Foreign nationals residing in the United States who marry U.S. citizens or permanent legal aliens qualify to adjust their U.S. non-immigration status after marriage. If foreign nationals are living in their countries of origin, American spouses or legal U.S. residents can apply for their spouse's green card and submit K-3 visa applications for them to enter the U.S. K-3 visa holders may apply for legal residence and work permits. They may also attend school and travel outside of the U.S. legally.
Instructions for Non-Immigrant Visa Holders
Step 1
Marry your American or green card-holding fiance or fiancee before your non-immigrant visa expires.
Step 2
Take at least four passport-style photos of yourself on white, glossy backgrounds. Give two to your spouse.
Step 3
Complete and sign the immigration Form G-325A, Biographic Information, and give it to your spouse.
Step 4
Complete a Form I-485 for Adjustment of Status.
Step 5
Collect your foreign birth certificate, copy of your passport page with nonimmigrant visa, two identical 2x2 color passport-style photos and submit these with a completed I-485 Form for Adjustment of Status to the USCIS Chicago Lockbox facility (uscis.gov). As of May 2011, the total submission fee is $1,020.
Step 6
Wait for a written invitation to take fingerprints. Appear as instructed.
Step 7
Ask your spouse to file the green card application, Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS) on your behalf.
Instructions for American Spouses and Green Card Holders
Step 1
Follow the explicit I-130 completion instructions provided by the USCIS. Complete the latest edition of the I-130 in black ink only. As of March 31, 2011, the latest edition is the November 23, 2010 edition.
Step 2
Complete the Form 325, Biographic Information, with your personal information.
Step 3
Get 2x2 passport photos taken of yourself on white, glossy backgrounds.
Step 4
Obtain a sworn third-party affidavit attesting to the validity of your marriage.
Step 5
Gather your and your spouse's photos, G-325 forms, affidavit, proof of your citizenship or alien residence status, a copy of your marriage certificate, birth certificates of you and your spouse's children if applicable and any joint bank account statements.
Step 6
Submit everything to the USCIS Chicago Lockbox Facility. As of May 2011, the fee is $420.
Married Your Sweetie Overseas? Bring Over an Overseas Spouse
Step 1
Shorten time away from your spouse with a K-3 Visa application. This application is perfect for the spouse living overseas. Form I-130 petitions can take over six months to be processed.
Step 2
Complete U.S. Department of State, Form DS-156: Nonimmigrant Visa Application. Check with your local U.S. embassy for approved forms of payment.
Step 3
Indicate under Question 30 of the form that you are applying for a K-3 visa. Take the completed form and the application fee in U.S. dollars to the U.S. embassy or consulate in your country.
Step 4
Wait 90 to 120 days for this form to be processed.
Sources
U.S. Citizenship and Immigration Services: I-130, Petition for Alien Relative
U.S. Department of State: DS-156: Nonimmigrant Visa Application
U.S. Department of State: Fees for Visa Services
Sarah McLeod - Sarah McLeod began writing professionally for the federal government In 1999. In 2002, she was trained by Georgetown University's Oncology ...
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