical green card at your U.S. address typically within 3\u20134 weeks of entry.The DS-260 and DS-261 are key requirements on the way to obtaining a marriage-based green card for anyone applying from outside the United States. By reading the instructions and following the directions carefully, you can increase the likelihood that your application process will go smoothly and end with an approved green card.\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \n","excerpt":"What is the DS-260?Anyone who is applying for a marriage-based green card\u00a0from outside the United States needs to file the DS-260 online form, which is handled through the National Visa Center (NVC) and your local U.S. embassy or consulate. The","permalink":"https:\/\/www.boundless.com\/immigration-resources\/the-ds260-and-ds261-online-forms\/"},{"id":1712,"title":"Creating Flawless Digital Documents","subtitle":"How to properly digitize the documents required for your green card application","body":"It\u2019s no small task to prepare all the supporting documents for a marriage-based green card. For the most part, the government requires copies rather than original documents, and you want to make sure that each copy is high-quality and easy to read. (Poor-quality documents can slow down the whole process, especially if the government has to request an entirely new copy.)Whether you\u2019re using Boundless to easily complete your green card application, or you\u2019re creating your own digital archive, the following tips will help ensure that you\u2019re printing out high-quality digital copies that meet the government\u2019s expectations.Best option: ScannerFor best results, use a scanner to create a digital version of each of your required documents. Most scanners allow you to adjust the resolution of the image, measured in \u201cdots per inch\u201d (dpi).Black-and-white documents can generally be scanned at 300 dpi, while it\u2019s a good idea to scan color images at 600 dpi (for example, passport pages).Next best option: Mobile appSmartphones can be almost as good as scanners for creating digital documents\u2014as long as you\u2019re using the right app. Most iPhones have the Notes app\u00a0pre-installed, and for Android devices, it\u2019s easy to install the Google Drive app.Both of these apps are free, and they will automatically improve the image quality of your documents after you snap photos with your phone.Of course, you could also simply take a regular photo of your documents using your phone, without using a special mobile app. But you might have difficulty meeting all of the guidelines below.To maximize the chance that the government will accept your documents, make sure that each digital image (and paper printout) meets the following guidelines:The document was scanned or photographed on a dark, flat surface. The document should appear flat, without any visible folds or creases. All four edges of the documents must be correct\u2014make sure that no signatures, digits, or seals are cut off! Any words and numbers on the document should be clear and readable. Photos should be sharp (not blurry), and without any glare. Any documents that contain seals or photographs (like passports, certificates of naturalization, or marriage certificates) should be scanned in color so every element is visible and clear.The good news is, by carefully using common (and often free) technology, you should be able to create high-quality supporting documents that meet all the requirements for your marriage green card application.","excerpt":"It\u2019s no small task to prepare all the supporting documents for a marriage-based green card. For the most part, the government requires copies rather than original documents, and you want to make sure that each copy is high-quality and easy","permalink":"https:\/\/www.boundless.com\/immigration-resources\/creating-flawless-digital-documents\/"},{"id":1484,"title":"The K-3 Visa, Explained","subtitle":"Understanding why this spousal visa is so rarely used","body":"What is a K-3 Visa?The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a \u201cgreen card\u201d). Practically speaking, however, the K-3 visa is almost always unnecessary compared with better alternatives. Learn more below.K3 Visa Processing TimeK-3 visa processing, on average, takes about 6\u20139 months. This is just about as long as it takes USCIS to approve the marriage green card application. Because of this lengthy processing time, most people find that it\u2019s not worth it to apply for a K-3 visa. Unless the processing times change, the K-3 visa should probably be avoided, as it involves an unnecessary step and additional expense (including an extra $265 filing fee).Keep reading for more information about the U.S. K-3 Spousal Visa.The K-3 visa is designed for couples who were legally married outside of the United States, and is available to spouses who meet the following eligibility requirements:The applicant must be the legal spouse of a U.S. citizen. (The K-3 visa is not available to spouses of U.S. green card holders.) The applicant must currently reside in a country outside of the United States. The U.S. citizen spouse must have already filed a family sponsorship form (Form I-130) that is currently pending with USCIS. This Form I-130 must not have been approved yet, and there must be a receipt notice from USCIS in the meantime. The U.S. citizen spouse must meet certain income requirements. The adjusted gross income on their most recent tax return must be at least 100% of the Federal Poverty Guidelines in order to qualify as the financial sponsor. If they are unable to meet this requirement, a joint sponsor must file an \u201caffidavit of support.\u201d If the applicant has biological or adopted children who will also travel to the United States (on a K-4 visa), the children must be unmarried and under the age of 21.If all of the above requirements have been met, the U.S. citizen spouse must fill out Form I-129F and file it with USCIS. The name of this form can be confusing because it is technically called \u201cPetition for Alien Fianc\u00e9(e),\u201d even though it can also be used by spouses of U.S. citizens.Once the form has been completed and signed, copies of all required documents should be attached to it, including:The U.S. citizen spouse\u2019s passport, certificate of naturalization, or birth certificate, as proof of citizenship. The applicant spouse\u2019s passport. Legal marriage certificate with certified English translation. Proof of termination of any prior marriages (divorce decree, annulment document, or death certificate). I-94 arrival\/departure record, if the applicant spouse has ever received one from U.S. Customs and Border Protection (CBP). One passport-style photograph of the U.S. citizen spouse and one passport-style photograph of the applicant spouse. Receipt notice for the Form I-130 (itself technically called the Form I-797).Unlike the I-129F petition when used by fianc\u00e9(e)s, there is no filing fee for I-129F petitions designated for spouses.After signing the Form I-129F and attaching all supporting documents, it\u2019s always a good idea to make an archival copy of the packet before filing.Typically within about 30 days from the time the Form I-129F is filed, the U.S. citizen spouse should receive a receipt notice. This indicates that the package has been received by USCIS and is being processed. Processing times will vary depending on which USCIS service center is handling the case, but the average is about 6\u20139 months. During that time, a Request for Evidence (RFE) may be issued, should USCIS require any more information. Once the petition is approved, the U.S. citizen spouse will receive an approval notice.Approximately 30 days after USCIS approves the Form I-129F, the applicant spouse will receive correspondence, usually via email, from the U.S. Embassy in their home country. This correspondence will include the date and time of the applicant spouse\u2019s interview at the U.S. embassy or consulate in their home country. It will also include a list of documents required for the interview.The next step is to electronically file the DS-160 visa application on the Department of State\u2019s website, which includes uploading a passport-style photograph. Once the DS-160 has been filed electronically, the confirmation page should be printed and taken to the interview, along with the following documents:Legal marriage certificate Valid, unexpired passport for the applicant spouse Birth certificate for the applicant spouse Police clearance for the applicant spouse, obtained from all countries of residence of more than six months since the age of 16 Sealed medical exam\u00a0for the applicant spouse (obtained through a physician abroad, authorized by the Department of State) Sponsor\u2019s affidavit of support (Form I-134) Sponsoring spouse\u2019s most recent tax returns Proof of relationship (for example, a copy of the pending Form I-130\u00a0package originally filed with USCIS). It\u2019s generally a good idea to also bring things such as wedding photographs or any other proof that the marriage is valid. Two passport-style photographs of the applicant spouse.The State Department\u2019s visa filing fee is currently $265, usually paid at the interview. It\u2019s important to review specific instructions regarding time and place of payment, included in the embassy\u2019s correspondence, which may vary depending the applicant\u2019s home country.The interview is usually scheduled about 4\u20136 weeks from the date of the correspondence from the embassy. The applicant should receive a decision the same day or shortly thereafter. If the consular officer needs additional evidence, they will request for it to be submitted directly to the U.S. consulate. Upon approval of the K-3 visa, the spouse may then travel to the United States.The final step of this process is to travel to the United States on the approved K-3 visa. Although K-3 visa holders may apply for employment authorization upon arrival to the United States, they are not eligible to work until they receive approval of the work permit application, which typically takes about four months.For this reason, it\u2019s generally better to simply file for employment authorization and a travel permit along with the green card application, which can be submitted upon arrival to the United States. This application,\u00a0Form I-485\u00a0(technically called an \u201cAdjustment of Status\u201d application) is filed with USCIS based on a pending or approved Form I-130.Final WarningAlthough the K-3 visa is available to spouses of U.S. citizens living abroad, it is usually not the best option and should generally be avoided. Because of the lengthy processing times, applying for a K-3 visa usually ends up being an unnecessary step with additional expense\u00a0(including the extra $265 filing fee).If a couple is already married with a pending Form I-130, they are almost always better off going directly through the green card process through \u201cconsular processing,\u201d which will end up taking about the same amount of time as the K-3 visa process.Once the applicant spouse arrives in the United States with an approved green card, they will be able to work immediately as a permanent resident, without needing to file any additional applications. For more information on marriage-based green cards, click here.Currently, Boundless can help you\u00a0complete your marriage green card application, but\u00a0not\u00a0a K-3 visa application.\n \n Ready to start your marriage green card application?\n \n \n \n Let\u2019s Go\n \n \n \n Learn what we do for you\n \n \n \n","excerpt":"What is a K-3 Visa?The K-3 visa allows the spouse of a U.S. citizen to enter the United States with temporary legal status while waiting to obtain permanent residence (a \u201cgreen card\u201d). Practically speaking, however, the K-3 visa is almost","permalink":"https:\/\/www.boundless.com\/immigration-resources\/k-3-visa-explained\/"},{"id":247,"title":"Understanding a Request for Evidence (RFE)","subtitle":"How to handle this common obstacle in the green card process","body":"Nobody looks forward to getting a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS). RFEs are sort of the boogey man of the visa world \u2014 they come without warning and usually give the recipient an unpleasant feeling in the pit of their stomach.Technically speaking, an RFE is a written request for more information and documentation that USCIS mails out if they believe that they don\u2019t yet have enough evidence to approve or deny a given application.In this article, we\u2019ll break down a typical RFE and explain each part. Hopefully you\u2019ll never see an RFE, but by the end of this guide, you\u2019ll know what to do!USCIS officers have clear guidance on how to review an application for a green card and other immigration applications. The USCIS Policy Manual, in addition to outlining general eligibility requirements, has charts and checklists that officers can use while reviewing applications. These guidance materials define the situations where issuing an RFE is appropriate.You should know that an RFE generally isn\u2019t written from scratch. There are RFE templates that give USCIS officers a starting point \u2014 then they can customize these templates to request more information and documents for individual applications.Here are the key parts of an RFE\u2026The Facts: Typically, an RFE will have an introductory paragraph (or two) about the original application. The introduction will state the type of application, the date that USCIS received it, and which office is currently processing it.The introduction will usually also state that USCIS does not have enough evidence to make a decision on the application, and that more evidence is needed.The Law: Typically, an RFE will quote sections of the Immigration and Nationality Act (INA), the Code of Federal Regulations, and any other law that is relevant to your application. For example, this part will often get into the details of eligibility requirements.Evidence submitted: This section will typically list all the documents that you have already submitted in support of your application. You should read this section carefully to see if anything you did submit already has not been listed (and therefore, possibly not reviewed). You should also make a note of anything missing from the list that might be helpful to the officer in making a decision on your application, so that you can submit these items as part of your response to the RFE.Evidence lacking: This section will typically list all the additional documents that USCIS needs to make a decision on your application. In this section, USCIS may also state which eligibility requirement has not been met by the documents already submitted. It\u2019s common for this section of an RFE to be lengthy, and to provide alternate options for some of the documentation that\u2019s being requested. For example, an RFE requiring the submission of a birth certificate will also usually state that if a birth certificate is not available, school records and \u201caffidavits of birth\u201d may be submitted instead.Deadline: This section typically appears at the end of an RFE, and informs the applicant how long he or she has to gather the missing evidence and submit it to USCIS. This section will also inform the applicant about the consequences of not responding to the RFE on time \u2014 basically, that a decision will be made based only on documents that were previously submitted (and that could mean a denial).Now you know what\u2019s in an RFE. What next?We\u2019ve prepared a detailed Request For Evidence guide for you, but for now, here are the main pointers on how to respond:You should provide every single extra document listed in the RFE. If that\u2019s not possible, you should give clear explanations for any missing documents. Ignoring documents mentioned in the RFE and hoping that the officer will not notice is not a viable strategy. The response deadline will be stated either as a date or as a number of days. If it\u2019s stated as a number of days, you should start counting from the date that appears on the first page of the RFE (the date that the RFE was issued). The deadline is not calculated from the day you\u00a0receive\u00a0the RFE! USCIS does not follow the\u00a0mailbox rule \u2014 in other words, the date you popped your response in the mailbox doesn\u2019t matter. You must make sure that USCIS\u00a0receives\u00a0your response by the deadline stated in the RFE!Overall, while RFEs can be scary, they are also your last best chance to provide the evidence that USCIS needs to (hopefully) approve your application. Think of RFEs as your one shot, one opportunity\u2026\n \n Boundless \u2014 for people who want the expertiseof an immigration lawyer, not the price tag.\n \n \n \n Get Started Now\n \n \n \n Learn what we do for you\n \n \n \nRelated informationApplying for a Spouse Visa After MarriageAbout the Fianc\u00e9 Visa ProcessFrequently Asked Marriage Visa QuestionsWhat Are The Costs of a Marriage-Based Green Card?Green Cards for Undocumented SpousesWhat is the Affidavit of Support?Green Card Interview Questions","excerpt":"Nobody looks forward to getting a Request for Evidence (RFE) from U.S. Citizenship and Immigration Services (USCIS). RFEs are sort of the boogey man of the visa world \u2014 they come without warning and usually give the recipient an unpleasant","permalink":"https:\/\/www.boundless.com\/immigration-resources\/whos-afraid-rfe\/"}]

Getting Started

What You Get With Boundless

Marriage-Based Green Cards, Explained

Start-to-Finish Immigration Guides

Immigration FAQ

Immigration Glossary

Boundless Blog

Common Questions

How Does a Fiancé(e) Visa Compare to a Marriage-Based Green Card?

How Long Does It Take to Get a Marriage-Based Green Card?

What Are the Costs of a Marriage-Based Green Card?

What Are the Income Requirements for a Marriage-Based Green Card?

What Documents Do I Need for a Marriage-Based Green Card?

How Do We Prove Our Marriage Is Real?

When Can I Visit My Spouse in the United States?

Why Would My Green Card Application Be Denied?

Can I Work in the United States While Waiting for My Green Card?

Can Same-Sex Couples Get Marriage-Based Green Cards?

Start-to-Finish Green Card Guides

Living in the United States and Married to a U.S. Citizen

Living in the United States and Married to a U.S. Green Card Holder

Living Abroad and Married to a U.S. Citizen

Living Abroad and Married to a U.S. Green Card Holder

Immigration Forms

Work Permit (Form I-765)

Affidavit of Support (Form I-864)

Online Immigrant Visa Application (Form DS-260)

Online Choice of Address and Agent (Form DS-261)

Family Sponsorship Petition (Form I-130)

Supplemental Information (Form I-130A)

Application for “Adjustment of Status” (Form I-485)

Electronic Notification (Form G-1145)

Credit Card Payment Authorization (Form G-1450)

Application for a Travel Document / “Advance Parole” (Form I-131)

K-1 Visa Information – Fiancé Visa Eligibility

K-3 Visa Information – Petition for Alien Fiancé (Form I-129F)

Marriage Green Card Milestones

What to Expect at Your Green Card Interview

Preparing for the Green Card Interview

Preparing for the Medical Exam

Preparing for the Biometrics Appointment

Conditional Permanent Residency (CR-1)

Preventing a Request for Evidence (RFE)

Understanding a Request for Evidence (RFE)

How-To Topics

How to Avoid Common Immigration Pitfalls

How to Create Flawless Digital Documents

How to Read the Visa Bulletin

How to Apply for the Diversity Visa Lottery

How to Translate Your Immigration Documents into English

How to Accurately Complete Your Address History on a Green Card Application

How to Accurately Complete Your Employment History on a Green Card Application

Undocumented Spouses

DACA Recipients and Marriage Green Cards

Overstays, Unlawful Presence, and Illegal Entry

Sponsoring an Undocumented Spouse

Special Issues

Green Card Sponsors with Criminal Records

Green Card Applicants with Criminal Records

Avoiding Immigration Scams

Government Monitoring of Immigrants’ Social Media

Translations

Tarjeta Verde a través del Matrimonio, Clarificada

¿En qué difiere la Visa de Prometido(a) de la Tarjeta Verde a través del matrimonio?

基于婚姻关系的绿卡申请说明

Boundless — for people who want the expertise
of an immigration lawyer, not the price tag.

Get Started Now
Learn what we do for you

Government Forms

Blank immigration forms with written instructions are available for free at the U.S. Citizenship and Immigration Services (USCIS) website. All USCIS forms are listed here.

Some Common Family Immigration Forms

Application for Citizenship (Form N-400)

Application for “Adjustment of Status” (Form I-485)

Family Sponsorship Petition (Form I-130)

Application for Employment Authorization (Form I-765)

Application for a Travel Document (Form I-131)

Other Resources

We have compiled the following resources that may be helpful.

Boundless is not affiliated with nor endorses the following sites and organizations.

Monthly visa bulletin (U.S. Department of State)

Do I qualify to stay in the U.S.? (immi.org)

Immigration topics (American Immigration Council)

Avoiding immigration scams (U.S. Citizenship and Immigration Services)